Yoogli Music Terms of Use
Yoogli Music's Terms of Use covers the collection and use of personal information that may be collected anytime you interact with our site. We are committed to protecting the privacy of children and do not collect information from anyone under the age of thirteen.
Access to your personal information may help us give you better service. We may collect information to gain a better understanding of our customers in order to provide more valuable services. We may collect information regarding customer usage of our website. The Yoogli Music website includes a combination of content that we and that our users create. Materials published on our site, including written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, may be protected by our copyrights or trademarks or those of our partners.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our site. You certify that you own all intellectual property rights in your Content. You hereby grant us an irrevocable, royalty-free, nonexclusive license to use, reproduce, distribute, publicly display, transfer, transmit, distribute, and publish your Content for the purposes of displaying your Content on our site, distributing your Content, either electronically or via other media, to users seeking to download or otherwise acquire it.
Yoogli Music contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions that each of those sites has posted. We have no control over sites that are not owned by us and we are not responsible for any changes to or content on them. The inclusion on our site of any third-party content or a link to a third party site is not an endorsement by us of that content or of the third party site.
We do not sell or license any of the products or the services that we review, list, or advertise on our site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and product delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any transactions with third parties.
Inappropriate Material
You agree not to post on Yoogli Music or transmit to other users any content or material which:
- Is illegal, inaccurate, false, misleading, defamatory, abusive, obscene, profane, vulgar, libelous or offensive.
- Promotes illegal activities or furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone's privacy, or creating computer viruses.
- Is sexually oriented or sexually explicit, or which contains nudity or obscene or lewd subject matter, exploits people in a sexual manner, contains a link to an adult website, or uses sexually suggestive imagery.
- Solicits personal information from anyone under 18.
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- Provides any telephone numbers, street addresses, last names, URLs or email addresses of any other person.
- Includes a photograph of another person that you have posted without that person's consent.
- Is excessively violent or exploits people in a violent manner.
- Is threatening, harassing or abusive, or which advocates threats against, harassment of or abuse of another person.
- Is hateful, harmful or racially offensive, or which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Infringes or violates another party's rights including, but not limited to, copyrights, licenses, other intellectual property rights, contractual or fiduciary rights and obligations, and rights of privacy and publicity.
- Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files.
- Involves the transmission of junk mail or unsolicited mass mailings.
- Involves commercial activities without our prior written consent such as contests, sweepstakes, barter or advertising.
- Contains restricted or password only access pages or hidden pages or images such as those not linked to or from another accessible page.
- Contains misleading or deceptive content intended to draw traffic to other pages.
Company's Rights Regarding Conduct and Content
Yoogli Music reserves the right to investigate and take appropriate action against anyone who:
- Violates the foregoing provisions regarding prohibited conduct and content.
- Violates or is alleged to violate any applicable law or the letter or spirit of this Agreement.
- Engages in conduct which may be offensive, illegal or threatens the safety of any person. Yoogli Music's actions may include, without limitation, reporting you to law enforcement authorities, terminating your account and removing any offensive content from the Yoogli Music site.
We have the right to take any of the following actions in our sole discretion for any reason without giving you prior notice. You agree that we will not be liable to you or any third party for taking any of the following actions:
- Suspend, or terminate access to any of our services
- Removal of any material sent to our site for any reason
- Refusal of any content sent to our site
- Deactivation your account
Disclaimer Regarding Conduct and Content
Despite the above stated prohibitions on inappropriate conduct and content, information provided by users and conduct of users may violate some or all of the foregoing prohibitions. Yoogli Music does not endorse and has no control over the conduct or content of its users. User conduct and content is not necessarily reviewed by Yoogli Music and does not necessarily reflect the opinions or policies of the Company. Yoogli Music assumes no responsibility or liability for this conduct or content and makes no warranties, express or implied, as to user conduct or content, including its accuracy or reliability, or of any material or information that you or other users transmit by or through the site. Yoogli Music assumes no responsibility for monitoring the site or websites for inappropriate conduct or content. Yoogli Music assumes no responsibility to modify or remove any inappropriate content and no responsibility for the conduct of any user.
Ownership of Proprietary Rights in Uploaded Content
Yoogli Music does not claim ownership of any intellectual property rights over the content (including text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials) that you upload. Any intellectual property rights, including the copyright, in uploaded content belongs solely to you, subject to the non-exclusive license granted herein. After uploading your content to Yoogli Music you continue to retain all ownership rights in such content.
License of Uploaded Content to Company
By displaying or publishing any content on or through Yoogli Music you hereby grant to Yoogli Music a limited license to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display, reproduce, and distribute such content in whole or in part or prepare derivative works, in any format or medium now known or later developed. The license is non-exclusive fully-paid and royalty-free sub-licensable. The Company may use its affiliates and subcontractors such as Internet content delivery networks to provide its service and websites and to permit users to view, hear, read, stream, download and link to your content worldwide. The license does not grant Company the right to distribute your content outside of its service or its websites. You represent and warrant that you have sufficient ownership rights to grant this license.
License for Syndication
You grant Yoogli music the right to use and sublicense the content, such as songs, band information including, but not limited to, names, likenesses biographical material, logos, marks or trade names of you or any individuals performing or otherwise represented in the content or the artist or band included or referred to in the content for the purposes of syndication of Company's products and services, including, without limitation, by syndicating and embedding widgets and band pages on third party websites, at Yoogli Music's discretion, without any payment to you or any other persons or companies.
Waiver of Performance Royalties
You grant Company a waiver of any performance royalties on your content when performed by Yoogli Music in a broadcast format such as internet radio, satellite radio, or terrestrial radio. You represent that you have sufficient ownership of rights in the content to grant the Company such waiver.
Distribution Controls
Yoogli Music encourages users to make their content available under terms that are more user-friendly than have become standard in most jurisdictions. Accordingly, we offer the ability to mark your content as, (a) available only in streaming format, (b) downloadable in MP3 format or (c) as licensed under a Creative Commons license. When you select (a) available only in streaming format, your music may still be downloaded in MP3 format by registered radio partners of Yoogli Music for the purpose of digitally broadcasting your music.
Content Removal
You can remove your content at any time by deleting your account. Deletion of your account will not terminate any content licenses granted prior to deletion of your account.
Disclaimer
We disclaim any responsibility for the deletion or the failure to store or deliver any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using Yoogli Music sites. We disclaim any responsibility for service downtime that is caused by us or the technology that powers our site. This includes failures of our service providers or any other cause beyond our control.
We disclaim any responsibility for individual users uploading content over which we have no control using the wiki posting format for the purpose of editing artist biographies and posting their personal comments. We will do our best to constantly monitor inappropriate material and remove it from our site as well as deactivate accounts which are in violation of the Yoogli Music Terms of use Agreement.
If you use a bulletin board or chat room accessed via our website be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. We disclaim any responsibility for the misuse by third parties of personally identifiable information you choose to submit in these forums.