PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). By using this Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use this Site. IndieHeart.com ("IndieHeart") may, in its sole discretion, modify, alter or otherwise update these Terms of Use at any time. Areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. You can click here to go to the Privacy Statement page, which forms part of these Terms of Use. You can return to this page after viewing the Privacy statement by using the "Back" button on your browser.

The materials available through this Site are the property of IndieHeart and/or its subsidiaries, affiliates, licensors, licensees, members, or other respective owners. These materials are protected by copyright, trademark, and other intellectual property laws. Information received through this Site may be displayed, reformatted, and printed for your personal, noncommercial use only. You may not reproduce or retransmit the materials, in whole or in part, in any manner, without the prior written consent of the owner of such materials, with these exceptions only:

You may make single copies of the materials available through this Site, solely for your personal, noncommercial use, and only if you preserve any copyright, trademark, or other notices contained in or associated with them. You may not distribute such copies to others, whether or not in electronic form, whether or not for a charge or other consideration, without prior written consent of the owner of the materials.

Requests for permission to include music downloaded from the site in internet radio broadcasts, podcasts, sound tracks, and other forms of transmission beyond personal use can be made by contacting the musician/owner directly through the contact form on the musician's Artist Page.

You are only authorized to view and to retain a copy of pages of this Site for your own personal use. Any reproduction, publication, or further distribution or public exhibition of materials provided at this site in whole or in part is strictly prohibited. The content and software on this Site is the property of IndieHeart and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

There are many opportunities for you to contribute to the Site and to communicate with other users of the Site. These include, among others, lyrics, articles, links or other materials, downloadable music and video files, which collectively, we call "Content" to the Site. IndieHeart is not liable or responsible for any Content provided by its users or other third parties to the Site ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of IndieHeart. IndieHeart can not preview User Content before it appears or is sent to another user. Users can be held liable for any illegal or prohibited User Content they provide to the Site or to other users, including among other things, infringing, defamatory or offensive materials. However, if you discover this kind of material on the Site, please notify us by sending us an e-mail. We will investigate your claim and take appropriate action.

The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that:

• » Is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• » Is or could be harmful to minors.
• » Harasses or advocates harassment of another person.
• » Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
• » Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous.
• » Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices, or provides pirated music or links to pirated music files.
• » Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
• » Displays pornographic material of any kind.
• » Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
• » Provides instructional information about illegal activities such as making or buying illegal weapons. 11. Violating someone's privacy.
• » Providing or creating computer viruses.
• » Solicits passwords, personal identifying information for commercial or unlawful purposes from other users.
• » Engages in commercial activities and/or sales without IndieHeart's prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, etc.
• » Involves sending unsolicited and/or unauthorized email to third parties.

This Site contains links to third-party websites. These links are provided as a convenience to you. IndieHeart does not control and is not responsible for the content of third-party websites to which the website may be linked, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. IndieHeart encourages you to exercise discretion while browsing the Internet and the Site. If you decide to access linked third-party websites, you do so at your own risk.

IndieHeart may from time to time host bulletin boards, chat rooms, forums or other public posting areas ("Forums"). The information and opinions expressed in Forums are not necessarily those of IndieHeart or its affiliated or related entities or content providers. IndieHeart makes no representations or warranties regarding information or opinions that appear in the Forums, and does not endorse or guarantee the accuracy of any posting. IndieHeart assumes no obligation to monitor the Forums or to delete or edit any postings. However, IndieHeart reserves the right to delete, move, or edit any postings that we consider illegal, inappropriate, or, which in our best judgement, could reasonably be considered to be offensive to our visitors, members, or staff.

By using IndieHeart's Site, you agree that you will not submit or otherwise publish through the Forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, harassing, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; (c) violates any law; or (d) advocates illegal activity.

Because of the number of possible sources of information available through this Site, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in such information.

Information available through this Site may include facts, views, opinions, and recommendations of individuals and organizations. This Site does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by persons other than authorized service spokespersons, including, without limitation, information contained in the public postings areas of this website, and information provided or statements made by celebrity or "expert" guests on this Site.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INDIEHEART DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, INDIEHEART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INDIEHEART DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. INDIEHEART DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT INDIEHEART) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INDIEHEART BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF INDIEHEART OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INDIEHEART'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO INDIEHEART, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.

You agree to indemnify, defend and hold harmless IndieHeart, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you, including without limitation any content or communications you post or transmit through this Site and your use of this Site.

Should any viewer of a document on this Site respond to IndieHeart with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and IndieHeart shall have no obligation of any kind with respect to such information. In addition, IndieHeart shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, IndieHeart shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by IndieHeart's Privacy Statement.

In consideration of IndieHeart's continuing efforts to enhance and improve our service and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques IndieHeart without any compensation. You agree to execute any and all documents that IndieHeart may reasonably request in connection with confirming IndieHeart's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this Site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through e-mail or private messaging sent to other users or messages posted on this Site by you.

If you believe that any content appearing on this Site infringes your copyright rights, IndieHeart wants to hear from you. Please forward the following information to Support:

(a) your name, address, telephone number, and e-mail address;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the exact URL or a description of each place where alleged infringing material is located;

(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law.

In cases where infringement of copyright is claimed and found to be reasonable, we will remove the disputed material within 24 hours of your request. If you wish to pursue further action against the member who placed the infringing material on IndieHeart, we will cooperate fully by providing you with contact information for IndieHeart.com allowing you to take legal action compelling our release of the infringing individual's contact information, if it is known to us.

These Terms of Use are governed by laws of the State of Ohio, without regard to its conflict of law's principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Portage County, Ohio, for any claims arising out of or relating to your use of the Site, the materials on this Site, and/or these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Terms Of Use last updated April 23rd, 2009 1:45 PM EST