Terms

Please carefully read the following Terms of Use before using the www.buzzact.com website (the “Site”). These Terms of Use including the Privacy Policy (“Privacy Policy”) which is incorporated by reference herein constitutes a legally binding agreement made between you (“you”) and SoulPower Productions, Inc. (“SoulPower”), concerning your access to and use of the Site. By accessing this Site, you agree to be bound by these Terms of Use. If you do not agree to the these Terms of Use, please do not use this Site. Each time you use the Site, the current version of the Terms of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.

  1. Copyright

    The data and materials on the Site, except User Submissions (as defined below), including without limitation the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the “Content”) are the intellectual property of SoulPower, its licensors and its suppliers. The Content is protected by copyright and other intellectual laws and all ownership rights remain with SoulPower, its licensors or its suppliers, as the case may be. SoulPower reserves all rights not expressly granted in and to the Site and the Content.

  2. Trademarks

    All trademarks (including but not limited to Buzzact.com and SoulPower), logos, service marks and trade names appearing on the Site are proprietary to SoulPower Productions, Inc. or other respective owners that have granted the Site the right and license to use such intellectual property.

  3. Use of the Site

    As a user of the Site, you agree that you will: (i) comply with all applicable laws in using or accessing the Site; (ii) not make any derivative works of any portion of the Site; (iii) not remove, alter, or obscure any proprietary notices (including copyright notices) on the Site. This Site is intended only for personal use. The Site and the Content appearing on the Site may not be redistributed or used for commercial purposes.

  4. Registration, Accounts and Passwords

    If you become a registered member and create an account on the Site, you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose and (ii) all activities that occur under such password or account identifiers. You agree to notify SoulPower of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. SoulPower will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use. Users are prohibited from registering on the Site more than one time by using different email addresses or different names for a single individual for any purpose.

  5. User Submissions

    A. The Site permits the submission of (i) audio files/songs (“Song Submissions”),(ii) postings on message boards and blogs, and (iii) other communications (collectively "User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, SoulPower does not guarantee any confidentiality with respect to any submissions to the Site. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SoulPower to use all patent, trademark, trade secret, copyright, literary or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use. You retain all of your ownership rights in your User Submissions, however, by submitting the User Submissions to SoulPower, you hereby grant SoulPower a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to display, broadcast, publicly perform, use, transmit, exhibit, publish, distribute, copy, reproduce and edit the User Submissions in connection with the Site and SoulPower's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media format or medium and through any media channels (now known or hereafter developed). For the avoidance of doubt, you are not entitled to any compensation for any User Submissions for any reason. C. In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SoulPower all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SoulPower or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, violent, profane hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity, whether actual or fictitious; or (vi) violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation (vii) violate or solicit the violation of any applicable local, state, national or international law (viii) post any information that is known by you to be false, inaccurate, or misleading; (ix) post any information that contains any computer viruses, worms or other potentially damaging computer programs or files; (x) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any other person or entity;(xi) forge headers or otherwise manipulate identifiers in order to falsify the origin of any Content transmitted through or to the Site; (xii) interfere with or disrupt the Site, or encourage others to do so in any manner whatsoever; or (xiii) disseminate off-topic messages, including but not limited to messages promoting any product, service, web site, board or venture. SoulPower does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SoulPower expressly disclaims any and all liability in connection with User Submissions. SoulPower does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and SoulPower will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SoulPower reserves the right, in its sole discretion, to remove Content and User Submissions without prior notice. SoulPower will also terminate a user's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. SoulPower also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SoulPower may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. D. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. SoulPower's designated copyright agent to receive notifications of claimed infringement is: or dcma@SoulPower.com. Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to SoulPower customer service at _________ You acknowledge that if you fail to comply with all of the requirements of this Section 4(D), your DMCA notice may not be valid. E. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that SoulPower is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SoulPower with respect thereto, and agree to indemnify and hold SoulPower, its officers, directors, employees, affiliates, agents, licensors or suppliers harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

  6. Specific Requirements for Song Submissions

    In addition to complying with the provisions set forth in this Terms of Use, registered members making Song Submissions to the Site must also comply with the requirements set forth in the Song Submission Guidelines which may change from time to time, without notice.

  7. Voting Process Related to Song Submissions

    Registered members may only vote for a Song Submission one time. When voting for a an Song Submission, you must listen to such Song Submission for a reasonable length of time to make an informed decision regarding whether or not to vote for the Song Submission. As stated above, users are prohibited from registering on the Site more than one time by using different email addresses or different names for a single individual for any purpose, including to vote for a Song Submission multiple times.

  8. Links to Other Websites

    This Site may contain links to websites operated by other people or companies. Those websites may have their own privacy policy or no privacy policy at all. SoulPower does not have any responsibility for those websites, and we provide the links solely for the convenience of our visitors.

  9. Privacy Policy

    SoulPower is committed to protecting the privacy of users of the Site. For information on how information is collected, used or disclosed by SoulPower in connection with your use of this Site, please consult our Privacy Policy.

  10. Disclaimer

    CONTENT, ON THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS LINKS AND USER SUBMISSIONS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. SOULPOWER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOULPOWER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF SOULPOWER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS . FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET. IN ADDITION, SOULPOWER MAKES NO REPRESENTATION OR WARRANTIES (I) REGARDING THE SUCCESS OF ITS REGISTERED MEMBERS, (II) THAT ANY OR ALL SONG SUBMISSIONS WILL BE LISTENED TO BY PERSONS IN THE MUSIC INDUSTRY, OR (III) THAT ANY REGISTERED MEMBER WILL BE OFFERED A RECORD DEAL. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SOULPOWER’S, AND ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AFFILIATES’, AGENTS’, LICENSORS’, AND SUPPLIERS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  11. Limitation of Liability

    IN NO EVENT WILL SOULPOWER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. SOULPOWER RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SITE OR THE CONTENT ON THE SITE (INCLUDING REMOVING USER SUBMISSIONS), AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF SOULPOWER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOULPOWER’S, ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT SOULPOWER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  12. Termination

    You agree that SoulPower, in its sole discretion, may terminate your password, account or use of the Site for any reason, including, without limitation, if SoulPower believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use and the accompanying Song Submission Guidelines. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that SoulPower may immediately deactivate or delete your account and/or bar further access to the Site. Further, you agree that SoulPower will not be liable to you or any third party for any termination of your access to the Site.

  13. Indemnification

    You agree to indemnify, defend and hold harmless SoulPower, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding in connection with: (i) any claim due to or arising out of your violation of these Terms of Use and the accompanying Song Submission Guidelines, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (ii) your use of and access to the Site; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

  14. Assignment

    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SoulPower without restriction.

  15. Choice of Law and Forum

    This Terms of Use shall be governed and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located in the State of California, and you hereby submit to the personal jurisdiction of such courts.