TERMS OF SERVICE
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Clatterhead.com is an entertainment marketing website owned and operated by High Wire Music Marketing, LLC.
These Terms and Conditions of Use ("Terms and Conditions") constitute the contractual agreement between you and Clatterhead.com / High Wire Music Marketing, LLC regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to Clatterhead.com / High Wire Music Marketing, LLC.
By using our Site, you agree to these Terms and Conditions.
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Overview
We have organized the elements of our Terms and Conditions in sections. If after reading through these Terms and Conditions you still have questions, please feel free to contact us by clicking on the following link: support@highwiremusic.net.
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Registration for Certain Users
While you can visit our Site, and review a range of information about bands, musicians other materials relating to the music industry, without registering, to participate in marketing campaigns and other promotions hosted on our Site, and to obtain access to certain other digital marketing materials or information from our Site, we ask that you become a registered user. Our registration forms will specify the information that you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering at our Site, you agree to provide us with accurate, complete, and updated information required by the registration form ("Registration Data"), including, without limitation, your legal name, address, telephone number(s), applicable payment information (e.g., social security number) and such other information that may be required by such forms. You agree to notify us within fourteen (14) days of any changes in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Site. We will protect information provided to us by you in connection with registering at our Site by us in accordance with the terms of our Privacy Policy.
When you register at our Site, you will create a "login" and a "password," providing you access to associated marketing campaigns and digital marketing materials. When you re-visit our Site, this login and password will provide this same access to you. If you become a registered user of our Site, you agree not to disclose your login name and password to any third party. If at any time you believe that your login name and/or password has been revealed to any other party, or otherwise compromised, you agree to change your login name and/or password immediately through our "Edit Profile" page on our Site. You agree to be responsible for, and to release, indemnify and hold Clatterhead.com / High Wire Music Marketing, LLC, and its officers, directors, employees, agents, licensors, and suppliers, harmless from, any unauthorized use of your login name or password.
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User Comments and Submissions
With respect to any photographs or “feedback questionnaires” you may provide to Clatterhead.com / High Wire Music Marketing, LLC for posting on the "Project Page", such material shall remain your property. You hereby unconditionally grant to Clatterhead.com / High Wire Music Marketing, LLC a non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the photograph, feedback, and other statistical information SOLELY IN CONNECTION WITH THE SITE.
Clatterhead.com / High Wire Music Marketing, LLC does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user Comments or "Feedback". Clatterhead.com / High Wire Music Marketing, LLC has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site. You represent, warrant and agree (i) that you are authorized to submit the Photographs and Feedback Comments you provide to us; and (ii) that all Photographs and Feedback Comments submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Comments you provide, as Clatterhead.com / High Wire Music Marketing, LLC shall have no obligation to return any Photographs or Feedback Comments to you.
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Prohibited Uses
In addition to other prohibited uses specified in these Terms and Conditions, you are expressly prohibited from using our Site to post or transmit any advertising, "spam," threatening, defamatory, profane, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Clatterhead.com / High Wire Music Marketing, LLC disclaims all responsibility or liability arising from the content of any such postings, and assumes no responsibility for any error, omission, defamation, falsehood, profanity, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. As provided in our Privacy Policy, Clatterhead.com / High Wire Music Marketing, LLC will comply with court orders directing Clatterhead.com / High Wire Music Marketing, LLC to disclose the identity of users posting such information or materials, or otherwise directing compliance by Clatterhead.com / High Wire Music Marketing, LLC.
You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.
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Disclaimer of Warranties
While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. CLATTERHEAD.COM / HIGH WIRE MUSIC MARKETING, LLC SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE.
Further, we specifically make no representation or warranty and assume no liability or responsibility with respect to you or to any other users of the Site, including but not limited to (i) the offering or availability of any postings made by you or any other users of the Site, including but not limited to whether any events will occur or whether musicians promoted through the Site will show at any such concerts or special events; (ii) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (iii) any details relating to any transactions you may engage in with any other use of the Site; (iv) the quality of the listings or other information offered by you or any user of the Site; (v) the financial condition of you or any user of the Site; or (vi) compliance with local, state and federal laws by you or any other user of the Site.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT INVESTIGATION OF THE USERS OF THIS SITE BEFORE ENTERING INTO ANY TRANSACTION WITH SUCH PERSONS. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY FINANCIAL OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER OF THE SITE.
You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
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Limitation of Liability
NEITHER CLATTERHEAD.COM / HIGH WIRE MUSIC MARKETING, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
"ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;
"ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR
"ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.
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Modifications
We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or the entire Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.
In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.
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Assignment
Clatterhead.com / High Wire Music Marketing, LLC may wish at some point to assign or transfer its rights in this Web Site to a third party. You agree that Clatterhead.com / High Wire Music Marketing, LLC may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by Clatterhead.com / High Wire Music Marketing, LLC's then-applicable Privacy Policy.
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Indemnities
You agree to indemnify Clatterhead.com / High Wire Music Marketing, LLC, and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with your use of the Site and any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content.
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Access Privileges
Clatterhead.com / High Wire Music Marketing, LLC may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site.
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Severability
If any provision of these Terms and Conditions or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions or the Privacy Policy, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions or the Privacy Policy shall be deemed a further or continuing waiver of such provision.
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Complete Agreement
In addition to these Terms and Conditions (and Subscription Agreement, if any), your use of our Site is also subject to our Privacy Policy. Together with our Privacy Policy, these Terms and Conditions (and Subscription Agreement, if any) constitute the entire agreement between you and Clatterhead.com / High Wire Music Marketing, LLC with respect to use of the Site and supercede any and all prior representations and agreements, oral or written, relating to the subject matter hereof.
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Your Consent
By using our Web Site, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting our Site.
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Contact Us
You may contact us, for any reason, by e-mail as follows: support@highwiremusic.net