Artist Terms and Conditions of Use
Welcome to the artists area ("Artists Area") of
NakedGirlsRadio.com ("Naked Girls Radio"), owned, produced and
operated by NGR, Inc. and, potentially, in part or in whole, by
its parents, subsidiary and affiliate corporations, successors,
and assigns (collectively referred to as "NGR Companies").
NakedGirlsRadio.com is a music-oriented content and information
website that provides a service to musical artists (each an
"Artist" and collectively "Artists") to post information
regarding themselves as well as musical content owned and/or
created by them. Unless explicitly stated otherwise, any current,
updated and new products and services ("Products and Services"),
including the addition of new properties shall be subject to
these Artist Terms and Conditions of Use ("Artist Terms of Use"),
as well as the General
Terms and Conditions of Use ("General Terms of Use"),
incorporated herein by reference. Naked Girls Radio reserves the
right to amend these Artist Terms of Use and the General Terms of
Use at any time.
1. ACCEPTANCE By using the Artists Area of Naked Girls Radio, you
agree to be bound by these Artist Terms of Use, as well as the
General Terms of Use, as modified from time to time. Because both
the Artist Terms of Use and the General Terms of Use contain
legal obligations, please read them carefully. Any violation of
these Terms of Use or the General Terms of Use may result in
suspension or termination of your right to access the Artists
Area of NakedGirlsRadio.com.
2. REGISTRATION Naked Girls Radio Artist accounts ("Artist
Accounts") are for the use of Artists only. Naked Girls Radio is
for the personal use of users ("Users") and the promotional
and/or commercial (pursuant to paragraph 7 below) use of Artists
only. Organizations, companies, and/or businesses may not
register with Naked Girls Radio and should not use the site for
any purpose without the express written consent of NGR, Inc.
Naked Girls Radio reserves the right to terminate an Artist
Account at its sole discretion at any time without prior notice
to the Artist. Artists may terminate their Artist Account at any
time upon sixty (60) days written notice to NakedGirlsRadio.com.
3. NAME AND LIKENESS By registering for and maintaining an Artist
Account, you grant to Naked Girls Radio and the NGR Inc.
Companies a non-exclusive license to use and to permit others to
use throughout the universe the professional name of Artist,
likenesses posted on the Artist Page, other identifications, and
biographical material posted on the Artist Page concerning Artist
(collectively the "NIL Materials") solely in connection with the
advertising and promotion of Naked Girls Radio and the NGR, Inc.
Companies, or to refrain therefrom.
4. PRIVACY You hereby acknowledge receipt and acceptance of NGR,
Inc's Privacy Policy, including our Notice Regarding the Privacy
of Children Under 13 While on NakedGirlsRadio.com. If you have
not yet read the Privacy Policy, please do so now.
5. CONDUCT You acknowledge and agree that all information, code,
data, text, software, music, sound, photographs, pictures,
graphics, video, chat, messages, files, or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that Artist, and not NGR, Inc. shall be
entirely responsible for all Content that it uploads, posts,
emails or otherwise transmits via the Services. Artist conduct on
Naked Girls Radio is governed by the General Terms of Use. You
acknowledge and agree that NGR, Inc. and its designees shall have
the right (but not the obligation), in their sole discretion, to
refuse to publish, remove, or block access to any Content that is
available via the Products and Services at any time, for any
reason, or for no reason at all, with or without notice. Without
limitation, NGR, Inc. and its designees shall have the right (but
not the obligation), in their sole discretion, to refuse to
publish, remove, or block access to any Content that violates the
Terms of Use or is otherwise objectionable as determined by NGR,
Inc. in its sole discretion. Illegal and/or unauthorized uses of
the Naked Girls Radio, including, without limitation, collecting
usernames and/or email addresses of members by electronic or
other means for the purpose of sending unsolicited email and
unauthorized framing of or linking to Naked Girls Radio will be
investigated and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive
redress.
6. CONTENT LICENSE By posting Content on Naked Girls Radio
(including, without limitation, blogs, master recordings,
artwork, photographs and tour dates) you warrant and represent
that you own the Content posted by you or otherwise have the
right to grant the license set forth in this section, and that
such Content does not violate the privacy rights, publicity
rights, copyright rights or other intellectual property rights of
ant third party. You agree to pay for all royalties and fees
owing to any person by reason of any Content you post or submit
to NakedGirlsRadio.com With respect to any Content posted by or
in connection with the Products and Services, you hereby grant
NGR, Inc. a world-wide, royalty free, irrevocable, perpetual
license, alone or together or as part of other information,
Content and/or material of any kind or nature, to use, copy,
modify, publish, edit, translate, transmit, publicly display,
publicly perform, and otherwise exploit such Content
(specifically including through streaming, podcasting,
online/broadcast and satellite radio, suggested playlists and
User playlists, but specifically excluding through phonograph
records), to publish and promote such Content in connection with
the particular Products and Services (including, without
limitation, for advertising and promotional purposes), to publish
and promote such Content elsewhere within NakedGirlsRadio.com or
any other NGR, Inc. website through links to Naked Girls Radio,
and to sublicense such rights through multiple tiers of
sublicenses, all without any obligation to you, whether by way of
compensation, attribution or otherwise. Such license shall apply
with respect to any form, media, or technology now known or
hereafter developed.
7. MERCHANDISE SALES Artist Pages may contain links to third
party websites, including, without limitation, Artist's personal
website, where Users can purchase Artist-related goods or
services, including, without limitation, merchandise, albums and
concert tickets. By creating such links on your Artist Page, you
agree to abide by the terms of the transaction and promptly
fulfill all such orders. In addition, you acknowledge that you
are entering into a direct transaction with the User, and that
Naked Girls Radio and NGR, Inc. are not parties to the
transaction. In no event shall you create a link to a third-party
website selling illegal items or items otherwise prohibited under
the General Terms of Use. Naked Girls Radio reserves the right to
delete any links to offensive or illegal materials.
8. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE
THAT UNDER NO CIRCUMSTANCES SHALL NGR,INC. OR ITS LICENSORS BE
LIABLE TO ANY ARTIST ON ACCOUNT OF THAT ARTIST'S OR ANY USER'S
USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES,
INCLUDING ANY USER'S INFRINGING USES OF ARTIST CONTENT. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES (EVEN IF NGR, INC. OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION
OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM
INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND
SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH
LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR
LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR
ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR
RELATED IN ANY WAY TO, NAKED GIRLS RADIO. SUCH LIMITATION SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY
TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE
TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ARTIST PAGES OR
OTHER CONTENT STORED THROUGHOUT NAKEDGIRLSRADIO.COM, THROUGH
HACKING OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL NGR, INC. OR
ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE,
FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, INTERNET FAILURES, HACKING, COMPUTER
EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER
EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR
DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF
LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF
GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF
OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, the foregoing limitation may
not apply to you.
9. LINKING TO NAKED GIRLS RADIO Please see the General Terms of
Use and the Trademark Usage Rules for rules governing the
creation of links to the Naked Girls Radio website and the use of
the NGR, Inc's Companies' marks.
10. INDEMNITY AND RELEASE By using the Naked Girls Radio web site
you agree to indemnify NGR,Inc. the NGR Companies, and their
officers, employees, and licensors, and hold them harmless from
any and all claims and expenses, including attorney's fees,
arising from your use of the Naked Girls Radio web site, your use
of the Products and Services, your sale of goods and services
through a link from your Artist Page or otherwise, or your
submission of ideas and/or related materials to NGR, Inc. or from
any person's use of any account or password you maintain with
Naked Girls Radio, regardless of whether such use is authorized
by you. By using Naked Girls Radio, using the Products and
Services, or submitting any ideas and/or related materials to
NGR, Inc. you are hereby agreeing to release NGR, Inc. and its
parents, subsidiaries, affiliates, officers, employees, and
licensors from any and all claims, demands, debts, obligations,
damages (actual or consequential), costs, and expenses of any
kind or nature whatsoever, whether known or unknown, suspected or
unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes and/or
to the Products and Services or to any disputes regarding use of
ideas and/or related materials submitted to NGR, Inc. YOU HEREBY
AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH
RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE
PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
11. INTELLECTUAL PROPERTY DISPUTES It is the policy of NGR, Inc.
to respond expeditiously to claims of intellectual property
infringement. NGR, Inc. will promptly process and investigate
notices of alleged infringement and will take appropriate actions
under the Digital Millennium Copyright Act ("DMCA") and other
applicable intellectual property laws. Upon receipt of notices
complying or substantially complying with the DMCA, NAked Girls
Radio will act expeditiously to remove or disable access to any
material claimed to be infringing or claimed to be the subject of
infringing activity and will act expeditiously to remove or
disable access to any reference or link to material or activity
that is claimed to be infringing. Naked Girls Radio will
terminate access for Users who are repeat infringers. Please see
the General Terms of Use for more information.
12. IDEA SUBMISSION Naked Girls Radio is always improving its
Products and Services and developing new features. If you have
ideas regarding improvements or additions to Naked Girls Radio,
we would like to hear them -- but any submission will be subject
to the General Terms of Use. UNDER NO CIRCUMSTANCES SHALL ANY
DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO NAKED GIRLS RADIO
BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF
COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL
TO NGR, INC. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE
IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND
WARRANTING TO NGR, INC. THAT THE IDEA AND/OR RELATED MATERIALS
ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN
THE IDEA AND/OR MATERIALS AND THAT NAKED GIRLS RADIO IS FREE TO
IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS
PROVIDED OR AS MODIFIED BY NGR, INC. WITHOUT OBTAINING PERMISSION
OR LICENSE FROM ANY THIRD PARTY.