I. General Rules and Definitions
In consideration of your use of any of the Websites, you represent that you are at least thirteen years old and are not a person barred from using the Websites under the laws of the United States or other applicable jurisdiction.
II. Intellectual Property
A. Ownership; License
The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any of the contents of any of the Websites, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.
- listen to music and view videos streamed from the Websites, and participate in the Websites’ community areas;
- create profile pages on the Websites for non-commercial and private use;
- communicate with other members of the Websites’ communities;
- embed and display the contents of the Websites on your own personal website or other non-commercial external websites; and
- download the contents of the Websites onto a computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein
B. User Uploaded Information
The Websites may allow you to upload or submit information, software, text, images, audio, video, and other materials to, through or on the Websites (“User Uploaded Information”). For example, the Websites may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. e5 does not endorse any User Uploaded Information and your use of any User Uploaded Information is at your own risk. e5 reserves the right, to delete, move or edit User Uploaded Information, in whole or in part, for any reason in its sole discretion. e5 undertakes no obligation to pre-screen User Uploaded Information, but may, in its sole discretion, monitor, modify, transmit over various networks, refuse, limit, move, block access to or remove any User Uploaded Information. You agree not to accept payment for User Uploaded Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Uploaded Information.
You are solely responsible for all User Uploaded Information that you make available via any of the Websites. Under no circumstances will e5 be liable to you in any way for any User Uploaded Information that you upload, post, or otherwise make available via any of the Websites including, but not limited to, any errors or omissions in User Uploaded Information, or for any loss or damage of any kind incurred as a result of User Uploaded Information.
When you upload User Uploaded Information via the Websites, you grant to e5, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Uploaded Information, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind for any purposes whatsoever.
e5 reserves the right to remove any content contained in or posted to the Websites that allegedly infringes another person’s copyright.
Notices to e5 regarding any alleged copyright infringement on the Websites should be directed to e5’s agent at firstname.lastname@example.org, 646.654.5000. Please follow the procedures for reporting suspected infringement available here
III. ~ User Accounts, Additional Terms, End User License Agreements & Subscriptions
IV. Restrictions on Use
The Websites are provided for lawful purposes only. By accessing or using the Websites, you agree and warrant that in connection with your use of the Websites you will not:
- alter any trademark, copyright and other proprietary or legal notices contained in the Websites; or
- manipulate the Websites in any way not intended and directed by e5; or
- copy or seek to copy or “rip” any audio and/or audiovisual content from the Websites; or
- exploit any part of the Websites for commercial gain or undertake any commercial activity utilizing the contents of the Websites without the prior written consent of e5, including, for example, inserting your own or a third party’s advertising, branding or promotional content into any of the Websites’ contents, materials or services; or
- upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
- any material that is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in e5’s sole discretion is otherwise objectionable; or
- information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
- material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the Websites or interferes with, overburdens, impairs or disrupts the Websites, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
- any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation; or
- use or attempt to use another person’s information, account, password, service or system except as expressly permitted; or
- impersonate another person or entity; or
- engage in any conduct that in e5’s sole discretion restricts the ability of any other person to enjoy the use of any of the Websites; or
- solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.
VI. Third Party Content and Linked Sites
Third parties provide some of the contents of the Websites. e5 makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing.
In addition, third parties may offer goods, services and other materials to you on the Websites. Such dealings are solely between you and the third party. e5 will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Under certain circumstances, e5 may permit third-party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to products, services or publications within the Websites do not imply endorsement by e5 of that product, service or publication.
The Websites may include links to other sites that are not maintained by e5. e5 is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites.If you decide to access any third party site linked to the Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. e5 shall have no liability for any loss or damage arising from your use of any such site.
VII. Disclaimer; Restriction of Liability
The Websites and their contents are provided “as is” and “as available.” To the fullest extent permissible by applicable law, e5 disclaims all warranties of any kind either expressed or implied, including any warranties of merchantability, noninfringement and fitness for a particular purpose.
e5 will not be liable for any damages or injury caused by any use of the Websites or any materials or software, including but not limited to, any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, or line failure due to, arising out of or otherwise attributable to the use of the Websites. e5 will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to
(1) the Websites or User Uploaded Information;
(2) the use of, inability to use, or performance of the Websites or any of the contents or features thereon;
(3) any action taken in connection with an investigation by e5 or law enforcement authorities regarding your use of the Websites or the contents thereof;
(4) any action taken by or in connection with copyright owners;
(5) any errors or omissions in the Websites’ technical operation, whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Websites).
e5 controls and operates the Websites and makes no representation that the contents of the Websites are appropriate or available for use outside of the United States. If you use any of the Websites from a location outside the United States, you are responsible for compliance with applicable U.S. and local laws, including export and import laws.