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Terms Of Use

RiPPYFeST.com is an online service designed to promote independent music, art and creative expression. This service is operated by RiPPYFiSH Records, LLC (“RiPPYFiSH”). By using the RiPPYFeST website (the “Website”) you agree to be bound by these Terms of Use (the “Agreement”) whether you register as a member (“Member”) or not. If you wish to become a Member, vote, communicate with other members, and make use of the RiPPYFeST.com service (the “Service”), read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service.  We reserve the right to modify this Agreement at any time and without prior notice. Such modifications will be effective upon posting by RiPPYFiSH on the Website. We also reserve the right to modify or terminate the Service for any reason, and without notice, without liability to you, any other Member, or any third party.

1. Eligibility. Membership in the Service is void where prohibited. You must be eighteen of over to use this Website. By using the Service, you represent and warrant that you are eighteen or older, and that you have the capacity to understand, agree to, and comply with this Agreement and to abide by all of the terms and conditions of this Agreement. You further represent and warrant that all information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.

2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Account page. RiPPYFiSH may terminate your membership immediately for any reason, at any time. Once your membership terminates, you will have no right to use the Service. Even after membership is terminated, this Agreement will remain in effect and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other miscellaneous provisions shall survive.

3. Non-Commercial Use by Members. This Website is for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of the Service. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Passwords and names, photos, links, and Website contents are not to be transferred or copied from the Website for use with any other product or service. RiPPYFiSH will take appropriate legal action for any illegal or unauthorized use of the Website.

4. Proprietary Rights in Content on the Website. RiPPYFiSH owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of RiPPYFiSH and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Website. 
a. You understand and agree that RiPPYFiSH may review and delete any content, messages, photos, or profiles (collectively, “Content”) that in the sole judgment of RiPPYFiSH violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, “Post”) on the Service, or transmit to other Members.
c. By Posting any Content to the public areas of the Website, you herby grant to RiPPYFiSH the non-exclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate such Content on the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content you post on the Website. 
d. The following is a partial list of the kind of Content that is illegal of prohibited on the Website. RiPPYFiSH reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes content that:
i. is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 
ii. harasses or advocates harassment of another person; 
iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; 
iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 
v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 
vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 
vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; 
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or 
x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; 
(xi) for band profiles, uses unfair, misleading or deceptive content intended to draw traffic to the profile.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations. 
f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. 
g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services, except those specifically endorsed or approved by the management of the Service, through the Service. You may not transmit any chain letters or junk email, even for those products or services endorsed or approved by the management of the Service, to other Members. Although RiPPYFiSH cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, RiPPYFiSH reserves the right to restrict the number of emails, which a Member may send to other Members in any 24-hour period to a number which RiPPYFiSH, deems appropriate in its sole discretion.
h. You may not cover or obscure the banner advertisements on your personal profile page, or any Website page via HTML/CSS or any other means. 
i. Any automated use of the system, such as using scripts to create user accounts, is prohibited. 
j. You may not attempt to impersonate another user or person who is not a member of the Service.
k. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. 
l. You may not sell or otherwise transfer your profile.

6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. RiPPYFiSH will terminate the account of any Member who repeatedly or deliberately infringes copyright. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. RiPPYFiSH’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, RiPPYFiSH Records, LLC, 1800 S. West Temple, Suite 317, Salt Lake City, UT 84115.

7. Member Disputes. You are solely responsible for your interactions with other Members. RiPPYFiSH reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Privacy. Our Privacy Policy also governs use of the Website and/or the Service.

9. Disclaimers. RiPPYFiSH is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. RiPPYFiSH is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. RiPPYFiSH assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. RiPPYFiSH is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members, or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall RiPPYFiSH be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and RiPPYFiSH expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RiPPYFiSH cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The Service may be temporarily unavailable from time to time for maintenance or other reason. No advice or information, whether oral or written, obtained by user from RiPPYFiSH or through or from the service shall create any warranty not expressly stated herein.

10. Limitation on Liability. IN NO EVENT SHALL RiPPYFiSH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF RiPPYFiSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RiPPYFiSH’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO RiPPYFiSH FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

11. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Utah without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Utah, City of Salt Lake.

12. Indemnity. You agree to indemnify and hold RiPPYFiSH, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13. Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and RiPPYFiSH regarding the use of the Website and/or the Service. The failure of RiPPYFiSH to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. RiPPYFeST is a trademark of RiPPYFiSH Records, LLC. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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Terms Of Use

It's Quick! It's Free!
And we will not sell your information. Ever.