1.1 Age Requirement; Authority. In order to use the Site, you represent that (i) you have read and understood, and that you agree to be bound by, this Agreement, and (ii) you are at least 13 years old. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not access or use the Site.
1.3 Account Confidentiality. You agree that you will not allow others to use any element of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your Account Information. You agree to notify us immediately of any unauthorized use of your password and/or Account Information. SmallsLIVE will not be responsible for any losses arising out of the unauthorized use of your member or user name, password and/or other Account Information, and you agree to indemnify and hold harmless SmallsLIVE, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
2.2 Updates. SmallsLIVE may from time to time make available to all users of the SmallsLIVE Site, updates at no cost or subject to additional fees in SmallsLIVE sole discretion. "Updates" means any updates, upgrades or error corrections to the Site that SmallsLIVE makes available generally to users of the Site. Notwithstanding anything else contained in this Agreement, SmallsLIVE will have no obligation to continue producing or releasing new versions of the SmallsLIVE Site or any updates thereto.
SmallsLIVE grants to you a limited, non-exclusive, non-transferable license to access and use the Site for personal non-commercial purposes only. Any violation by you of the license provisions contained in this Section 3 may result in the immediate termination of your right to use the Site. SmallsLIVE reserves all right, title and interest not expressly granted under this Agreement to the fullest extent possible under applicable laws. ANY USE OF THE SMALLSLIVE SITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
4.1 Fees. If you decide to become a subscriber (“Subscriber"), you shall gain access (“Access”) to (i) the SmallsLIVE archive of recordings (the “Archive"), and (ii) SmallsLIVE video simulcast (“Video”) of live performances. This license is contingent upon your payment of the subscription fee and your compliance with any other Terms and Conditions of this Agreement as a user of the site as well as a Subscriber. Access as used herein shall mean the right to listen to any recording in the SmallsLIVE Archive and the right to watch any Video. Payments of the Subscription Fee shall be made in accordance with any times and payment methods designated by SmallsLIVE.
4.2 Downloading. You shall have a right to download for personal non-commercial use any recording that SmallsLIVE designates may be downloaded for a fee to be set by SmallsLIVE. Payments for downloads shall be made in accordance with any payment methods designated by SmallsLIVE.
4.3 Subscription Term. Your Subscription shall remain effective from month to month contingent upon your payment of the Subscription Fee.
4.4 Changes. SmallsLIVE reserves the right to makes changes in the terms applying to the Subscription at any time, including the Subscription Fee, upon notice to Subscribers.
4.5 Registration. You shall provide any information that may be required from time to time as set forth in the Site including your name, user name, password and email address and other information as we may require.
You agree that you will not:
5.1 use the SmallsLIVE Site to reproduce copyrighted materials except as authorized in Section 4 above;
5.2 edit, change, prepare any derivative work of, or alter in any way, any of the music in the Site;
5.3 make the Site available over a network (other than our network) where it could be used by others;
5.4 provide your password, if any, to any other person;
5.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Site or any portion of the Site;
5.6 circumvent any technology used by us or our licensors to protect content accessible via the Site;
5.7 rent, lease or sublicense any of the content in the Site; or
5.8 use the Site in any way that violates the terms of this Agreement.
As between you and SmallsLIVE, you acknowledge that SmallsLIVE owns or has a license to use all titles and copyrights in the Site. All title and intellectual property rights in and to the licensed content in the SmallsLIVE Site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
The following are registered trademarks or trademarks of SmallsLIVE: “SmallsLIVE”, and any of its design logos, as well as certain other SmallsLIVE trademarks, service marks, and graphics (collectively, the "SmallsLIVE Trademarks") used in connection with SmallsLIVE. The Site may also contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to SmallsLIVE Trademarks or the trademarks of any third party.
SmallsLIVE uses technology to protect the digital information provided by us from unauthorized use. Your use of the SmallsLIVE Site may be limited by such technology. You acknowledge that, from time to time, SmallsLIVE may modify or discontinue using such technology. Security modifications made by SmallsLIVE may from time to time include required updates to the SmallsLIVE Site. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
This Agreement will remain effective as long as you use the site or until terminated by us for any reason in our discretion. Sections 6-9 and 11-14 will survive termination and continue in effect.
11.1 THE SMALLSLIVE SITE (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE SITE WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMALLSLIVE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SMALLSLIVE MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SMALLSLIVE DISCLAIMS ANY LIABILITY RELATING THERETO.
11.2 SMALLSLIVE MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE SMALLSLIVE SITE WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SMALLSLIVE MAY MODIFY, SUSPEND, OR DISCONTINUE THE SITE (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER SMALLSLIVE ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE SITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
11.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. SMALLSLIVE DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
11.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE SITE. SMALLSLIVE WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
11.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT SMALLSLIVE ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
12.1 IN NO EVENT WILL SMALLSLIVE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF SMALLSLIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SMALLSLIVE OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
12.2 SMALLSLIVE ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE ACTUAL AMOUNT PAID BY YOU AS A SUBSCRIBER.
YOU WILL INDEMNIFY AND HOLD SMALLSLIVE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE SITE.
14.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the Site.
14.2 SmallsLIVE or its business partners may present advertisements or promotional materials via the Site. Your dealings with, or participation in promotions of any third-party advertisers via the SmallsLIVE Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that SmallsLIVE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the SmallsLIVE Site.
14.3 The SmallsLIVE Site may present links to third-party websites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
14.4 The SmallsLIVE Site is owned or licensed by SmallsLIVE and is protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
14.5 This Agreement will be governed by the laws of the State of New York applying to contracts made and to be performed in New York. The exclusive jurisdiction for any claim, action or dispute with SmallsLIVE or relating in any way to your use of the Site will be in the state and federal courts of the State of New York.
14.7 SmallsLIVE may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by SmallsLIVE in its sole discretion. SmallsLIVE reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.