Terms and Conditions
upNcomingstars.com Terms of Use
Welcome to upNcomingstars.com. Use of this website, www.upNcomingstars.com ("Website"), and the available services referenced in it ("Services") acknowledges your acceptance of this User Agreement (the “Agreement”), and all of its terms and conditions (the “Terms”), with upNcomingstars, and our Privacy Policy.
Each user's use of particular Services is subject to specific guidelines or rules posted from time to time and incorporated by reference into the Terms. To join as an “Artist” or “Listener” on this site constitutes full acceptance of and agreement to the Terms. If a user does not accept the Terms, the user is not granted rights to join the Website.
This Agreement is effective as of December 1, 2006 for users who utilized the Website or Services as of that date, and upon the date of acceptance for users who first utilize the Website or Services after December 1, 2006.
1. Description of Services
The Website currently offers a music community for all to be a part. Our mission is to provide service to Musicians to advertise their music for the world to see. We also encourage Listeners to join the site and add friends, favorite bands, communicate with other members and enjoy the many features this site has to offer.
2. Becoming A Member And Registering On The Website
2.1. Accessing the Website and Becoming a Member. Once you register with upNcomingstars, you become a "Member" and become part of the upNcomingstars Community. Your membership and password are only valid for your personal, non-commercial use of the Website or as otherwise set forth in an agreement with upNcomingstars. While there are parts of the Website that are available only to individuals who purchase a fee-based membership there is no cost or fee to register as a Listener on the Website. If you are merely browsing through the Website and have not yet registered to become a Member, your use of the Website is your acceptance of the Terms, the Agreement, and the Privacy Policy.
2.1.1. Registration Obligations If required by upNcomingstars, each user must: (a) provide true, accurate, current and complete information on the membership registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary or upon request by upNcomingstars. If, after investigation, upNcomingstars has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, upNcomingstars, in its sole discretion, may suspend or terminate that user's account and prohibit any and all current or future use of the Website and Services (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive a password and account designation upon completing the upNcomingstars registration process and is wholly responsible for maintaining the confidentiality thereof and solely liable for all activities occurring thereunder. upNcomingstars cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 2 of the Agreement, including any loss or damage arising from a user's failure to (a) immediately notify upNcomingstars of any unauthorized use of the user's password or account or any other breach of security or (b) ensure that the user exits from the user's account at the end of each session. upNcomingstars handles user Registration Data in accordance with the Privacy Policy.
2.1.2. Membership Eligibility The Website and Services are not available to any users suspended or removed from the Website or Service by upNcomingstars for any reason. Users may not have more than one active account on the Website. Additionally, users are prohibited from selling, trading, or otherwise transferring their upNcomingstars account to another party.
2.1.3. Fees (Membership and Services) 2.1.3.1. Membership Fees: upNcomingstars reserves the right to charge for any upNcomingstars membership or any portion thereof, modify the pricing of, add to, or discontinue any upNcomingstars membership or any portion thereof with prior notice.
2.1.3.2. Services Fees: upNcomingstars reserves the right to charge for any Services or any portion thereof, modify the pricing of, add to, or discontinue any Services or any portion thereof with notice to the user.
2.1.3.3. In addition to the Services, certain other services may be provided by upNcomingstars as it so chooses and upNcomingstars will determine, in its sole discretion, the associated fees, if any.
2.1.3.4. Any changes in fees for any membership or Services are not retroactive unless otherwise stated by upNcomingstars.
2.1.3.5. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with the Website or Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, upNcomingstars may collect fees owed using other collection mechanisms.
2.2. Your Information. When you register on the Website upNcomingstars may ask you to provide certain personal information about yourself including, without limitation, your name, address, email or other electronic address (collectively, "Your Information"). upNcomingstars will not use, re-distribute or sell any of Your Information and other information that you may provide or submit while using the Website or Services. You agree that all Your Information that you provide to upNcomingstars or post on the Website is complete, accurate and up to date. If all or part of Your Information is (or appears to upNcomingstars in its sole discretion to be) untrue, inaccurate, or incomplete upNcomingstars may suspend or terminate your membership and refuse any and all current or future use of the Website and Services, without refund to you of any membership or Services fees paid.
2.3. User Password. During the registration process, upNcomingstars will ask you to create a password. Because any activities that occur under your password are your responsibility, it is important for you to keep your password secure. Notify upNcomingstars immediately if you believe that someone has used your password without your authorization.
2.4. Communications. From time to time, in the course of providing you Services, upNcomingstars may send you communications, in keeping with the Privacy Policy or updates. Please note that any number of issues may interfere with your receipt of such communications, including, without limit, some types of email Systems that may use filtering or blocking techniques that are intended to block email. upNcomingstars is not responsible for the actual delivery or your actual receipt of these communications.
3. Content and License
3.1. Content All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted on or privately transmitted via upNcomingstars or the Website, are the sole responsibility of the person from whom such Content originated. This means that the user, and not upNcomingstars, is entirely responsible for all Content that the user uploads, posts, emails or otherwise transmits via upNcomingstars, the Website or any service. You agree that any Content that is posted under your password will be deemed to come from you. You further agree that all posted Content will be your own original ideas and will not violate the rights of any another party, including, but not limited to, any rights in such information by any of your current or previous employers.
upNcomingstars will not pre-screen or review Content, but upNcomingstars reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, upNcomingstars shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal or improper.
Each user, by using upNcomingstars, the Website or any service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
3.2. License
All Content entered, stored, publicly posted on or privately transmitted or posted via the Website is hereby licensed to upNcomingstars by the submitting user.
4. User Conduct
4.1. By using the Website, you warrant to upNcomingstars that you will not use the Website, or any of the content obtained from the Website, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Website automatically terminates in addition to obligations and ramifications as set forth in this Agreement.
In addition to the foregoing, and not in limitation thereof, you understand and agree not to use the upNcomingstars Website to:
4.a. Post Content or initiate communications that are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
4.b. Use the upNcomingstars Website for any illegal purpose, including but not limited to conspiring to violate laws.
4.c. Violate any laws, third party rights, or upNcomingstars or the Website’s policies.
4.d. Use the Website if you are temporarily or indefinitely suspended from the Website.
4.e. Falsely state, impersonate, or otherwise misrepresent your identity.
4.f. Upload, post, email, transmit or otherwise make available any Content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
4.g. Upload, post, email, transmit or otherwise make available any Content or initiate communication that infringes upon patents, trademarks, copyrights or other proprietary rights.
4.h. Copy, modify, or distribute Content from the Website or upNcomingstars copyrights and trademarks.
4.i. Stalk or harass anyone.
4.j. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
4.k. Solicit users, or harvest, collect or store personal data about other user, for the purpose of soliciting users, to utilize or pay for services or products which are competitive to the Services or which are not approved by upNcomingstars.
4.1.1. Abusing upNcomingstars. upNcomingstars and the upNcomingstars Community work together to keep the Website working properly and the upNcomingstars Community safe. Please report problems, offensive content, and policy violations to upNcomingstars. upNcomingstars may limit, suspend, or terminate its service and user accounts, prohibit access to the Website, remove hosted content, and take technical and legal steps to keep users off the Website if upNcomingstars thinks that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of upNcomingstars policies. upNcomingstars also reserves the right to cancel unconfirmed accounts.
4.1.2. Access to Service. Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, upNcomingstars web pages or the content included herein.
4.2. Monitoring and Enforcement. upNcomingstars does not actively monitor all of the Content that is posted or provided, nor is upNcomingstars obligated to do so. And since upNcomingstars does not, and may not have the ability to, control or actively monitor the Content, upNcomingstars does not guarantee its accuracy, integrity or quality. You can contact upNcomingstars to let upNcomingstars know of Content that you find objectionable. upNcomingstars may investigate the complaints that come to its attention. If upNcomingstars chooses to investigate the complaint, it will take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the Content or terminating memberships. However, because situations and interpretations vary, upNcomingstars also reserves the right not to take any action. In such cases, upNcomingstars may not remove Content that you believe is objectionable or offensive. Please remember that you can always choose to refrain from using any part of the Website that exposes you to something that you are uncomfortable with.
5. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through the Website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. upNcomingstars shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
6. Linking to or From the Website.
You cannot link to the Website without upNcomingstars prior written consent. While the Website may have links to the websites of other companies and parties, upNcomingstars has no control over those websites. upNcomingstars is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. upNcomingstars is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, products, services or other materials on those websites.
7. Termination
upNcomingstars may terminate, with or without cause, a Website user's account and access to the Services without prior notice in its absolute discretion and for any reason. upNcomingstars termination of any user's access to the Website or any Services may be effected without notice and, on such termination upNcomingstars may immediately deactivate or delete a user's account.
8. Disclaimer of Warranties.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF UPNCOMINGSTARS, THE WEBSITE, THE CONTENT AND SERVICES ARE MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. UPNCOMINGSTARS DOES NOT ASSUME ANY RESPONSIBILITY FOR COMMUNICATIONS BETWEEN USERS.
UPNCOMINGSTARS MAKES NO WARRANTY THAT THE WEBSITE, OR SERVICES, WILL MEET YOUR REQUIREMENTS, ANY PART OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, AND THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER upNcomingstars NOR ANY USER PROVIDES PROFESSIONAL OR LEGAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT UPNCOMINGSTARS LIABILITY OF ANY KIND.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF UPNCOMINGSTARS, THE WEBSITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9. Fraud
Without limiting any other remedies, upNcomingstars may suspend or terminate your upNcomingstars account if upNcomingstars suspects that you have engaged in fraudulent activity in connection with upNcomingstars, the Website or Services.
10. Reservation of Rights
upNcomingstars reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents and any other proprietary right that upNcomingstars may have in the Website or Services, their content, and the goods and services that may be provided. The use of upNcomingstars rights and property requires upNcomingstars prior written consent.
11. International Use and Legal Compliance
Recognizing the global nature of the Internet, you agree to comply with all applicable domestic and international laws, statutes, local rules, ordinances and regulations regarding your use of upNcomingstars, the Website and Services, including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. Resolution of Disputes
In the event a dispute arises between you and upNcomingstars, upNcomingstars goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.
13. Miscellaneous Terms
Your relationship with upNcomingstars is not one of agency or partnership and neither you nor upNcomingstars shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of upNcomingstars, the Website and Services. The Terms of this Agreement may be modified by upNcomingstars posting changes to the Terms on the Website. Each time you access the Website, you will be deemed to have accepted any such changes in effect at the time of access.
14. Copyright and Trademark Notice
This Website and its Contents Copyright (c) 2006 upNcomingstars, LTD. All rights reserved.
upNcomingstars, upNcomingstars.com and all the brands of other upNcomingstars products and services shown herein are the trademarks or registered trademarks of upNcomingstars or its affiliates. You agree not to display or use these trademarks in any manner without upNcomingstars prior written permission. Other trademarks belong to their respective owners.
We reserve the right to refuse access to any ISP, IP Address, or user for any reason.
