Terms Of Use

Creative Arts Advocate (“CAA”) Terms of Use Effective As Of 1/1/2017.

I. General Rules
Creative Arts Advocate requires that all users, including contributors, to its internet site (“Website”) adhere to the following Terms of Use. By accessing or using this Website, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use or contribute to the Website.

Creative Arts Advocate reserves the right to change these Terms of Use at its sole discretion and at any time without personal notice to you. If Creative Arts Advocate makes a material change to these Terms of Use, we will update this page and post a notice on the Websites’ homepage for a reasonable period of time, and will indicate the effective date of the changes at the top of both pages. Your continued use of the Website constitutes your acceptance of any changes.

II. Intellectual Property

A. Ownership
All trademarks and logos, are proprietary to Creative Arts Advocate unless otherwise noted and are protected by applicable intellectual property and other laws.

The use, copying, sale, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any of the contents of the Website, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. Subject to your compliance with these Terms of Use, Creative Arts Advocate grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:

  1. listen to music and view videos streamed from the Website;
  2. embed and display the contents of the Website on your own personal website or other non-commercial external websites so long as the site references Creative Arts Advocate; and
  3. download the contents of the Website onto a computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein.

B. User Uploaded Information
CAA may allow you to upload or submit information, software, text, images, audio, video, and other materials to, through or on the Websites (“User Uploaded Information”).

When you upload User Uploaded Information via the website, you grant to CAA, without any compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, display, copy, reproduce, disclose, and translate, any User Uploaded Information, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind for any purposes whatsoever.

  1. Contributors are considered independent contractors for the purposes of this agreement. Your agreement to provide contributions to CAA shall not be interpreted as to create an association, agency, joint venture, partnership or employer–employee relationship.
  2. You shall be solely responsible for your own submissions and the consequences of posting and publishing them. In connection with each of your submissions, you affirm, represent and/or warrant that: Each contribution (i) is original, (ii) does not defame or disparage any person or entity or infringe upon or violate the intellectual property rights, rights of privacy, or any other rights of any person or entity; and (iii) each of your contributions and any material you submit will be based upon your personal research and informed understanding of the subject matter after thorough investigation and is not misleading or deceptive in any material respect; and (iv) if you learn of any claims alleging that any contribution infringes any third party’s rights or is unlawful, you will immediately notify us. We reserve the right to remove or not publish submissions without prior notice.
  3. You grant CAA the right to use your name, likeness, information about you, and the logo of your web site, if applicable, in connection with the posts.
  4. Without further obligation to you, we may use, reproduce, edit, change, add to, take from translate, reformat, or reprocess the contribution in any manner. We also have the right, without liability to you, to use any ideas, suggestions, or questions provided by you to us.
  5. We grant you a royalty-free, limited, nonexclusive, non-licensable license to the contributions for performance, distribution, and display on your personal or business website so long as CAA receives attribution.

III. Restrictions on Use
The Website is provided for lawful purposes only. By accessing or using the Website, you agree and warrant that in connection with your use of the Website you will not:

  • alter any trademark, copyright and other proprietary or legal notices contained in the Website; or
  • copy or seek to copy or “rip” any audio and/or audiovisual content from the Website; or
  • exploit any part of the Website for commercial gain

IV. Third Party Content and Linked Sites
Third parties provide some of the contents of the Website. CAA makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing.

The Website may include links to other sites that are not maintained by CAA. CAA is not responsible for the content of those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Website, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. CAA shall have no liability for any loss or damage arising from your use of any such site.

V. Disclaimer; Restriction of Liability
By using the Website, you agree that the information on it does not constitute legal or other professional advice and that you will not rely on the information for that purpose. For legal assistance, contact an attorney who is licensed to practice in your jurisdiction.

 

VI. Disputes

The Parties will attempt in good faith to resolve any Disputes, controversies, or claims promptly by negotiations. Any Disputes, including the determination of the scope or applicability of this agreement to arbitrate, which are not resolved amicably within 90 (ninety) days shall then, upon written notice to the other Party, be resolved by binding arbitration in New York. Judgment on the award may be entered in any court having jurisdiction.

VII. Enforceability

If any provision of these Terms of Use is held to be unenforceable: (a) the enforceability of the remaining provisions of these terms will not be affected; and (b) the unenforceable provisions will be replaced with valid provisions the effect of which comes as close as possible to that of the unenforceable provisions.

VIII. No Waivers

A party does not waive any right under these Terms of Use by failing to insist on compliance with any of the terms or by failing to exercise any right hereunder.

IX. Notices

All notices under these Terms of Use must be in writing and will be considered delivered if sent via confirmed e-mail to an address provided by the recipient party to the sending party, or by overnight delivery service, or hand delivery to a provided address.