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Indizoo.com Policies and Terms of Service: (User's Agreement)
Indizoo.com is a multilingual site that showcases music artists worldwide and provides a member managed e-commerce platform, the ZooShop, and a global resource directory. This page provides a detailed statement of agreements and policies that affect the use of the indizoo.com site and its features.
By submitting materials to indizoo.com (referred to as indizoo) or in any manner registering for and using any services offered on or through indizoo you signify your agreement to all terms, conditions, policies and notices contained or referenced in this agreement. If you do not agree with any provision of this agreement, do not use the indizoo or any indizoo services.
Certain indizoo services may require separate agreements to terms and conditions.
Any policies concerning use of indizoo, indizoo copyrights or terms of service may be edited or modified by indizoo without notice. You should review the policies and agreements frequently and carefully. If you have any questions or concerns contact indizoo at e-mail: info@indizoo.com
Indizoo.com, LLC is a Florida corporation with offices located at 225 East 96th Street, 5FE, New York, New York, 10128
PRIVACY STATEMENT:
Indizoo.com is in business to be an enjoyable and valuable asset to the music artists, resources and users who register as members of the indizoo website. As registered members of indizoo, your rights and privacy are our priority. Indizoo will protect the rights and privacy of it's members above any opportunities for profit or business advantage. Indizoo will not sell or share personal information with any third party and will only use the information for administration and service of the website and it's members. As stated in the agreements below, media uploaded to the site remains the property of the owner/member uploading the media and is used by indizoo only in accordance with the rights of license as agreed to in the document below.
Robert Tucker, CEO
GENERAL USE :
Any Person who visits, submits material to or in any manner uses any service offered on or through indizoo, or any agent or organization legally representing such person, in these documents will be referred to as Users.
Indizoo grants users license to access and make personal use of the indizoo site and all the services and features of the site as specified in this agreement or any future modifications of this agreement. This agreement is a legal license given by indizoo to the user and is for the user’s use solely. This license may be modified by indizoo at any time and may be cancelled without notice for abuse or breech of the policies of indizoo.
- Users do not, and do not allow any third party to, copy, modify, create a derivative work from, or attempt to transfer any right to any content of the indizoo site without explicit, written consent from indizoo.
- Users may not download or modify the site or any portion of it without indizoo’s express written consent; except where allowed in terms of use.
- Users may not download, modify or exercise any other exclusive right to any materials posted on indizoo, without a written license from the owner(s) of such materials unless specific consent is posted by the owner of the material at the point of download.
Resale or commercial use of the indizoo site or any site content content; any collection or use of any product listings, descriptions, or prices; any derivative use of the indizoo or its contents; any downloading or copying of account information; and any use of data mining, robots, or similar data gathering and extraction tools is forbidden. The indizoo site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent from indizoo.
Terms of Use:
Though indizoo respects the freedom of expression, indizoo shall reserve the right to review all materials and in its sole discretion to remove or refuse to post any materials for any reason. Users agree not to post any materials of an illegal nature.
Except for user-posted materials, the entire site, including all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within or associated with the site, is the sole and exclusive property of indizoo. All rights reserved.
You agree to the policies and terms of use of any vendor offering services on or through indizoo or accessed on or through indizoo.com.
Users may include a hyperlink to the URL of their website(s) on their profile page. Space is given in the registration form for a primary link. Other links are permissible in the profile page text section. Users agree to post only links directly related to their music, careers, businesses, organizations and information about them. Third party links or endorsements for commercial purposes are not allowed and will be removed.
Indizoo reserves the right to remove any member or any material from the site for any reason without notice or justification.
Indizoo is protected by all applicable federal and international intellectual property laws. No portion of the Site may be reprinted, republished, modified or distributed in any form without express written permission from indizoo.
Linking:
It is not required for a user to create a hyperlink to indizoo on their website though indizoo is about building a global music community and building a pool of resources to the mutual benefit of all users. Creating a network of hyperlinks is one of the most useful tools for building traffic to everyone’s benefit.
Ownership of Materials:
Users retain full ownership of any and all materials lawfully submitted to indizoo at all times.
If you believe that materials in which you hold ownership rights have been posted to the indizoo site or otherwise submitted to indizoo without your permission, you must, and hereby agree, immediately to notify indizoo: legal
Digital Millennium Copyright Act (DMCA) Policy:
Section 512 of the Copyright Law of the United States (17 U.S.C. §512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider’s website.
Indizoo has designated an agent to receive notification of alleged copyright infringement.
How to report a claim of infringement:
If you believe that material on the site violates any of your exclusive rights under United States copyright law, you must notify our designated agent. Information will be provided as to how to file a claim.
How to make a counter notification:
If you are an indizoo user and you feel that material you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Notify our designate agent who will provide the information as to how to file a counter notification.
Resolution:
Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, indizoo is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.
Indizoo’s policy is to terminate users and account holders who are found to be repeat violators. If you have any questions regarding your ownership of or rights to the media you are uploading please contact the proper authority before uploading to the media in question to indizoo.com.
User Representations:
By accepting this agreement and/or submitting materials to indizoo you acknowledge that…
- That you have reached the age of competency to enter into contracts in your jurisdiction; and that you are at least 18 years of age.
- That you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit materials on the terms provided herein and to grant indizoo the nonexclusive licenses herein.
- That your materials are original; that your materials were either created solely by you or, by written assignment, you have acquired all worldwide intellectual property rights in and to your materials and to any "samples" or excerpts from copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that your materials do not infringe on the intellectual property rights of any person or entity.
- That you have neither intentionally nor with gross negligence submitted any materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.
- That indizoo is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify indizoo, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.
- All representations, warranties or covenants made herein by you shall survive termination of this agreement. All warranties and representations made by you herein are made for the benefit of indizoo and its sub-licensees and may be enforced separately by indizoo and/or by any contractually designated sub-licensee of indizoo.
License to Use Your Materials:
In consideration of indizoo’s efforts to provide your work with public exposure, you expressly authorize indizoo and its sub-licensees to transmit, stream, broadcast, publicly display and publicly perform in any manner, form or media whether now known or hereafter devised, any of the materials you submit or make available to indizoo. Without limitation to other licenses you may be inferred to or have granted in order to accomplish the foregoing, you expressly grant indizoo and its sub-licensees the following licenses.
Public performance license for compositions:
Whether or not you are a member of a performing rights society, you hereby grant indizoo and its sub-licensees a nonexclusive, direct license to publicly perform all musical compositions included in your materials, worldwide. If you belong to a performing rights society you understand that it is your sole responsibility to notify your performing rights society of the direct license you have granted herein.
Public performance license for sound recordings:
You hereby grant indizoo and its sub-licensees a nonexclusive license to publicly perform by means of digital audio transmission all sound recordings included in your materials, worldwide.
Reproduction licenses for compositions and sound recordings:
Although copyright law is evolving to accommodate the digital environment, certain key issues remain unresolved. One such issue is the extent to which reproduction licenses are required for compositions and sound recordings made available on interactive streaming services. We choose to resolve the issue contractually, until statutory or case law provides more definitive guidance. You hereby grant indizoo and its sub-licensees nonexclusive reproduction licenses for all compositions, sound and video recordings included in your materials. Licenses are limited in scope and apply only to the extent necessary to make your materials publicly available via indizoo’s interactive streaming services.
Podcasts:
From time to time indizoo may invite you to submit your materials for inclusion in downloadable content files known as “podcasts.” Podcasts are non-live entertainment programs spotlighting the work of indizoo members and are made available for download in unprotected media, free of charge, at the Site. indizoo will not include your Materials in podcasts without your consent. If you choose to grant such consent, however, you grant to indizoo and its sub-licensees all licenses reasonably required for podcasting, including nonexclusive reproduction and public performance licenses for all compositions, and nonexclusive reproduction and public performance licenses for all sound recordings, embodied in any materials selected for inclusion in indizoo podcasts. You further release indizoo and its sub-licensees of any and all liability arising from any alleged failure by indizoo or any of its sub-licensees to obtain appropriate licenses for the use of any materials of yours selected for inclusion in indizoo podcasts.
Sub-licensees designated by indizoo to transmit, stream, broadcast, publicly display and/or publicly perform your materials may pay a fee to indizoo for facilitating access to such Materials and you hereby agree that indizoo shall be entitled to collect and retain 100% of all such facilitation fees without any obligation to you.
Indizoo shall have the right and license to use, and license others to use, your materials for the purpose of promoting our products and services, and to use all names, likenesses, biographical materials, logos, marks or trade names of you and all individuals performing on or otherwise represented in your materials without any payment to you or any other persons, entities, groups or associations. All rights and licenses you grant to indizoo pursuant to this section shall terminate when, in accordance with this agreement, you exercise your right to request removal of any or all materials.
Infallibility:
- You acknowledge that the site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that indizoo shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of any indizoo service or feature.
- A possibility exists that the site or any service could include inaccuracies or errors, information or materials that violate this agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the site or any service. Although we attempt to ensure the integrity of the site and every service, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which the site's or any services’ completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonable.
- Indizoo disclaims any and all responsibility for the deletion, failure to store, mis-delivery or untimely delivery of any information or material. Indizoo disclaims any and all responsibility for harm resulting from downloading or accessing any information or material on the internet or through the site.
- All content included on this Site, including but not limited to text, graphics, logos, button icons, images, data compilations, code and source code, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site or associated therewith, are the property of indizoo or its content suppliers and is protected by United States and International copyright laws with All Rights Reserved. The compilation of all content on this Site is the exclusive property of indizoo and is protected by United States and international copyright laws with All Rights Reserved. All software used on this site is the property of indizoo or its software suppliers and is protected by United States and international copyright laws with All Rights Reserved.
- “indizoo®,” “Fab 4,” , “ZooShop,” and other trademarks, service marks, logos, labels, product names and service names appearing on the Site (collectively, the “Marks”) are owned or licensed by indizoo. Marks not owned by indizoo or its subsidiaries are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by indizoo.
- You agree not to copy, display or otherwise use any marks without indizoo’s prior written permission. The marks may never be used in any manner likely to cause confusion, disparage or dilute the marks and/or in connection with any product or service that is not authorized or sponsored by indizoo.
Parental Control Protections:
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com/
- We make no representation that products or services available on or through the Site or any Service are appropriate or available for use in other locations other than the United States. Those who choose to access the Site or any Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Products or any service made available through the site are subject to US and International Law. You agree to comply with all applicable laws from the United States or the country in which you reside. We reserve the right to limit the availability of the Site and/or any Service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such Service or product that we provide to assure compliance with US or International Law.
Without in any way limiting any other provisions of this agreement, indizoo makes no representations whatsoever about any other website that you may access through the site. When you access another website, you understand that it is entirely independent from this site, and that indizoo has no control over the content of such website or of its policies. In addition, a hyperlink to another website does not mean that indizoo endorses or accepts any responsibility for the content, use or policies of the linked website or that the policies of that website are consistent with our policies or the terms and conditions of this agreement.
Upon receipt of your written request, indizoo will remove any of your materials from the Site within a reasonable period of time. Indizoo’s licenses to use such materials will continue for any copies of such materials that may have been disseminated in any format or media prior to the actual removal of such materials from the site.
You agree that, at any time, indizoo may revise, change or modify any terms and conditions of this Agreement and/or any aspect of any Service, without notice to you. You can review the most current version of this agreement at any time at: http://www.indizoo.com. When using any service, you and indizoo shall also be subject to any guidelines, policies or rules applicable to such service which may be posted on thesSite from time to time. All such guidelines, policies or rules are hereby incorporated by reference into this agreement and you agree to their terms. Any such revisions, changes or modifications shall be binding and effective immediately upon posting of same to the site.
Your rights under this agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this agreement, whether by attachment, levy, garnishment or otherwise, renders this agreement void at indizoo’s option.
Registration for Services:
- You agree to provide true, accurate, current and complete information about yourself as prompted by the registration processes (such information being your "Account Information"). You further agree that, in providing such account Information, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated account information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your account information as required for your use of and access to the site and any service, as applicable.
- As a User, you will receive a unique username and password (collectively referred to as Username) in connection with your account. You agree that you will not allow another person to use your username to access and use the Site or any Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your username and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. Indizoo is not liable for any harm caused by or related to the theft of your username, your disclosure of your username, or your authorization to allow another person to access and use the site or any service using your username. You are solely and entirely responsible for any and all activities that occur under your account, including, but not limited to, any charges incurred relating to the site or any service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data transmitted while using the site or any service cannot be guaranteed.
- The term of any service shall commence when the user initiates payment for such service or, if the service is complimentary, when the user registers for such service. All services will extend for an initial period of one year (the "Term") and, unless terminated as provided herein, shall renew automatically for successive one-year periods. During the term, the user shall be afforded the full use and benefit of the applicable service as described on the site which service benefits may be revised by indizoo from time to time without notice to the user. Due to technical considerations, certain service benefits may not be available to the user immediately upon commencement of the term, but shall be provided to the user as soon as commercially reasonable. Please direct any questions about services or service benefits to indizoo by e-mail at: info@indizoo.com
- User may terminate any service at any time. User’s request for termination shall also be considered a request for the removal of all material posted on the site. Upon termination of a service by either party, user’s access to service benefits shall terminate immediately.
- Users may not use indizoo's servers as a source for any abusive activities. User agrees not to engage in unacceptable use of indizoo’s site, any site service, any other user’s or affiliate’s sites or to engage in any other activity deemed by indizoo to be in conflict with the spirit or intent of this agreement or any indizoo policy.
Fees and Pricing:
Fees and prices appearing on the indizoo and in the ZooShop are based on United States dollars (USD). Purchases or fees paid through payment gateways will be paid through the appropriate financial service provider in the currencies allowable at the current USD conversion rate.
Indizoo will make payments to users accounts through the payment gateway that indizoo chooses to use. Payments will be made monthly for purchases made through users’ ZooShop stores or for any fees or payments due to users from indizoo in USD at the current conversion rate at the time of payment. Users are responsible for any conversion fees applicable by their financial service provider. Indizoo is not responsible for the accuracy of users’ account information. Payments and financial transactions will assume that all information is accurate. If there is a problem with financial transactions of any kind contact indizoo immediately so appropriate action may be taken to resolve or remedy and issues. Indizoo is not liable for any losses incurred because of inaccurate information provided by users or buyers.
Payment gateway service providers have policies and regulations for use. Users are responsible to know and follow those policies and regulations. In the case of any transaction issues the providers have procedures in place to resolve or remedy these issues. Users need to use these procedures. Indizoo is not responsible to do follow up or in any way be involved in resolutions other than providing detailed account or other information pertinent to the case as required by law.
If you are unclear about any provision of this Agreement, please contact indizoo at info@indizoo.com
Last Updated: 03/14/2008
SALES AGREEMENT FOR MERCHANTS:
BY CHOOSING "I ACCEPT" OR SIMILAR LANGUAGE ON THE INDIZOO ZOOSHOP SIGNUP FORM, YOU CONFIRM THAT YOU WILL BECOME A PARTY TO THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALL REFERENCED POLICIES AND ALL OTHER AGREEMENTS THAT ARE INCORPORATED HEREIN. WE MAY MODIFY THIS AGREEMENT FROM TIME TO TIME. THE "EFFECTIVE DATE" OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE "I ACCEPT" BUTTON. INDIZOO RESERVES THE RIGHT TO REJECT YOUR OFFER TO REGISTER FOR OR USE THE ZOOSHOP IN ITS SOLE DISCRETION.
This is an agreement between indizoo.com, LLC and you and/or any band, group, association or entity for whom you are acting as an agent or Label.
ZooShop Account:
To enroll as a merchant, you must first complete the indizoo registration process located on our web site at http://www.indizoo.com.
We have sole discretion as to the operation, availability and scope of the ZooShop. We reserve the right to modify, expand, update, discontinue or otherwise change the ZooShop (or component thereof) and the terms of this agreement. We will notify you of any material changes to this agreement by posting the revised terms to the site.
YOU SHOULD REFER TO THE SITE FREQUENTLY TO ENSURE THAT YOU HAVE REVIEWED AND ARE FAMILIAR WITH THE MOST RECENT VERSION.
Unless we state otherwise, the change, addition or deletion will apply to your future use of the ZooShop. You agree to accept all changes, additions or deletions if you use the ZooShop after they have been posted.
GRANT OF LICENSES; REPRESENTATIONS AND WARRANTIES:
By accepting this agreement and/or by the act of uploading material to the ZooShop you assume all rights as administrator of your ZooShop store page. You acknowledge that;
- You have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; and that in any event you are at least 18 years of age.
- You have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit your material on the terms provided herein and to grant indizoo the licenses set forth in the Terms of Service Agreement.
- All factual assertions you have made and will make to us are true and complete.
For purposes of clarification, and without limitation, the term “material” includes, but is not limited to, both the musical composition, the sound recording in which any musical composition is embodied; along with associated metadata, video, artwork, photographs, text and lyrics or any copyrighted content.
All licenses you grant to indizoo under this agreement are in addition to those you have granted to indizoo pursuant to the Terms of Service Agreement and nothing herein is intended to limit the Terms of Agreement Licenses.
If we make an error in good faith, and consequently exceed our license rights, your sole and exclusive remedy will be for us to take all reasonable steps to promptly correct the error as soon as you notify us of the error.
You acknowledge that indizoo is relying upon the representations, warranties and covenants you have made herein. You indemnify indizoo, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.
You may terminate this Agreement at any time.
You retain full ownership of any and all material you submit to indizoo, at all times, subject only to the rights and licenses you grant to us pursuant to this or any other applicable agreement; You are free to grant similar rights to others during and after the Term of this Agreement. If you believe that material in which you hold an ownership interest has been submitted to the ZooShop without your permission, you must, and hereby agree to notify indizoo’s designated Copyright Agent, immediately.
If you provide a parental advisory warning about a particular sound recording in your material, As administrator of your ZooShop you are required to make such parental advisory information available to buyers. You shall be solely responsible for determining the necessity for and content of parental advisory warnings.
Indizoo will make reasonable efforts to keep the indizoo site and the ZooShop operational. However, certain technical difficulties, routine site maintenance, upgrades and any other events outside the control of indizoo may, from time to time, result in temporary interruptions. Indizoo also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the indizoo site or the ZooShop with or without notice. You agree that indizoo shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the ZooShop.
FEES:
Indizoo and the ZooShop require NO FEE to register and or to upload material, create your Profile page, ZooShop page, or to make use of the features and services available on the site and in the ZooShop
There is no front fee to sell your music in the ZooShop though indizoo reserves a reasonable percentage of each sale after any revenue due third party vendors for their services. The ZooShop user retains the balance of the purchase.
Indizoo allows you as administrator of your ZooShop to set your pricing after minimum pricing requirements are met.
Users submit minimum 10 copies of each CD/DVD to indizoo for initial inventory.
Insert a packing list in the package with name address and contact information including Account ID.
Packages may be sent to:
Indizoo, ZooShop
387 Bog Hollow Road
Wassaic, NY 12592 USA
• CDs/DVDs, Indizoo retains 30% of any sale or a minimum $3 USD retained by indizoo. Shipping and handling is managed by indizoo. Global USPS shipping rates apply
• Music or Video Downloads, Indizoo retains 30% of any sale.
• Realtones by Xingtone. Xingtone retains $.25 USD each. Indizoo retains 30% of the balance.
• Tee Shirts and other printed merchandise, printer retains the base price of any item sold, Indizoo retains 30% of the balance. No fee for 1-2 color designs. 3 or more colors require a $20 USD set up fee per color and an additional .25 per color print charge per item. (Set up fee is due prior to the design being made available for sale). Set Up fees are not applicable to hats.
Media files you upload to the ZooShop must be in the formats specified for upload to the ZooShop. Files not formatted accordingly will not be accepted into the ZooShop.
PAYMENTS:
For amounts of $20 USD or more indizoo will remit payments automatically every month. Easiest means of receiving payment is to set up a paypal account (this does not require a credit card to receive payments). Indizoo pays in USD at the current conversion rate as determined by the payment gateway provider. Indizoo is not responsible for conversion fees.
If amounts do not exceed $20 indizoo will issue payment each quarter or if payment is requested. Payment will not be automatic.
If you are acting on behalf of another Artist as Agent or Label, distributing payment to such Artist is your sole responsibility.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ZooShop must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Last Updated:12/10/2006
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