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Popfolio.net Terms Of Service

19 May 2007

Popfolio.net is a music, social networking service and online advertising platform that allows Members to create unique personal profiles online in order to promote and/or sell their music, socialize with fans, create online advertisements and host the Poptopus widget. The services offered by Popfolio.net ("Popfolio") include the Popfolio.net website, the Poptopus music widget, and any other features, content, or applications offered from time to time by Popfolio in connection with the Popfolio.net Website (collectively, the "Popfolio Services"). By using the Popfolio Services you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be updated of any changes.

Please be careful of the information you post on Popfolio and that you provide to other Users. Your Popfolio.net profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Popfolio.net Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Popfolio.net assumes no responsibility or liability for this material. Please report any misuse of the Popfolio Services by contacting us here.

Popfolio.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and comments) by you, or to restrict, suspend, or terminate your access to all or any part of the Popfolio Services at any time, for any or no reason, with or without prior notice, and without liability. Popfolio expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Popfolio Services if Popfolio determines, in its sole discretion, that you pose a threat to Popfolio and/or its Users.

Eligibility

You must be 14 years or older to use the Popfolio Services. By registering for the Popfolio Services, you represent and warrant that you are 14 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a Popfolio.net member ('Member'). You will be asked to select a username and be given a password during registration and you will be responsible for all activities occurring under your username and for keeping your password secure.

Content Policy

Popfolio does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Popfolio Services. After posting your Content to the Popfolio Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Popfolio Services, you hereby grant to Popfolio a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Popfolio Services.

Without this license, Popfolio would be unable to provide the Popfolio Services. For example, without the right to modify Member Content, Popfolio would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Popfolio could not allow Users to listen to music posted by Members. The license you grant to Popfolio is non-exclusive (meaning you are free to license your Content to anyone else in addition to Popfolio), fully-paid and royalty-free (meaning that Popfolio is not required to pay you for the use on the Popfolio Services of the Content that you post, except through the advertising revenue share owed to you through the Poptopus widget), sublicensable (so that Popfolio is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Popfolio Services), and worldwide (because the Internet and the Popfolio Services are global in reach). This license will terminate at the time you remove your Content from the Popfolio Services. The license does not grant Popfolio the right to sell your Content unless you also agree to the separate Digital Music Sales Agreement, nor does the license grant Popfolio the right to distribute your Content outside of the Popfolio Services.

You represent and warrant that: (i) you own the Content posted by you on or through the Popfolio Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Popfolio Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Popfolio Services.

The Popfolio Services contain Content of Popfolio.net ("Popfolio.net Content"). Popfolio.net Content is protected by copyright, trademark, patent, trade secret and other laws, and Popfolio owns and retains all rights in the Popfolio.net Content and the Popfolio Services. Popfolio hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Popfolio.net Content (excluding any software code) solely for your personal use in connection with viewing the Popfolio Website and using the Popfolio Services.

The Popfolio Services contain Content of Users and other Popfolio licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Popfolio Services.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Popfolio respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site (including a URL and/or screen shot); your address, telephone number, and email address; a written 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 owner or authorized to act on the copyright owner's behalf.

Privacy Policy

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the Popfolio Privacy Policy.

Disclaimers

Popfolio is not responsible for any incorrect or inaccurate Content posted on the Popfolio Website or in connection with the Popfolio Services, whether caused by Users of the Popfolio Services or by any of the equipment or programming associated with or utilized in the Popfolio Services. Profiles created and posted by Members on the Popfolio Website may contain links to other websites. Popfolio is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Popfolio. Inclusion of any linked website on the Popfolio Services does not imply approval or endorsement of the linked website by Popfolio. When you access these third-party sites, you do so at your own risk. Popfolio takes no responsibility for third party advertisements which are posted on this Popfolio Website or through the Popfolio Services, nor does it take any responsibility for the goods or services provided by its advertisers. Popfolio is not responsible for the conduct, whether online or offline, of any User of the Popfolio Services. Popfolio assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Popfolio is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Popfolio Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Popfolio Services. Under no circumstances shall Popfolio be responsible for any loss or damage, including personal injury or death, resulting from use of the Popfolio Services, attendance at a Popfolio event, from any Content posted on or through the Popfolio Services, or from the conduct of any Users of the Popfolio Services, whether online or offline. The Popfolio Services are provided "AS-IS" and as available and Popfolio expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Popfolio cannot guarantee and does not promise any specific results from use of the Popfolio Services.

Indemnity

You agree to hold harmless and indemnify, and at Popfolio’s request defend, Popfolio, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Popfolio Services, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Popfolio will provide you with written notice of such claim, suit or action.

Limitation of Liability

YOUR USE OF THE POPFOLIO SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL POPFOLIO, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE POPFOLIO SERVICES, WHETHER OR NOT POPFOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE POPFOLIO SERVICES, FROM INABILITY TO USE THE POPFOLIO SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE POPFOLIO SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE POPFOLIO SERVICES OR ANY PART OF THE POPFOLIO SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE POPFOLIO SERVICES AND ITS RELATED WEBSITE.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Popfolio Services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia.

Other

This Agreement is accepted upon your use of the Popfolio.net Website or any of the Popfolio Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Popfolio regarding the use of the Popfolio Services. The failure of Popfolio to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Popfolio.net and Poptopus are trademarks of Popfolio Sdn. Bhd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Contact

If you have any questions about this document, the practices of this website or your dealings with this website, we encourage you to contact us here.


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