Specializing in
International Record Licensing!
*** IMPORTANT ***
USER
AGREEMENT
Terms and Conditions
By submitting your payment, you, the User,
are agreeing to the following terms and
conditions for the use of our Services and
websites.
The goal of johnnyrock.com is to ensure timely
processing of any services provided to you;
however, we do not guarantee that your
submission will be processed within the
expected timeframe. You will indemnify us and
hold us harmless for any liability on the use
of our Services as a result of service outages
that are caused by use and maintenance on the
servers or technology that underlies the
Service, any failures on the part of our
service providers (including
telecommunications, hosting and power
providers), computer viruses, natural
disasters or other destruction or damage of
our facilities by any force of nature or third
party, civil disturbance, war, acts of God,
force majeure or any other cause or failure
beyond our reasonable control.
We reserve the right, in our sole discretion,
to modify these Terms and Service fees, if
any, at any time, effective fifteen (15) days
from the date we post notice of new modified
Terms on the Service website. If any part of
these new Terms or any future modifications to
these Terms are not acceptable to you, you may
cancel your Service with us by contacting us
through our support form on our website or via
e-mail within those 15 days. Otherwise, your
continued use of the Service and out website
constitutes your binding acceptance of these
Terms, including any changes or modifications
that we may make. We may change, suspend or
discontinue all or any aspect of the Service
at any time, including the availability of any
Service feature, database, or content, without
prior notice or liability, although we will
strive to give 15-day notice of any such
change.
Although we reserve the right, in our sole
discretion, to restrict, suspend or terminate
your access to all or to any part of the
Service at any time for any reason without
prior notice or liability, please be advised
that usual grounds for such termination may
be, without limitation, any illegal, profane,
deliberately malicious, offensive,
discriminatory or derogatory acts or conduct
by you. We further reserve the right to
remove any material that you submit to the
Service for any reason without prior notice to
you and without liability to us, although we
will make our best efforts to notify you
beforehand of our reasons so that you may
choose to modify your material to an
acceptable content.
Your content
(1) By submitting material to the Service,
you represent and warrant that: IRL Music
Consultants is not responsible for any illegal
use of the material posted on this site. This
site is meant to shop artists material to
Record Labels, Publishers and Business
associates worldwide. We are not responsible
for any downloads or illegal use of the
artists music. If you prefer you can upload
low resolution SoundBits or segments of your
music.
(2)
That you are at least eighteen (18)
years of age, have full right, authority and
power to enter into this Agreement with
respect to the materials you submit, to
perform under these Terms and Conditions, and
have secured any and all third-party consents,
licenses and permissions necessary to do so;
(3)
That the materials you submit to our
Service and websites do not contain "samples"
or portions of any third party's sound
recording or musical composition that would
infringe on any third party's copyright,
patent, trademark, trade secret or other
proprietary rights, rights of publicity or
privacy or moral rights;
(4)
That the materials that you submit is
not and will not violate any law, statute,
ordinance or regulation; and
(5)
That the materials you submit are not
and will not be defamatory, discriminatory,
trade libelous, pornographic or obscene.
By submitting sound recordings, musical
compositions or other audio and/or
audio-visual content to us, you grant us, our
affiliates and our business partners a
worldwide, royalty-free, nonexclusive license,
as follows:
-
publicly display, broadcast,
transmit, in whole or in part, alone
or in compilation with content provided by
third parties, through any medium now known
or hereafter devised for the purpose of
demonstrating, promoting or distributing
your material;
-
To users seeking to download or otherwise
acquire it and/or store the work in a remote
database accessible by users;
-
To make your material accessible as audio
streams; and
-
To use any trademarks, service marks or trade
names incorporated into your material and
use the likeness of any individual whose
performance or image is contained in your
material.
Protect Your Password and Subscription
You declare under penalty of perjury to
provide true, accurate, current and complete
information about yourself as requested in the
Service's registration process and to update
your information. Any falsification of such
information may result in your immediate
termination from the Service. You should not
reveal your subscription password to anyone
else and you cannot use anyone else's
password. You are responsible for maintaining
the confidentiality of your personal
subscription account and password and will not
hold us responsible or liable for same.
Unauthorized access to the Service is a
breach of these Terms and Conditions and a
violation of the law and will also result in
your immediate termination from the Service.
Unauthorized Access and Copying of Your
Material
If you believe that any of the material you
own that has been provided to the Service has
been copied and made accessible in a manner
that violates your intellectual property
rights, please contact us immediately. We
will consider such requests individually and
assist in any manner whatsoever. In
connection therewith, you will not hold us
responsible or liable for any of these
unauthorized acts by third parties, and hereby
indemnify us and hold us harmless for any such
acts and conduct by unauthorized third
parties.
Third Party Sites and Content
This Service contains links to other Internet
sites that our business partners and other
related third parties own or operate. Your use
of each of those sites is subject to the terms
and conditions, if any, that each of those
sites have posted or require. We have no
control over these third party sites and are
not responsible therefore; should you elect to
use these third party services, we are not
responsible or liable for your usage thereon
or the content therein. Our inclusion of any
third party material in the Service's search
database or a link to them on our Site is not
an endorsement of that material or link or the
companies that own or operate that material or
linked sites.
Your Conduct on the Service
In addition to use and availability on our
Site, certain material that you submit may, in
our sole discretion, also become available to
certain of our affiliates or business partners
(“Affiliates”) around the world. If we
discover that you have manipulated the data or
statistics for certain materials, we reserve
the right to remove the material from our site
and those of any of our Affiliates and
terminate your subscription to our Service.
The content on the Service is intended for
your personal, noncommercial use. All
materials published on the Service, including,
but not limited to, photographs, graphics,
images, illustrations, sound clips and flash
animation are protected by copyright. You may
not modify, publish, transmit, participate in
the transfer or sale of, reproduce, create new
works from, distribute, perform display or in
any way exploit any of the materials or
content on the Service or the Service itself,
in whole or part.
If the Service contains bulletin board
services, chat areas, news groups, forums,
communities and/or message or communication
facilities (collectively, the "Forums"), you
agree to use any Forum only to send and
receive messages and materials that are proper
and related to that particular Forum. Without
limiting the foregoing, you further agree that
you will not (i) defame, abuse, harass, stalk,
threaten or otherwise violate the legal right
of others; (ii) publish, post, upload,
distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or
information; (iii) upload files that contain
viruses, corrupted files, or any other similar
software or programs that may damage the
operation of another person's computer or any
website; (iv) advertise or offer to sell any
goods or services for any commercial purpose;
(v) conduct or forward surveys, contests,
pyramid schemes or chain letters; (vi)
download any file posted by another user of a
Forum that you know or reasonably should know,
cannot be legally distributed in such matter,
(vii) falsify or delete any author
attributions, legal or other proper notices or
proprietary designations or labels of the
origin or source of software or other material
contained in a file that is uploaded; or
(viii) restrict or inhibit any other User from
using and enjoying the Forums. We reserve the
right to terminate your access to any or all
of the Forums at any time, without notice for
any reason whatsoever, although we will
endeavor to notify you of the reasons for such
action. If, in our sole discretion, you
choose a username that is obscene, indecent,
abusive or which might otherwise subject our
site to public disparagement or scorn, we
reserve the right, without prior notice to
you, to automatically change your username,
delete your posts from the Forums, deny you
access to the Forums, or any combination of
these options. If you continue to choose
usernames that we find objectionable, we
reserve the right to permanently terminate
your access to the Forums, the Service or
both.
You will not use the Service for any illegal
purposes. Use of the Service is subject to
existing laws and legal process, and nothing
contained herein shall limit our right to
comply with governmental, judicial and law
enforcement requests or requirements relating
to your use of the Service or information
provided to or gathered by us with respect to
such use.
Legal Policies and Notices
You hereby agree to indemnify, defend and hold
the Service, and all of our officers,
directors, owners, agents, representatives,
information providers, affiliates and
licensors (collectively, the "Service
Parties") harmless from and against any and
all liability, losses, costs and expenses
(including attorneys' fees and legal costs)
incurred by any party in connection with any
claim arising out of (1) any use or alleged
use of your account or password by any person,
whether or not authorized by you, (2) any
claim arising out of the material that you
submit to the Service, including, but not
limited to, claims for defamation, violation
of rights of publicity and/or privacy,
copyright infringement, trademark infringement
and any claim or liability relating to the
content, quality, or performance of materials
that you submit to the Service. The Service
Parties reserve the right, at our 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 our defense of such
claim.
Disclaimer
The listing, or absence of listing, of any
document in the Service's search database does
not imply any warranty or guarantee by us, for
any companies, products, or services described
in such documents. We disclaim any and all
responsibility or liability for the accuracy,
content, completeness, legality, reliability,
or operability or availability of information
or materials displayed in the Service's search
results. We disclaim any and all
responsibility for the deletion, failure to
store, mis-delivery, or untimely delivery of
any information or material connected to the
Service. We disclaim any and all
responsibility for any harm resulting from
downloading or accessing any information or
material on the World Wide Web or Internet
using search results from the Service.
WE DO NOT GUARANTEE THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, ALTHOUGH WE WILL
MAKE OUR BEST EFFORTS TO DO SO. WE FURTHER DO
NOT MAKE ANY WARRANTY AS TO ANY RESULTS
OBTAINED FROM USE OF THE SERVICE OR THE
CONTENT ON ITS SITE. THE SERVICE AND THE
CONTENT ON ITS SITE ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SERVICE, ANY
CONTENT OR ANY PRODUCTS OR SERVICES SOLD
THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT
YOU WILL ASSUME THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SERVICE AND THE
ACCURACY OR COMPLETENESS OF ITS CONTENT. WE
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND YOU AGREE
TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY
SUCH DAMAGES.
The Terms and Conditions of this Agreement are
enforceable under the laws of the State of
California and you agree to such jurisdiction
to resolve any controversies between you and
the Service Parties. You hereby agree that
any controversy or claim arising out of or
relating to these Terms and Conditions, our
Service or our website will be settled by
binding arbitration in accordance with the
commercial arbitration rules of the State of
California. Any such controversy or claim
shall be arbitrated on an individual basis,
and shall not be consolidated in any
arbitration with any claim or controversy of
any other party. The arbitration shall be
conducted by an independent private
arbitration tribunal, such as ADR Services,
JAMS/EnDispute or ARC, in the State of
California, in a county mutually agreeable to
the Parties, although the Counties of Los
Angeles and Orange are preferable, and
judgment confirming any arbitration award may
be entered and is enforceable in any court
having jurisdiction thereof within the State
of California. Any Party may also seek any
interim or preliminary injunctive relief from
a court of competent jurisdiction in the State
of California necessary to protect the rights
or property of you or the Party (or its
agents, suppliers, and subcontractors),
pending the completion of arbitration.
These Terms and Conditions constitute the
entire agreement between the Parties with
respect to the Service, and supersedes any and
all previous written or oral agreements. If
any portion of these Terms and Conditions is
determined to be invalid or unenforceable
pursuant to applicable law, then the invalid
or unenforceable provision will be deemed
superseded by a valid, enforceable provision
that most closely matches the intent of the
original provision and the remainder of the
Terms shall continue in effect.
Please
Note:
These Terms and Condition
supersede the Terms and Conditions on our "Free
Trial" logon page in which you will be directed
to for your initial sign in!
If
you have chosen to pay in installments instead
of a one time payment, then you are obligated to
the full term of payments as agreed.