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Terms and Conditions of Use

We have launched this web site and put it out there with intention of connecting artists and venues and the industry. We would love for this to result in blossoming careers, live music for all and bags and bags of money for Artists, venues, festivals and everyone involved. Unfortunatly not everyone operates from the same place and we need to protect the livelihoods of everyone involved . This document is meant to protect everyone involved (yes this means us) but, this also means you.

We know that most people just scroll through these and never read them, but maybe, just once, you should. Hey, if you are an artist posting music on sites, don’t just trust that people have your best interests in mind. Ask yourself carefully do I want my image and music on a diaper ad, or a dating service, or anything else. This site is created to get your music out to a wide audience and to help you connect with venues. Know your rights protect yourself and your music.. read on…

 

Underground Arts Railroad conditions Terms and Conditions of use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

1. Acceptance of Terms of Use and Amendments

The UndergroundArtsRailroad.com web site (referred herein as the “Web Site” or “UndergroundArtsRailroad.com” or “ UAR”) is provided by Words End Enterprises Inc. 

Each time you use or cause access to this web site, you are deemed to have agreed to these terms and conditions of use. UAR may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on www.undergroundartsrailroad.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.

2. Underground Arts Railroad is powered and partially built by its users contributions. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, the UAR reserves the right to terminate your subscription without reimbursement  and refuse any and all current or future use of the Services.

3. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may  inadvertently expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

4. As a user you must also agree NOT to use the Web Site or Services to do the following.

  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
  • "Stalk" another;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, an Underground official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Impersonate an artist and represent yourself as them including posting content and or booking shows:
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
  • Act in a manner that negatively affects other users' ability to engage in the Web Site or Services;
  • Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  • Intentionally or unintentionally violate any applicable provincial, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

5. In order to have access to creating a profile, you need to create a username and password. You agree to be responsible for this password, and to release, indemnify and to NOT hold the UAR, and its officers, directors, employees, agents, licensors, and suppliers, responsible  from  any unauthorized use of your login name or password

Copyright Issues.

1.You agree that you hold the copyright to all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials that you upload onto our site.

 2.Submission of Content on this Web Site
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, promote, archive, translate, and offer for stream and/or download uploaded media, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in (a)
(c) you acknowledge and agree that we shall have the right (but not obligation), at our sole discretion, to refuse to publish or to remove for reason, with or without notice any content that violates our terms.

3.Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by the UAR (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by the UAR.

Logos Featured on the Site

The UAR  displays the logos of many businesses, logos which the UAR does not own or have license to. These logos are protected by copyright and/or trademark. It is believed that the use of low-resolution images of logos to illustrate an organization, event, or item on the UAR is considered fair dealing under the Canadian Copyright Act. Any other uses of these images, on The UAR, or otherwise, may constitute copyright infringement.
Use of the logos here does not imply endorsement of the organization by The UAR

Reporting of Copyright infringement

We respect the intellectual property rights of others, and require that the people who use www.theundergroundartsrailroad.com  Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information  to us at

 copyright@undergroundartsrailroad.com

 

  • Your username, address, telephone number, and e-mail address;
  • A description of the copyrighted work that you claim has been infringed;
  •  A description of where the alleged infringing material is located;
  •  A 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;

Privacy Policy

At the UAR we respect your privacy. We allow you to chose what you want to  display for contact info in your profile. You have control and you may  reveal as much or a little as you want to display on the site. As far as our data goes we WILL NOT sell, share, disclose in any form, any of your personal information to any outside source, for any reason. We do use your email address internally to send you a bi-weekly e-zine, but you also have the option of turning off this function.

 

External Links

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.

 

Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties.

YOUR USE AND BROWSING OF THIS SITE IS AT YOUR RISK. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT INVESTIGATION OF THE USERS OF THIS SITE BEFORE ENTERING INTO ANY TRANSACTION WITH SUCH PERSONS. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY FINANCIAL OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER OF THE SITE.

Monitoring of Information

The UAR  is committed to maintaining a positive and safe online community. We reserve the right to, but are not required to, monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

We have a flagging system on the site which allows anyone to flag inappropriate content, such flags are delivered to our administration and reviewed daily.

Limitation of Liability

NEITHER The UAR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
" ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;
" ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR
" ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.