Terms of Use


ELECTRONIC MUSIC AWARDS TERMS OF USE AGREEMENT
Effective SEPTEMBER 6, 2017

Welcome to our websites located at www.theemawards.com and www.theelectronicmusicawards.com(the “Sites”). The Sites are provided by Electronic Music Awards, LLC. (“we,” “us” and “our”) and allow you to: (a) participate in interactive features that we may make available from time to time; or (b) simply view the Sites. We prepared this Electronic Music Awards Terms of Use Agreement (this “Agreement”) to help explain the terms that apply to your use of the Sites.  Regardless of how you use the Sites, your conduct when you use the Sites is governed by this Agreement.

1. Updates to this Agreement. We may modify this Agreement from time to time. We will notify you of material changes to this Agreement by posting the amended terms on the Sites. If you do not agree with the proposed changes, you should discontinue your use of the Sites. If you continue using the Sites after the new terms take effect, you will be bound by the modified Agreement.

2. Privacy Policy. In connection with your use of the Sites, please review our Privacy Policy in order to understand how we use information we collect from you when you access, visit or use the Sites. The Privacy Policy is part of and is governed by this Agreement and by agreeing to this Agreement, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

3. Affirmative Representations Regarding Your Use of the Sites. When you use the Sites, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Sites and your use of services available on the Sites do not violate any applicable law or regulation; (c) you are 18 years of age or older; (d) you are of sufficient legal age or otherwise have legal capacity to legally enter into this Agreement, and (e) you will use the Sites in compliance with applicable law.

4. Rules Governing Prohibited Activities. You agree that you in connection with your use of the Sites, you will not:

(a) use the Sites for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Sites without our express written consent;

(b) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Sites or the networks or services connected to the Sites, including without limitation, hacking into the Sites, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;

(c) impersonate any other person or entity, sell or let others use your profile or password (if applicable), provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;

(d) post on the Sites any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case these types of postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;

(e) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Sites, or any portion thereof; or
(f) circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any Materials (as defined in Section 5) or enforce limitations on use of the Sites or the Materials on the Sites.

5. Our Intellectual Property Rights. All of the content on the Sites and the trademarks, service marks, and logos contained on the Sites (“Materials”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Sites and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights not expressly granted in and to the Sites, and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials. You further agree not to access the Sites by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.

6. Our Management of the Sites

(a) We reserve the right, but do not undertake the obligation to: (i) monitor or review the Sites for violations of this Agreement and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; and (iii) manage the Sites in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Sites.

(b) WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

7. Term Survival 

(a)  Term. This Agreement shall remain in full force and effect while you use the Sites. You may terminate your use or participation at any time, for any reason, by ceasing to use the Sites. We may also, in our sole discretion, limit, suspend, or terminate the Sites or prohibit access to them.

(b) Survival. Even after you cease using the Sites or following termination, the provisions of this Agreement applicable by their terms after termination and as set forth in Sections 5, 10, 11, and 12 will remain in effect.

8. Copyright Policy. We may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or Materials on the Sites infringe upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act Policy set out in section 19 below.

9. Third Party Sites. The Sites may contain links to websites operated by third parties (including without limitation, Twitter and the third party service provider that provides tickets to our events) (“Third Party Sites”). Some of these Third Party Sites may be “co-branded” with our logos, for example our Facebook and Twitter pages which you can access through links on the Sites; however, these Third Party Sites are not operated or maintained by us. We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on the Sites does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THE SITES OR A LINK LOCATED ON THE SITES, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

10. Award Show Tickets. We may allow you to obtain tickets to attend our Award Shows from time to time, via the Sites or otherwise. Tickets may be sold or obtainable through other means, such as social media participation. While we will make every effort to provide access to every qualified interested fan, there may be times when we issue more tickets than the venue’s capacity. By obtaining these tickets, you agree that you are not guaranteed admittance to the Awards and that you agree to all terms and conditions associated with them.

10. Disputes with Us, Choice of Law and Forum. YOU AND WE AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA. YOU AND WE FURTHER AGREE THAT ANY DISPUTES SHALL BE RESOLVED UNDER THE SUBSTANTIVE LAW OF THE STATE OF CALIFORNIA (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS). THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY.

11. Warranty Disclaimer; Limitation on Liability

 Disclaimer of Warranties
(a) ALL MATERIALS OR ITEMS PROVIDED THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITES, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITES, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SITES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITES AND YOUR USE THEREOF.

(b) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITES’ CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITES, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITES OR LINKED TO BY THE SITES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES.

(c) Limited Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITES, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

(d) Exceptions to Disclaimers and Liability Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTION 11 MAY NOT APPLY TO YOU.

12. Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors 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 Sites, or Materials 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.

13. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Sites and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

14. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

15. Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of the applicable right or provision.

16. Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

17. Assignment. We may assign our rights under this Agreement without your approval.

18. No Modifications by Our Employees. If any of our employees offers to modify the terms of this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

19. Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement,

We in our sole discretion may disable and/or terminate use by users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us a notice containing the following information as provided in the Digital Millenium Copyright Act:

–an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
–a description of the copyrighted work or other intellectual property that you claim has been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a comprehensive list of such works);
–a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly) and identification of the specific material you believe is infringing;
–your name, address, telephone number, and email address;
–a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
–a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent via mail to DMCA Notice, [ADD ADDRESS] or via email to WHERE. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA

20. Contact Information. If you have any questions about this Agreement or your account, you may contact us by email at contact@theemawards.com