The Artist Hub Terms of Use

The Artist Hub Terms of Use Agreement (March 2010)

Overview of agreement

The Artist Hub operates TheArtistHub.org, which is a distribution service to artists who want different content changed, banners added, a song remastered, or just a song submitted to several different accounts. The services offered by The Artist Hub include Banner Makers, Remastering of songs, distribution of content or song submissions and any other conent there-in. The Artist Hub services are hosted in the United States.

This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the Artist Hub services. By accessing and/or using the Artist Hub services, you agree to be bound by this Agreement, you are a "member" (which means that you have registered with The Artist Hub). You are authorized to use the The Artist Hub services only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and making use of the Artist Hub services, your acceptance of this Agreement is automatic when you become a member during the registration process.

The Artist Hub reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Artist Hub site. All material modifications will apply prospectively only. Your continued use of the Artist Hub services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Artist Hub services immediately.

1. Eligibility Use of the Artist Hub services and registration to be a Member for the Artist Hub services (“Membership”) is void where prohibited. By using the Artist Hub services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Artist Hub services does not violate any Applicable Law. Your profile may be deleted and your membership may be terminated without warning.

2. Terms This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Artist Hub services as a member. You may terminate your membership at any time, for any reason, by sending us an e-mail in the Contact Us link. The Artist Hub may terminate your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, The Artist Hub reserves the right, in its sole discretion, to reject, refuse to post any content by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Artist Hub services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, The Artist Hub expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Artist Hub services if The Artist Hub determines, in its sole discretion, that you have violated this Agreement or pose a threat to The Artist Hub, its employees, business partners, members and/or the public.

3. Fees You acknowledge that Artist Hub reserves the right to charge for any portion of the Artist Hub services and to change its fees (if any) from time to time in its discretion. If the Artist Hub terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4. Password When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another member at any time or to disclose your password to any third party. You agree to notify The Artist Hub immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use of the services by you In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the services. You agree that any registration information you give to The Artist Hub will always be accurate, correct and up to date.

A) You agree to use the Services only for purposes that are permitted by (a) the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

B) You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by The Artist Hub, unless you have been specifically allowed to do so in a separate agreement with The Artist Hub. You specifically agree not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the services.

C) You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).

D) You agree that you are solely responsible for (and that The Artist Hub has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which The Artist Hub may suffer) of any such breach.

E) By giving us the conent to distribute on your sites, you warrant and represent that you own the content posted by you or otherwise have the right to grant the license set forth in this section, and that such content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any content you post on your sites. The Artist Hub is not responsible for any royalties pertaining to the work of any artist that is uploaded through TheArtistHub.com.

6. Privacy and your personal information

A) For information about the Artist Hub’s data protection practices, please read the Artist Hub’s privacy policy here. This policy explains how the Artist Hub treats your personal information, and protects your privacy, when you use the Services.

B) You agree to the use of your data in accordance with LiquidAudio’s privacy policies.

7. Content with the services

A) You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “content”.

B) The Artist Hub reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify (If need be for some sites who only have a limited amount of kbps), refuse any content from any service. The Artist Hub has a service to dynamically change the sound of your music with it's remastering service at very inexpensive rate.

C) You agree that you are solely responsible for (and that the Artist Hub has no responsibility to you or to any third party for) any content that you create while using the services and for the consequences of your actions (including any loss or damage which The Artist Hub may suffer) by doing so.

D) You acknowledge and agree that The Artist Hub is not responsible for the availability of any such external sites or resources that may be down or not accepting any submissions and/or changes to their sites.

E) You acknowledge and agree that the Artist Hub is not liable for any loss or damage which may be incurred by any such means used to alter, delete, change, or add to the external sites.

8. Changes to the terms You understand and agree that if you use the services after the date on which the Universal Terms or Additional Terms have changed, the Artist Hub will treat your use as acceptance of the updated Universal Terms or Additional Terms.

9. General legal terms

A) The terms constitute the whole legal agreement between you and the Artist Hub and govern your use of the services (but excluding any services which the Artist Hub may provide to you under a separate written agreement), and completely replace any prior agreements between you and the Artist Hub in relation to the services.

B) You agree that the Artist Hub may provide you with notices, including those regarding changes to the Terms, by email or postings on the services.

C) You agree that if the Artist Hub does not exercise or enforce any legal right or remedy which is contained in the terms (or which the Artist Hub has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Artist Hub’s rights and that those rights or remedies will still be available to the Artist Hub.

D) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.

E) The terms, and your relationship with the Artist Hub under the terms, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and the Artist Hub agree to submit to the exclusive jurisdiction of the courts located within the county of Greene, Ohio to resolve any legal matter arising from the terms. Not withstanding this, you agree that the Artist Hub shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

March 2010