Terms of Use

1. Introduction Please read these terms of use carefully as this is a contract between all users accessing the website (“User”) located at www.sputnikmusic.com (“Website”) and Sputnikmusic and its proprietor. By using this Website, you ACCEPT ALL TERMS, conditions, and responsibilities of this agreement and agree to be legally bound by them.

Unless otherwise stated, these terms of use apply to users of this Website and any affiliated websites. Please also review the terms of our Privacy Policy which forms part of these Terms of Use. Your use of this Website is subject to these Terms of Use, Privacy Policy, and any other terms, conditions or restrictions set forth within any of the materials provided on the Website (“Agreement”). You agree to the Terms of Use and warrant that you have legal capacity to enter into the Agreement by accessing this Website and/or by accepting any information from this Website. If you do not agree with any of these Terms of Use, do not use this Website. Sputnikmusic reserves the right, in its sole discretion, to modify, alter, or otherwise change the Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Website after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes.

This Agreement does not cover your rights or responsibilities with respect to third party content, sites, or any links that may direct your browser or your connection to third party sites or pages. You shall be responsible and shall indemnify Sputnikmusic for any claims related to such activities. This is the entire and exclusive Agreement between you and Sputnikmusic regarding use of the Website and it cannot be modified, except as specifically described herein. Notwithstanding the foregoing, any downloadable widget, computer software, player, or other downloadable files linked from the Website may or may not be under our control and you assume the full responsibility and legal responsibility with respect to any downloaded media, content, files, music, artwork, information, text, or photographs (collectively, "Materials") located or found on the Website. All Materials contained and existing on the Website are protected by United States and international copyright law, and other federal and international laws.

Please note that the paragraph headings used herein are for convenience only and shall not be used to limit any portion of this Agreement.

If, for any reason, you do not agree with all of the terms and conditions contained herein, discontinue using the Website immediately.

2. Copyright & Trademark Notice This Website is the copyright of Jeremy Ferwerda, all rights reserved. Pursuant to the terms of the Digital Millennium Copyright Act, SputnikMusic has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website: Jeremy Ferwerda Phone: (617) 863-0140 sputnikadvertising@gmail.com

Pursuant to Title 17, United States Code, Section 512(c)(3), if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide a written communication to the Copyright Agent the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work or works claimed to have been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf. Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

3. Site Forum, Chat Rooms, Bulletin Boards, User Comments Sputnikmusic will not and cannot review every posting that may be made in public areas of the site, such as forums, chat rooms, and/or other public-posting areas such as User comments. Sputnikmusic will not endorse or guarantee the accuracy of any posting regardless of whether the posting comes from a user, from a guest contributor, or from a member of Sputnikmusic's staff. Sputnikmusic will not be responsible for any material posted in any chat room or on any bulletin board or forum and will not be responsible or liable to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any material provided through this Website. Sputnikmusic shall have the right but not the obligation to monitor, from time to time, the content of the Website, without limitation, to determine compliance with this Agreement and any operating rules established by Sputnikmusic and to satisfy any law, regulation, or authorized government request. Sputnikmusic shall have the right in its sole and absolute discretion to edit, refuse to post, or remove any material submitted to or posted on the Website.

4. Acceptable Use Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following: Frame the Website or Content, make the Website or Content available via in-line links, otherwise display the Website or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Sputnikmusic or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities); Threaten, defame, stalk, abuse, or harass other persons, or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability; Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable; Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices; Transmit files that contain viruses, spyware, adware, or other harmful code; Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email); Remove, modify, disable, block or otherwise impair any advertising in connection with the Website; Interfere with others using the Website or otherwise disrupt the Website; Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or Website; Transmit, collect, or access personally identifiable information about other users without the consent of those users and Sputnikmusic; Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Website; Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Website or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or Access any portion of the Website that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials. Sputnikmusic reserves the right to delete, move, or edit any content and refuse access to anyone who Sputnikmusic believes in its sole and absolute discretion has violated these terms or any other term of this Agreement. You hereby waive any and all rights you may have with respect to the alteration, modification or removal of any such content. Sputnikmusic additionally reserves the right to terminate this Agreement against any further use of any person or entity who violates any term of this Agreement. If Sputnikmusic receives a request to disclose the identities of users who post content to the Website and if Sputnikmusic discloses the identity of a user pursuant to the Terms of Use or Sputnikmusic's Privacy Policy, you understand and agree that we may do so and you waive all rights in connection therewith.

By submitting material to the Website, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement but may also subject you to legal liability for copyright, trademark or other intellectual property infringement. 5. Disclaimer and Release of Liability YOU AGREE THAT USE OF THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND YOU VISIT THE WEBSITE AT YOUR SOLE RISK. NEITHER SPUTNIKMUSIC, ITS PROPRIETOR, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. SPUTNIKMUSIC DOES NOT REPRESENT NOR WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE.

SPUTNIKMUSIC DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION, PRODUCT, OR SERVICE OFFERED ON THIS WEBSITE. SPUTNIKMUSIC IS NOT LIABLE FOR ANY INJURY ARISING OUT OF THE USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SPUTNIKMUSIC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT SPUTNIKMUSIC'S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO SPUTNIKMUSIC FOR THE USE OF THE WEBSITE. 6. Indemnification You agree, at all times, to defend, indemnify, and hold harmless Sputnikmusic, its proprietor, its respective affiliates and licensors, and each of their respective directors, officers, employees, shareholders, and agents from and against any and all claims, losses, actions, liabilities, damages, injuries, costs, and expenses (including, without limitation, attorneys' fees, disbursements, and court costs) arising out of, directly or indirectly, any use you make of the Website or your use of material on the Website and any violation by you of these Terms of Use. You agree not to take any action that interferes with the proper working of the Website, imposes an unreasonable or disproportionately large load on the Website's infrastructure, might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or any content in the Website. 7. Severability If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability, it shall not affect the validity or enforceability of any other portion of this Agreement, which shall remain in full force and effect. 8. Entire Agreement This Agreement, the Privacy Policy, and any rules for the Website established by Sputnikmusic constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to that subject matter.

If you do not agree to these Terms, you should immediately stop using the Website. Any User Submissions you made while using the Website will continue to be governed by these Terms.

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