ArtistLink Terms of Use

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Welcome to Artistlink. Please read on to learn the rules and restrictions that govern your use of the Artistlink website, products, services and applications (the “Artistlink Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us.

These Terms of Use (the “Terms”) are a binding contract between you and Topspin Media, Inc. (“Topspin,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Artistlink Services. Your using the Artistlink Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Artistlink Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

The Artistlink Services offer separate features from the Topspin Platform. By using the Topspin Platform, you are not required to use the Artistlink Services, and vice versa. To learn more about the Topspin Platform, please visit the Artist Terms of Use and Fan Terms of Use that explain the Topspin Platform.

Promo Exchange is a feature of the Artistlink Services that helps you promote your music, art, movies, and other creative content. Promo Exchange allows you to earn ad impressions by permitting Topspin to place relevant ads from other artists on your Topspin-hosted sites. By signing up for an account on the Topspin Platform or through the Artistlink Services, you are not required to participate in Promo Exchange. You may opt out at any time by visiting your account ads settings and unchecking the Promo Exchange box. This will mean no ads are shown on your pages and your ads will not be shown around the network..

Will these Terms ever change?

We are constantly trying to improve our Artistlink Services, so these Terms may need to change along with the Artistlink Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Artistlink website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Artistlink Services. If you use the Artistlink Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Topspin takes the privacy of its users very seriously. Please read through the Topspin Privacy Policy for further information.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Artistlink Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.

What are the basics of using Artistlink?

You may be required to sign up for an account, and select a password and user name (“Artistlink User ID”). In some cases, you must log in with an existing Facebook or Twitter account to create an Artistlink User ID. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Artistlink User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Artistlink Services and gotten your parent or guardian to agree to these Terms on your behalf).

Except as provided below, you will only use the Artistlink Services for your own, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If you have the express authorization from a third party to do so, you may use the Artistlink Services on behalf of such third party, in which case you represent and warrant that you have all rights and authorizations from such third party that are necessary for you to use the Artistlink Services on their behalf. If your use of the Artistlink Services is prohibited by applicable laws, then you aren’t authorized to use the Artistlink Services. We can’t and won’t be responsible for your using the Artistlink Services in a way that breaks the law.

You must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Artistlink Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Artistlink Services or interact with the Artistlink Services in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Topspin);

(b) Violates any law or regulation;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your Topspin account or anyone else’s (such as allowing someone else to log in to the Artistlink Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Artistlink Services, or any processes that run or are activated while you are not logged into the Artistlink Services, or that otherwise interfere with the proper working of the Artistlink Services (including by placing an unreasonable load on the Artistlink Services’ infrastructure);

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Artistlink Services or Content (through use of manual or automated means);

(i) Copies or stores any significant portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Artistlink Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Artistlink Services.

What are my rights in Artistlink?

The materials displayed or performed or available on or through the Artistlink Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Artistlink Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Topspin’s) rights.

You understand that Topspin owns the Artistlink Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Artistlink Services.

The Artistlink Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to Topspin or to other users?

Anything you post, upload, share, store, or otherwise provide through the Artistlink Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Artistlink Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Topspin will not have any ownership rights in your User Submissions, however, Topspin needs the following licenses to perform the Artistlink Services. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Topspin a license to use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute, and otherwise exploit (each of the foregoing, collectively, “Host”), translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Artistlink Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal Topspin account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Topspin the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Artistlink Services necessary to do so.

If you share a User Submission publicly on the Artistlink Services and/or in a manner that more than just you can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Artistlink Services (each of the foregoing, a “Public User Submission”), then you grant Topspin the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Topspin users and providing the Artistlink Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Artistlink Services. Also, you grant all other users of the Artistlink Services a license to access that Public User Submission, and to use, download, and exercise the limited rights granted to such Public User Submissions, as permitted by the functionality of the Artistlink Services.

To enable Topspin to Host your User Submissions pursuant to the above provisions, you hereby grant to Topspin the worldwide, non-exclusive, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Artistlink Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Topspin Artistlink account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Topspin’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that Topspin, in performing the required technical steps to provide the Artistlink Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

How am I responsible for my User Submissions?

You are entirely responsible for all of your User Submissions and Trademarks (collectively, “User IP”). By uploading any User IP to the Services:

(a) you represent and warrant, and can demonstrate to Topspin’s full satisfaction upon request, that (i) you own or otherwise control all rights to all content in such User IP, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in such User IP, (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the User IP, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the User IP) as contemplated by these Terms, and (iv) you are authorized to grant all of the aforementioned rights to the User IP to Topspin and all users of the Artistlink Services.

(b) you represent and warrant that the use or other exploitation of such User IP by Topspin and/or by users of the Artistlink Services as contemplated by these Terms will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

What if I see something on the Artistlink Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Topspin, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; you can review our complete Copyright Dispute Policy [insert link] to learn how to report potentially infringing content, or please contact us for further information.

Who is responsible for what I see and do on the Artistlink Services?

Any information or content publicly posted or privately transmitted through the Artistlink Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Artistlink Services. We can’t guarantee the identity of any users with whom you interact in using the Artistlink Services and are not responsible for which users gain access to the Artistlink Services.

You are responsible for all Content you contribute, in any manner, to the Artistlink Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Artistlink Services.

The Artistlink Services may contain links or connections to third party websites or services that are not owned or controlled by Topspin. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Topspin is not responsible for such risks. We encourage you to be aware when you leave the Artistlink Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Topspin has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Artistlink Services. In addition, Topspin will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Artistlink Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Artistlink Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Topspin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Topspin is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Topspin, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Artistlink Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Will Topspin ever change these Artistlink Services?

We’re always trying to improve these Artistlink Services, so they may change over time. We may suspend or discontinue any part of the Artistlink Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Artistlink Services. We’ll try to give you notice when we make a material change to the Artistlink Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Artistlink Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does Artistlink cost anything?

Access to the basic Artistlink Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. You may be required to pay a subscription fee in order to take advantage of some premium features of the Artistlink Services. All amounts paid are non-refundable, except where and to the extent required by law.

What if I want to stop using Artistlink?

You’re free to do that at any time, by contacting us; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Artistlink Services.

Topspin is also free to terminate (or suspend access to) your use of the Artistlink Services or your account, for any reason in our discretion, including your breach of these Terms. Topspin has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your Artistlink account so that you are able to retrieve any important User Submissions you may have stored in your Artistlink account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Topspin.

If you have deleted your account by mistake, contact us – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know?

Warranty Disclaimer. Topspin does not make any representations or warranties concerning any content contained in or accessed through the Artistlink Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Artistlink Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Artistlink Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Artistlink Services are provided “AS IS” and without any warranty of any kind from Topspin or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE ARTISTLINK SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE ARTISTLINK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, TOPSPIN DOES NOT WARRANT RESULTS OF USE OR THAT THE ARTISTLINK SERVICES ARE BUG FREE OR THAT USE OF THE ARTISTLINK SERVICES WILL BE UNINTERRUPTED.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TOPSPIN BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO TOPSPIN IN CONNECTION WITH THE ARTISTLINK SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Topspin, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Artistlink Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Artistlink Services account, in any way (by operation of law or otherwise) without Topspin’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Artistlink Services, provided that Topspin may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Topspin agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Topspin with regard to the Artistlink Services, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the Artistlink Services, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Topspin in any respect whatsoever. You and Topspin agree there are no third party beneficiaries intended under these Terms.