Terms And Conditions
Including License of Localeplayed.com
This site is owned and operated by Local E Played and contains material which is derived in whole or in part from Local E Played and other sources and is protected by copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site or any compilation developed from your use of this site or the Local E Played services. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Users of Local E Played may upload copies of photos, logos, cover art, songs, and data (your “work(s)”). You understand that Local E Played’s Field of Use of any work of authorship submitted by you means, and is for, the creation of a derivative work by Local E Played for the promotion and distribution thereof, the derivative work of which includes third party works as part of a compilation including your work. Local E Played desires the right, privilege, and authority to use your work for Local E Played’s Field of Use, and you, by using Local E Played, are agreeable to grant such right, privilege, and authority, subject to the terms and conditions hereinafter set forth. More specifically, you hereby grant to Local E Played and its Affiliates a fully paid, perpetual, royalty-free, fully-sublicensable, nonexclusive worldwide license, to do the following: (a) make, copy and use your work in the conduct of Local E Played’s business for the Licensed Field of Use; (b) develop and make Derivatives from and of your work in the conduct of Local E Played’s or its Affiliates’ business within the Licensed Field of Use; (c) sublicense or sell to any Third Party the right to use or make the Derivatives; and (d) file copyright registrations in Local E Played’s name as it relates solely to the derivative work. “Derivative” means (a) any enhancement, improvement, modification, translation, abridgment, expansion, compilation or “derivative work” (as defined in the U.S. Copyright Act, as amended from time to time). You agree to cooperate with Local E Played with its registration procedure such that Local E Played may enjoy to the fullest extent the rights conveyed under and pursuant to this Agreement. Such duty includes prompt execution of all materials that are deemed necessary or desirable by Local E Played to perfect the conveyed rights.
Additionally, users of Local E Played may have a profile page. If you do post content or submit material, and unless we indicate otherwise, Local E Played’s Field of Use includes, and you grant Local E Played, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Local E Played sublicensees to the right to use the name that you submit in connection with such content.
Reservation of Rights. You as a licensor reserve ownership of your work. Except for the Local E Played Licenses above, no right, title or interest in, to or under any of your work is granted, created, assigned or otherwise transferred to Local E Played pursuant to or by virtue of this Agreement. Without limiting the generality of the foregoing, Local E Played will not, without your consent use all or any portion of your work outside of the Licensed Field of Use.
4. Limitation of Liability.
IN NO EVENT SHALL LOCAL E PLAYED BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE YOUR WORK AS PERMITTED UNDER THE LICENSE, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY BREACH OR DEFAULT OF THIS AGREEMENT BY LOCAL E PLAYED.COM OR WEB SITE OWNER SHALL BE A RETURN OF ANY FEES PAID TO LOCAL E PLAYED FOR ANY SERVICES PROVIDED UNDER THIS AGREEMENT.
5. WARRANTY, COVENANTS, AND INDEMNITY.
You, as the original author of your work(s), warrant that you are the Author and sole proprietor of the Work and have the sole and exclusive right to dispose of the Work. The Author warrants that the Work has not been nor will be, sold, assigned, leased, or licensed in whole or in part, in any form that would conflict with their affiliation with Local E Played. The Author warrants that the Work contains no matter that is defamatory, or that infringes on any trademark, copyright or right of literary property, or that is unlawful in any other way. With respect to any adverse claim as to any of the foregoing warranties, the Author will defend, hold harmless, and indemnify Local E Played and its sub-licensees.
You covenant that you will not upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable.
You covenant that you will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.
You covenant that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You covenant that you will not use “spam,” “blast-faxes,” or recorded telephone messages to market or promote any materials relating to you on the Site or in connection with the Services.
You covenant that you will not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. Age Restriction.
The Local E Played Site and Services are intended for use by persons 18 years of age or older. Local E Played is not intended for children under the age of 13. Children under the age 18 but at least 13 years of age may use the Site and Services only with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions. SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
Local E Played does not guarantee or warrant that the promotion of any derivative work will result in a financial gain. You understand the speculative nature of the music industry, and we make no guarantees whatsoever with respect to the marketing, promotion, acceptance, development, or popularity of you, your band, your music, or otherwise in connection with your use of the Local E Played; and we further make no guarantees whatsoever that any materials you create or distribute using Local E Played, including your music, will achieve any results or be purchased or otherwise used by any third party. THE MATERIALS IN THIS SITE AND THE THIRD-PARTY SITES AND LOCAL E PLAYED SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Local E Played has provided links and pointers to Internet sites maintained by third parties. Neither Local E Played, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. To the fullest extent permissible pursuant to applicable law, Local E Played disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Local E Played does not warrant that the functions of site our services will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Local E Played does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Local E Played) assume the entire cost of all necessary maintenance, repair or correction.
This agreement is effective until terminated by either party at any time. In the event of termination, Local E Played may, but is not obligated to within any time period, delete any of your Work, User Content, information, or other data from Local E Played, and we have no obligation to maintain copies of any deleted information. The disclaimers, warranties, covenants, indemnifications, and limitations of liabilities set forth in this agreement, shall survive.
9. Entire Agreement; Amendments.
This Agreement constitutes the entire agreement between Local E Played and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. Local E Played may amend or modify this Agreement or impose new conditions at any time without prior notice. Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on Local E Played. Any use of the service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
10. Governing Law.
This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any principles or conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before a court sitting in Allegheny County or Butler County, Pennsylvania, and you hereby consent to the jurisdiction of any such court.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.