Terms Of Use

World Beat Online Terms of Use This Terms of Use Agreement (the “Agreement”), as may be modified from time to time, sets forth the legally binding terms and conditions for your use of the Content and Website that are licensed, owned, or operated by Austin Fusion Music LLC., a Texas company, which operates as World Beat Online (“Wobeon”), including, without limitation, the www.wobeon.com or www.worldbeatonline.com website and domain name, and any other linked pages, features, content, or applications offered by Wobeon (collectively referred to as “the Website”). By accessing and/or using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website, including, without limitation, through a mobile or other wireless device, or otherwise use the Website without being registered) or you are a “Registered User” (which means you have registered with the Website). The term “User” refers to a Visitor or a Registered User. You are authorized to use the Website (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Registered User and/or making use of the Website, you must indicate your acceptance of this Agreement during the registration process. Acceptance of Terms Wobeon reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Website. Your continued use of the Website following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. In addition, some features of the Website may be subject to additional terms and conditions promulgated by Wobeon from time to time; your use of such features is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. If you do not agree to be bound by this Agreement and to abide by all Applicable law, you must discontinue use of the Website immediately. Eligibility Use of the Website and registration as a Registered User for the Website (Membership) is void where prohibited. By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and you represent yourself as under 18. Any termination will be effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Rules and Conduct This Agreement, and any posted revision of this Agreement, shall remain in full force and effect while you use the Website or are a Registered User. You may terminate your Membership at any time, for any reason. Wobeon may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. As a condition of use, you promise not to use the Website for any purpose that is prohibited by the Agreement. The Website (including, without limitation, any Content, or Registered User Submissions as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Website. For purposes of the Agreement, the term “Content” includes, without limitation, any information regarding advertisements, articles, artists, blog entries, book pages, cities, comments, communication between Registered Users, e-newsletters, feeds, festivals, genres, graphics, images, live shows, pictures, posts, radio hosts, radio shows, radio stations, scripts, software, songs, text, tours, venues, videos, and other content interactive features generated, provided, posted, or otherwise made accessible on or through the Website. All of the Content featured or displayed by the Website is owned by Wobeon, its licensors, vendors, agents, and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any Content on or through the Website, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); involves commercial activities and/or sales without Wobeon’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of The Website or any third party; or impersonates any person or entity, including any employee or representative of Wobeon. Additionally, you shall not: take any action that imposes or may impose (as determined by Wobeon in its sole discretion) an unreasonable or disproportionately large load on the Website’s (or its third party providers.) infrastructure interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website bypass any measures Wobeon may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website); (iv) run any form of auto-responder or “spam” on the Website; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Website, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. Wobeon reserves the right to remove any Content from the Website or from another feature of the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Wobeon is concerned that you may have violated the Agreement), or for no reason at all. Registration As a condition to using certain aspects of the Website, you will be required to register with the Website and select a password and screen name (“Registered Username”). You shall provide Wobeon with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Agreement, which may result in immediate termination of your Wobeon account. You shall not select or use as a Registered Username a name of another person with the intent to impersonate that person use as a Registered Username a name subject to any rights of a person other than you without appropriate authorization use as a Registered Username a name that is otherwise offensive, vulgar or obscene. Wobeon reserves the right to refuse registration of, or cancel a Registered Username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Registered Username password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Wobeon in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Third Party Sites Wobeon may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website or another feature of the Website. When you access third party websites, you do so at your own risk. These other websites are not under Wobeon’s control, and you acknowledge that Wobeon is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Wobeon, the Website, or any association with its operators. You further acknowledge and agree that Wobeon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. Wobeon and Website Content You agree that the Website contains Content specifically provided by Wobeon, its partners, or its Registered Users, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Website. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right. You may, to the extent Wobeon expressly authorizes you to do so, download or copy the Content, and other items displayed on the Website for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Wobeon, or from the copyright holder identified in such Content’s copyright notice. Registered User Content from Third Party Sites Through your account with Wobeon (“Wobeon Account”), you may be able to access, link to and display Content on or from your Wobeon Account and your accounts or profiles with third party sites (“Registered User Content”); you represent, warrant and agree that with respect to Registered User Content on third party sites you will in all cases comply with all applicable third party terms of services and any other obligations you may have with respect to that third party site and Registered User Content. Wobeon may allow you to specify the Registered User Content that will be accessed, linked to and displayed on or through your Wobeon Account. Wobeon may also provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) Registered User Content to Wobeon (the “Registered User Submissions”). By posting Registered User Submissions on or through Wobeon: You hereby do and shall grant Wobeon a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (“Use”) the Registered User Submissions in connection with Wobeon, the Website, and Wobeon’s (and its successors and assigns) business, including without limitation for promoting and redistributing part of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Website a non-exclusive license to access your Registered User Submissions through the Website, and to Use such Registered User Submissions as permitted through the functionality of the Website and under this Agreement. For clarity, the foregoing license grant to Wobeon does not affect your other ownership or license rights in your Registered User Submission(s), including the right to grant additional licenses to the material in your Registered User Submission(s), unless otherwise agreed in writing You represent and warrant (and will promptly demonstrate to Wobeon’s satisfaction upon request): (a) that you own or otherwise control all rights to Use such Registered User Submissions and that disclosure and Use of such Registered User Submissions by Wobeon (including without limitation, publishing content on or at the Website) will not infringe or violate the rights of any third party, including without limitation any intellectual property, privacy, publicity, contract or other rights of any person or entity; (b) that You have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information, such as his or her username(s), on Wobeon; and (c) that You are authorized to grant all of the aforementioned rights to the Registered User Submissions to Wobeon and all users of the Website. You agree to pay all royalties and other amounts owed to any person or entity due to your Use of any Registered User Submissions on the Website. You understand that Wobeon shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Website or otherwise through Wobeon is the sole responsibility of the person from which such content originated and that Wobeon will not be liable for any errors or omissions in any content; and that Wobeon cannot guarantee the identity of any other users with whom you may interact in the course of using the Website. Wobeon does not endorse and has no control over any Registered User Submissions. Wobeon cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Wobeon has the right, but not the obligation, to monitor the Content and Registered User Submissions. Wobeon may remove any Registered User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Registered User Submission), or for no reason at all. Under no circumstances will Wobeon be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available by Wobeon. Warranty Disclaimer Wobeon has no special relationship with or fiduciary duty to you. You acknowledge that Wobeon has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Wobeon from all liability for you having acquired or not acquired Content through Wobeon or otherwise through the Website. Wobeon or other features of the Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Wobeon makes no representations concerning any content contained in or accessed through the Website, and Wobeon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. Wobeon will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Wobeon’s equipment, transmitted over networks accessed by Wobeon, or otherwise connected with your use of the Website. Indemnification You shall defend, indemnify, and hold harmless Wobeon, its affiliates and each of its, and its affiliates’, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to Wobeon, the Website, Content or otherwise from your Registered User Submissions, (ii) your violation of the Agreement, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Wobeon reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Wobeon in asserting any available defenses. General Content Disclaimer The Content provided by or through the Website is for entertainment purposes only, and should not be relied upon. Wobeon makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. You should independently verify all Content and other information that you access through the Website. By using the Website, you agree that Wobeon shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Website. Your use of or reliance on any Content is at your own risk. No Authorization Where Illegal Accessing the Website is prohibited from territories where the Website or any Content is illegal; you are responsible for compliance with local laws. Miscellaneous This Terms of Use Agreement has been made in and shall be construed and enforced in accordance with Texas law. Any action to enforce this Agreement shall be brought in the federal or state courts located in Texas. Notwithstanding any of the foregoing, nothing in this Terms of Use Agreement will serve to preempt the promises made in the Wobeon Privacy Policy.