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December 4th, 2006

DigitalRodeo.com Terms of Use Agreement

Welcome to our Neighborhood! DigitalRodeo.com is a social networking service that allows its Members to find and communicate with artists, bands, and other like minded country fans. Music-oriented content and information is provided by musical artists and record companies on behalf of musical artists (each an “Artist” and collectively “Artists”). DigitalRodeo.com is owned and operated by Libcom Internet Services a corporation with offices located at 619 Clairton Blvd.,Pittsburgh, PA 15236. Unless otherwise stated, any current, updated, and new products and services (“Products and Services”), including any future Products and Services, provided by DigitalRodeo.com are subject to the following Terms and Conditions.

  

There are additional sections of DigitalRodeo.com that require the acceptance of additional Terms and Conditions, such as our Music Distribution Agreement (“MDA”). When you are using a Product or Service on DigitalRodeo.com that does not have a separate agreement, the Terms and Conditions outlined here will apply. DigitalRodeo.com reserves the right to amend these Terms and Conditions at any time. Please re-read this agreement frequently to stay up to date on any changes.

  

By using DigitalRodeo.com you agree to be bound by these Terms and Conditions, whether or not you choose to register as a User or an Artist. These Terms and Conditions contain legal obligations, please read them carefully.

  

DigitalRodeo.com is first and foremost, a public community, and as such you should apply good common sense as to what you choose to post for the world to see. Your DigitalRodeo.com profile may not contain: sexually explicit material, products or services, telephone numbers, street addresses, last names, photographs containing objectionable subject matter.  Despite all of that, DigitalRodeo.com assumes no responsibility or liability for any inaccurate, inappropriate, offensive, or sexually explicit material. If you identify misuse of the DigitalRodeo.com services, please contact DigitalRodeo.com or click on the “Flag as Inappropriate” link at the bottom of the respective page.

  

DigitalRodeo.com retains the right to reject, refuse, and remove any postings that it feels to be inappropriate, offensive, or non-beneficial to the community. In addition, DigitalRodeo.com may limit, restrict, suspend, delete, or cancel your access to DigitalRodeo.com at any time, for any or no reason, without liability.

  

This agreement shall remain in full force while you use the services and products of DigitalRodeo.com or are a member of DigitalRodeo.com. While you may terminate your membership at anytime, this agreement will remain in effect.

  

  1. Eligibility: In order to use DigitalRodeo.com, you must have access to the World Wide Web and navigate to www.digitalrodeo.com. You must be at least 13 years of age to use DigitalRodeo.com. In the event that DigitalRodeo.com learns that anyone under the age of 13 has accessed our Products or Services, DigitalRodeo.com will require verified parental consent, in accordance with the Children’s Online Privacy Protection act of 1998 (“COPPA”).  DigitalRodeo.com does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
  2. Responsibility for Minors: You Acknowledge that some areas of DigitalRodeo.com may contain material that is inappropriate for minors. In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for:
    1. The online conduct of such minor
    2. Controlling the minor’s access to and use of the products and services
    3. The consequences of any misuse by the minor
  3. Commercial Use: Products and Services provided on DigitalRodeo.com are for the personal use of its members, and may not be used in connection with any commercial activity except those that are specifically approved by DigitalRodeo.com. Illegal and/or unauthorized use of DigitalRodeo.com including the collecting of usernames, email address, or other information of its members via electronic or manual methods for the purpose of sending unsolicited email is strictly prohibited. Anyone caught violating this policy will be prosecuted to the fullest extent. Unauthorized commercial advertisements can and will be removed upon discovery by DigitalRodeo.com.
  4. Intellectual Property Ownership:
    1. DigitalRodeo.com claims zero ownership in the text, files, images, photos, musical works, video, sounds or any other “Content” that you post to DigitalRodeo.com. You also grant to DigitalRodeo.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through DigitalRodeo.com. This license does not grant DigitalRodeo.com the right to sell your content, though may be superseded by the Digital Rodeo Digital Distribution Agreement if you so choose.
    2. You warrant that you own the content you post on DigitalRodeo.com. DigitalRodeo.com are not responsible for the content that you post on DigitalRodeo.com. You are obligated to secure all necessary licenses for content that you choose to post on DigitalRodeo.com
    3. DigitalRodeo.com is protected by Copyright, Trademark, and other laws. Libcom Internet Services owns and retains all rights in DigitalRodeo.com Content and Services. DigitalRodeo.com grants you a limited, revocable, nonsublicensable license to reproduce and display DigitalRodeo.com content (excluding software code) soley for your personal use in connection with viewing the DigitalRodeo.com website.
    4. DigitalRodeo.com contains content provided by other Members. You may not modify or republish content provided by another member of DigitalRodeo.com
    5. Any content found to be in violation of these terms can and will be deleted immediately, without notice or explanation.
    6. In the event that you feel your copywrites are being violated by another user on DigitalRodeo.com, please email dradmins@digitalrodeo.com for further instruction.
  5. Digital Rodeo Tools: DigitalRodeo.com provides additional services to it's users that are built on top of the communities' framework. These "Tools" are developed solely by DigitalRodeo.com and are never touched by a Third Party to ensure our users privacy policy and data integrity. Use of these tools are optional and at a users sole discretion. In order to use a tool, the user must "install" the tool and agree to the terms set forth globally for all tools, and the terms distincly outline for that tool. For more information, please review the Tool Terms and Conditions.
  6. Prohibited Content:
    1. DigitalRodeo.com is designed to be an outlet for Country Music and the Country Music community. “Country Music” includes but is not limited to: Traditional Country, Modern Country, Outlaw Country, Alt Country, Bluegrass, and Rockabilly. What is, and what is not Country Music will lie at the sole and final decision of DigitalRodeo.com.
    2. DigitalRodeo.com will not tolerate any of the following content or activities, and constitute grounds for the immediate removal from the DigitalRodeo.com services and possible legal action where applicable:

                                                                       i.       Content deemed offensive by DigitalRodeo.com

                                                                     ii.       Content that promotes Racism, Hatred, and Bigotry

                                                                    iii.       Content that is threatening to an individual or group

                                                                    iv.       Content that contains nudity or links to sites containing nudity

                                                                     v.       Solicits or exploits minors in any way

                                                                   vi.       Distribution of someone else’s copyrighted work, including but not limited to Songs, Music, Artwork, and Software

                                                                  vii.       Junk Mail or Spamming of any kind

                                                                viii.       Commercial Activities

                                                                    ix.       The unauthorized use of another person’s photograph

                                                                     x.       Impersonating another person

                                                                   xi.       Solicitation of Passwords, personal information, or other forms of “phishing”

                                                                  xii.       Criminal activity, or references / links to criminal activity including but not limited to child pornography, snuff films, drugs, drug culture, drug dealing, hacking, stalking, theft, etc.

                                                                xiii.       Manipulation of the DigitalRodeo.com source code to obscure advertisments or general functionality.

                                                                xiv.       Creating excessive load on the DigitalRodeo.com servers via bots, data miners, or other nuisance activities.

                                                                 xv.       Using your DigitalRodeo.com profile as an avenue for any potential illegal activities.

  1. Privacy: The use of DigitalRodeo.com is governed by our Privacy Policy, incorporated here by this reference.
  2. Final Decision: DigitalRodeo.com shall have the sole and final decision as to what is, and what is not appropriate on DigitalRodeo.com. DigitalRodeo.com may suspend or terminate your account at any time, for any reason, or for no reason at all. You have no recourse, financial or otherwise against DigitalRodeo.com in the event that your account is suspended or removed.
  3. Disclaimer: DigitalRodeo.com is not responsible for the content posted by its users. In addition DigitalRodeo.com is not responsible for any inaccurate content posted by its employees or in conjunction with its services. DigitalRodeo.com is not responsible for monitoring and investigating user profiles for content violations. DigitalRodeo.com is not responsible for content on other linked websites. DigitalRodeo.com is not responsible for any damages or loss of data due to technical or mechanical failure of its systems. DigitalRodeo.com is a constant work in progress, and provided As-Is. DigitalRodeo.com can not and will not guarantee any specific results from the use of its products and services.
  4. Limitation on Liability: DigitalRodeo.com WILL NOT be held liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if DigitalRodeo.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, DigitalRodeo.com’s liability to you for any cause whatsoever and regardless of the form of the action will be at all times limited to the amount paid, if any, by you to DigitalRodeo.com for services during the term of membership.
  5. U.S. Export Controls: Software available in connection with the DigitalRodeo.com Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the DigitalRodeo.com Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  6. Indemnity: You agree to indemnify and hold DigitalRodeo.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the DigitalRodeo.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the DigitalRodeo.com Website or through the DigitalRodeo.com Services causes DigitalRodeo.com to be liable to another.

  


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.