Terms
and Conditions
This
is a contract between you the user and TheIndustryPage website
(collectively, including all Content available through
TheIndustryPage.com domain name, the "TheIndustryPage Website",
or "Website"), (also referred to as "IndustryPage"
or the "Company") Sometimes referred to as "the
company", "we," "us" or "our". YOU
SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms
of Service") AND THE TERMS AND CONDITIONS OF THEINDUSTRYPAGE’S
PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.TheIndustryPage.com, AND WHICH ARE INCORPORATED HEREIN BY
REFERENCE. If you do not agree to any of these terms, then please do
not use the TheIndustryPage.com Website.
User
Agreement
1. Your
Acceptance
This
is a contract between you the user and TheIndustryPage website
(collectively, including all Content available through
TheIndustryPage.com domain name, the "TheIndustryPage Website",
or "Website"), (also referred to as "IndustryPage"
or the "Company") Sometimes referred to as "the
company", "we," "us" or "our". YOU
SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms
of Service") AND THE TERMS AND CONDITIONS OF THEINDUSTRYPAGE’S
PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.TheIndustryPage.com, AND WHICH ARE INCORPORATED HEREIN BY
REFERENCE. If you do not agree to any of these terms, then please do
not use the TheIndustryPage.com Website.
2.
TheIndustryPage Website
These
Terms of Service apply to all users of the TheIndustryPage Website,
including users who are also contributors of video content, audio
content, information, and other materials or services on the Website.
The TheIndustryPage Website may contain links to third party websites
that are not owned or controlled by TheIndustryPage. TheIndustryPage
has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. In
addition, TheIndustryPage will not and cannot censor or edit the
content of any third-party site. By using the Website, you expressly
relieve TheIndustryPage from any and all liability arising from your
use of any third-party website. Accordingly, we encourage you to be
aware when you leave the TheIndustryPage Website and to read the
terms and conditions and privacy policy of each other website that
you visit.
3. Website Access
A.
TheIndustryPage hereby grants you permission to use the Website as
set forth in this Terms of Service, provided that: (i) your use of
the Website as permitted is solely for your personal, noncommercial
use; (ii) you will not copy or distribute any part of the Website in
any medium without TheIndustryPage prior written authorization; (iii)
you will not alter or modify any part of the Website other than as
may be reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply with the terms and
conditions of these Terms of Service.
B.
In order to access some features of the Website, you will have to
create an account. You may never use another's account without
permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity
that occurs on your account, and you must keep your account password
secure. You must notify TheIndustryPage immediately of any breach of
security or unauthorized use of your account. Although
TheIndustryPage will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of
TheIndustryPage or others due to such unauthorized use.
C.
You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Website in a manner that sends
more request messages to the TheIndustryPage servers in a given
period of time than a human can reasonably produce in the same period
by using a convention on-line web browser. Notwithstanding the
foregoing, TheIndustryPage grants the operators of public search
engines permission to use spiders to copy materials from the site for
the sole purpose of creating publicly available searchable indices of
the materials, but not caches or archives of such materials. You
agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use
the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User
Submissions. TheIndustryPage reserves the right to revoke these
exceptions either generally or in specific cases.
4. Intellectual
Property Rights
The
content on the TheIndustryPage Website, except all User Submissions
(as defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are
owned by or licensed to TheIndustryPage, subject to copyright and
other intellectual property rights under United States and foreign
laws and international conventions. Content on the Website is
provided to you AS IS for your information and personal use only and
may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any
other purposes whatsoever without the prior written consent of the
respective owners. TheIndustryPage reserves all rights not expressly
granted in and to the Website and the Content. You agree to not
engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through
the Website for any commercial purposes. If you download or print a
copy of the Content for personal use, you must retain all copyright
and other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related
features of the TheIndustryPage Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use
of the TheIndustryPage Website or the Content therein.
5. User
Submissions
A.
The TheIndustryPage Website may now or in the future permit the
submission of videos or other communications submitted by you and
other users ("User Submissions") and the hosting, sharing,
and/or publishing of such User Submissions. You understand that
whether or not such User Submissions are published, TheIndustryPage
does not guarantee any confidentiality with respect to any
submissions.
B.
You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: (i) you own
or have the necessary licenses, rights, consents, and permissions to
use and authorize TheIndustryPage to use all patent, trademark, trade
secret, copyright or other proprietary rights in and to any and all
User Submissions to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and these Terms of Service;
and (ii) you have the written consent, release, and/or permission of
each and every identifiable individual person in the User Submission
to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and these Terms of Service.
For
clarity, you retain all of your ownership rights in your User
Submissions.
However, by submitting the User Submissions to TheIndustryPage, you
hereby grant TheIndustryPage a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, and
perform the User Submissions in connection with the TheIndustryPage
Website and TheIndustryPage 's (and its successor's) business,
including without limitation for promoting and redistributing part or
all of the TheIndustryPage Website (and derivative works thereof) in
any media formats and through any media channels. You also hereby
grant each user of the TheIndustryPage Website a non-exclusive
license to access your User Submissions through the Website, and to
use, reproduce, distribute, prepare derivative works of, display and
perform such User Submissions as permitted through the functionality
of the Website and under these Terms of Service. The foregoing
license granted by you terminates once you remove or delete a User
Submission from the TheIndustryPage Website.
C.
In
connection with User Submissions, you further agree that you will
not: (i) submit material that is copyrighted, protected by trade
secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner of
such rights or have permission from their rightful owner to post the
material and to grant TheIndustryPage all of the license rights
granted herein; (ii) publish falsehoods or misrepresentations that
could damage TheIndustryPage or any third party; (iii) submit
material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law, or is
otherwise inappropriate; (iv) post advertisements or solicitations of
business: (v) impersonate another person.
TheIndustryPage does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and TheIndustryPage
expressly disclaims any and all liability in connection with User
Submissions. TheIndustryPage does not permit copyright infringing
activities and infringement of intellectual property rights on its
Website, and TheIndustryPage will remove all Content and User
Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. TheIndustryPage
reserves the right to remove Content and User Submissions without
prior notice. TheIndustryPage will also terminate a User's access to
its Website, if they are determined to be a repeat infringer. A
repeat infringer is a User who has been notified of infringing
activity more than twice and/or has had a User Submission removed
from the Website more than twice. TheIndustryPage also reserves the
right to decide whether Content or a User Submission is appropriate
and complies with these Terms of Service for violations other than
copyright infringement and violations of intellectual property law,
such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. TheIndustryPage may remove such User
Submissions and/or terminate a User's access for uploading such
material in violation of these Terms of Service at any time, without
prior notice and at its sole discretion.
D.
In particular, if you are a copyright owner or an agent thereof and
believe that any User Submission or other content infringes upon your
copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing
TheIndustryPage with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
(i)
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
(ii)
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
(iii)
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
(iv)
Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available,
an electronic mail;
(v)
A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
(vi)
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
TheIndustryPage’s
designated feedback, comments, requests for technical support, and
other communications should be directed to TheIndustryPage customer
service through http://www. TheIndustryPage.com/contact. You
acknowledge that if you fail to comply with all of the requirements
of this Section 5(D), your DMCA notice may not be valid.
E.
You understand that when using the TheIndustryPage Website, you will
be exposed to User Submissions from a variety of sources, and that
TheIndustryPage is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such User
Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against
TheIndustryPage with respect thereto, and agree to indemnify and hold
TheIndustryPage, its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters
related to your use of the site.
F.
TheIndustryPage permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, TheIndustryPage
provides an "Embeddable Player" feature, which you may
incorporate into your own personal, non-commercial websites for use
in accessing the materials on the Website, provided that you include
a prominent link back to the TheIndustryPage website on the pages
containing the Embeddable Player. TheIndustryPage reserves the right
to discontinue any aspect of the TheIndustryPage Website at any time
6. Fees and
Services
Joining
TheIndustryPage or being a general user is free. We do charge
transaction fees for transferring balances of your “piggybank”
into your paypal account. There are also fees for using other
services, such as competitions, live streaming, and booking venues.
When you use a service that has a fee you have an opportunity to
review and accept the fees that you will be charged based on our Fees
schedule,
which we may change from time to time. Changes to that Policy are
effective after we provide you with at least fourteen days' notice by
posting the changes on the Sites. We may choose to temporarily change
the fees for our services for promotional events (for example, free
listing days) or new services, and such changes are effective when we
post the temporary promotional event or new service on the Sites.
Unless
otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees and applicable taxes associated with
the Sites in a timely manner with a valid payment method. If your
payment method fails or your account is past due, we may collect fees
owed using other collection mechanisms. (This includes charging other
payment methods on file with us, retaining collection agencies and
legal counsel, and for accounts over 180 days past due, deducting the
amount owed from your PayPal account balance.)
7.
Payment
All
payments will be made through a third party institution that allows
secure transactions. When using there services you are subject to
there terms and conditions and user policies.
Your
right to any payment due you is conditioned upon you promptly
providing us with all information we require to properly make the
payment (for example, bank account information for receiving the
payment). We will use reasonable efforts to tell you what information
we require in advance of your use of the applicable service. Even if
we do not tell you in advance, you must provide us the information we
request before your right to receive the payment accrues. You are
responsible for the accuracy of the information you provide and any
taxes you may incur as a result of receiving a payment. You must also
comply with any other conditions we place on your right to any
payment. If you receive a payment that was not due to you, we may
reverse or seek return of the payment and you agree to cooperate with
us in our efforts.
We
consider your use of the service to be private. However, we may
access or disclose information about you, your account and/or the
content of your communications, in order to: (1) comply with the law
or legal process served on us; (2) enforce and investigate potential
violations of this contract, including use of this service to
participate in or facilitate activities that violate the law; or (3)
protect the rights, property, or safety of TheIndustryPage and its
employees, its customers or the public. You consent to the access and
disclosures outlined in this section.
8.
Refund Policies
Unless
otherwise provided by law, all charges are non-refundable unless
stated otherwise and the costs of any returns will be at your
expense.
9.
Requirements for Placing Advertisements
You
may be able to place advertisements in or through the service. We
have no obligation to display any part of the advertising content. We
reserve the right to reject any submitted advertising. With respect
to any advertising content you provide, you promise that:
·
all advertising content is accurate, complete and current;
·
you have all necessary rights, power and authority to publish the
advertising content;
·
the advertising content, and any web site listed or linked to/from
the advertising content:
·
complies with all applicable laws and regulations;
·
does not infringe, misappropriate or otherwise violate any copyright,
patent, trademark, service mark, trade secret or other intellectual
property right of any third party;
·
does not breach the rights of any person or entity, including rights
of publicity or privacy, and is not defamatory; and
·
does not result in consumer fraud (including being false or
misleading), product liability, and tort, breach of contract, injury,
damage or harm of any kind to any person or entity.
· you possess
documents substantiating all claims, express and implied, contained
within the advertising content
10. Warranty
Disclaimer
YOU
AGREE THAT YOUR USE OF THE THEINDUSTRYPAGE WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THEINDUSTRYPAGE,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF. THEINDUSTRYPAGE MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE THEINDUSTRYPAGE WEBSITE. THEINDUSTRYPAGE DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
THEINDUSTRYPAGE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND THEINDUSTRYPAGE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
11. Limitation of
Liability
IN
NO EVENT SHALL THEINDUSTRYPAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
THEINDUSTRYPAGE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU
SPECIFICALLY ACKNOWLEDGE THAT THEINDUSTRYPAGE SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF
ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The
Website is controlled and offered by TheindustryPage from its
facilities in the United States of America. TheindustryPage makes no
representations that the TheindustryPage Website is appropriate or
available for use in other locations. Those who access or use the
TheindustryPage Website from other jurisdictions do so at their own
volition and are responsible for compliance with local law.
You
will not hold TheindustryPage responsible for other users' actions or
inactions, including things they post. Instead, the Sites are a venue
to allow anyone to offer, sell, and buy but music and movies but not
limited to music and movies, at anytime, from anywhere, in a variety
of pricing formats and venues, such as stores, and fixed price
formats. We are only involved in allowing access to “digital media”
once payment has been verified through a third party like “PayPal”.
We have no control over and do not guarantee the quality, safety or
legality of items advertised, the truth or accuracy of listings, the
ability of sellers to sell items, the ability of buyers to pay for
items, or that a buyer or seller will actually complete a
transaction.
We
do not transfer legal ownership of items from the seller to the
buyer, and nothing in this agreement shall modify the governing
provisions of theUniform Commercial Code § 2-401(2), under which
legal ownership of an item is transferred upon physical delivery of
the item to the buyer by the seller. Unless the buyer and the seller
agree otherwise, the buyer will become the item's lawful owner upon
physical receipt of the item from the seller, in accordance with
Pennsylvnia Commercial Code § 2401(2) and Uniform Commercial Code §
2-401(2). Further, we cannot guarantee continuous or secure access to
our services, and operation of the Sites may be interfered with by
numerous factors outside of our control. Accordingly, to the extent
legally permitted, we exclude all implied warranties, terms and
conditions. We are not liable for any loss of money, goodwill, or
reputation, or any special, indirect, or consequential damages
arising out of your use of our Sites. Some jurisdictions do not allow
the disclaimer of warranties or exclusion of damages, so such
disclaimers and exclusions may not apply to you.
Regardless
of the previous paragraph, if we are found to be liable, our
liability to you or to any third party is limited to the greater of
(a) the total fees you paid to us in the 12 months prior to the
action giving rise to the liability, and (b) $100.
12.Claim
Any
claim related to this contract or the service may not be brought
unless brought within one year. The one-year period begins on the
date when the claim first could be filed. If it is not filed, then
that claim is permanently barred. This applies to you and your
successors. It also applies to us and our successors and assigns.