SEVENCITY ENTERTAINMENT TERMS AND CONDITIONS
The following terms and conditions (the "Terms and Conditions") govern your use of SevenCity Entertainment websites which consist of the companies listed at http://sevencity.co/entities as well as a multitude of artists websites that are signed to SevenCity Entertainment and their domain names (collectively, the "Site"). The Site is made available by SevenCity Entertainment LLC and its affiliates (collectively, "7City Ent." or "we" or "us"). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.
BY ACCESSING AND/OR USING THE SITE, INCLUDING (BUT NOT LIMITED TO) INTERACTING WITH THE SITE OR SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TO ABIDE BY ALL RULES, TERMS, CONDITIONS, RESTRICTIONS, AND NOTICES IN THE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
I. Proprietary Rights. As between you and 7City Ent., 7City Ent. owns, solely and exclusively, all rights, title, and interest in and to the Site, all the content (including audio, photographs, graphics, video, lyrics, etc.) materials on the Site, including but not limited to any copyrights, trademark, patent, other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data, or materials you may access on the Site. You may view the content on the Site on your compatible devices, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the explicit prior permission of 7City Ent. or the applicable rights holder. (The Site may contain some features that enable you to obtain rights to use certain of the content on the Site, such as lyrics, music, photographs, and the like. In such situations, your rights to use such content are limited to the rights expressly granted by 7City Ent. in such situations.) You may not otherwise copy, reproduce, distribute, or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. 7City Ent. will enforce its intellectual property rights to the fullest extent of the law.
II. Trademarks. The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of 7City Ent. and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by 7City Ent. that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the explicit permission of 7City Ent. or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. 7City Ent. will aggressively enforce its Trademark rights to the fullest extent of the law.
III. User Conduct. You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Although 7City Ent. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, 7City Ent. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third-party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.
You agree to defend, indemnify and hold 7City Ent. and its directors, officers, employees, agents or content or service providers (collectively, "Protected Entities") harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. 7City Ent. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with 7City Ent.'s defense of such claim.
IV. Ordering Products and Services. We may make certain products available to visitors and registrants of the Site. For example, you may be able to order certain music-related products and/or licenses through the Site. You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay-in-full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to 7City Ent. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
V. Third-Party Websites. You may be able to link from the Site to third party websites ("Linked Sites"). For example, you may purchase products, some of which may be 7City Ent. products, on or through Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.
VI. Applicable Laws. We control and operate the Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
VII. Modifications to the Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
VIII. Notices and Contact Information. All notices required or permitted to be given under these Terms and Conditions must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier services which regularly tracks its packages, to:
c/o Suite 000
_____ _____ Street
Pittsburgh, PA _____
IX Dispute Resolution. You and 7City Ent. agree to arbitrate all disputes between you and 7City Ent. or its affiliates, except for disputes relating to the enforcement of 7City Ent.'s or its affiliate's intellectual property. The Terms and Conditions are solely governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and 7City Ent. relating to the Sites must be resolved exclusively through binding non-appearance-based arbitration via email or in small claims court in Pittsburgh, Pennsylvania, U.S.A., or in your county of residence if your claims qualify. In the event of a dispute, you or 7City Ent. must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and relief requested. You may initiate proceedings by sending Us a Notice of Legal Dispute, to the address listed in the "Notices and Contact Information" above.
We will send any notice of the dispute to you at the contact information we have for you.
You and 7City Ent. agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and 7City Ent. do not resolve the dispute in such a 60 day time period, then you or 7City Ent. may commence arbitration. You and 7City Ent. agree that a dispute will be heard before single a neutral arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. You and 7City Ent. agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in Allegany County, Pennsylvania, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
X Miscellaneous. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.