Terms of Service
Updated December 8, 2021
Thank you for using CLIVE! Before using CLIVESHOWS.COM (the “Platform”), which is owned and operated by River Spirit Music, LLC, a Connecticut limited liability company with a principal address of P.O. Box 521, Hastings-on-Hudson, NY 10706 (“CLIVE,” “we,” “our,” or “us”), please read the following terms and conditions (the “Terms of Service”) carefully. The Terms of Service are a legal agreement between CLIVE and you, whether you are a website visitor or a member (“Community Member”). By visiting the Platform, accessing or using any of our services, you acknowledge that you have read, understood, and agree to comply with and be bound by the Terms of Service (this “Agreement”). This Agreement is not assignable by you, and any attempted assignment by you is void. We may assign this Agreement, in part or in whole, in our sole discretion. If you do not agree to these Terms of Service, do not use the Platform. The parties agree as follows:
1. Description of the Services
We provide you, our users, a platform to purchase tickets to live in-person and pre-recorded and streaming events, and to view, upload, or stream live and pre-recorded concerts and other content. You may access our platform through the Platform, which includes the www.cliveshows.com domain, its sub-domains, web pages, country level domain variants, and mobile sites. We refer to the foregoing as our “Services.”
You agree, by using our Platform or Services, that you are at least 18 years of age and are legally able to enter into a contract. If you are between the ages of 13 and 18, you may only use our Platform and Services under the supervision of a parent or legal guardian who is at least 18 years of age and agrees to be bound by these Terms of Service.
2. Using the CLIVE Service
a. Who can use the CLIVE Service
You may use our Service only if you can form a binding contract with CLIVE, and only in compliance with these Terms and all applicable laws. When you create your CLIVE account, you must provide us with accurate and complete information. You cannot sell, transfer, assign, combine, or share your account with another person or entity, unless we agree in writing beforehand. By registering for an account, you agree that all of your registration information will be legal, accurate, and complete. You agree that your registration information is current and correct. You are responsible for the confidentiality of your account information, including your username and password. All activity made through your account is your responsibility. If you become aware of any unauthorized use of your account, you must notify us immediately. By registering for an account, you consent to receive email notifications from us regarding the Services, your account, or your subscription, in place of, or in addition to, any written notices. You may cancel your account any time by deleting your account. We, in our sole discretion, may cancel your account for any reason and without notice. If your account is cancelled, you may forfeit any forms of unredeemed value in your account.
Any use or access by anyone under the age of 18 is prohibited. By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements and either (i) are of legal age to form a binding contract with the Company or (ii) have the permission of a parent or legal guardian who has agreed to these Terms on your behalf.
b. Your License to Use the Services
Our Services and any content on our Platform are proprietary to CLIVE and are protected by laws of the United States and foreign laws. By accessing, browsing, and/or using the Platform and therefore agreeing to be bound by this Agreement, you thereby demonstrate your agreement not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or resell any content, software, products, or services through this Platform without the express permission of CLIVE. We grant you a limited, personal, nontransferable, nonexclusive, revocable license to use the Platform, including any intellectual property described below in Section 4, pursuant to this Agreement and to any additional terms and conditions set forth by us. We retain full and complete title to any content made available by us on the Platform, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in our sole discretion. We strictly prohibit any other use of the content available to you through the Platform or Services.
c. Acceptable Use of the Services
The Services are made available to you only for the intended purposes set out herein – to purchase tickets, view, upload, or stream concerts and other content. You shall not access and/or use the Services for any other purpose, which means that you shall not: (a) engage in any activity that could damage, disable, impair, interrupt, or interfere with the Services, including the networks and servers connected to the Services; (b) consume a commercially disproportionate amount of bandwidth, CPU usage, memory storage space, or any other network or system resources, including any limits set by us on maximum concurrent usage of the Services; (c) introduce a virus, worm, Trojan Horse, or any other malicious or harmful software code, data, or file that may damage, interfere with, intercept or expropriate any system, data, personal information or property of another; (d) attempt to gain unauthorized access to accounts not owned by you, or to any connected network or servers to the Services through hacking, phishing, or other means; (e) use the Services on a service bureau or shared basis; (f) host the Services to be accessible by third parties; (g) sell, resell, assign, transfer, license, lease, or rent access to or use of the Services or otherwise transfer any rights to use the Services under this Agreement; (h) utilize the Platform or Services in connection with any activity that would constitute a violation of any applicable law, regulation or ordinance; (i) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services; (j) defame, defraud, abuse, harass, stalk, threaten, or otherwise violate any legal rights (such as rights of privacy and publicity) of others; (k) transmit any files or materials protected by intellectual property laws, unless you own or control the rights thereto or have received the necessary consent to do so; (l) utilize “software robots,” “scripts,” “robots,” “spiders,” “scrapers,” “web crawlers,” “data mining tools,” “extraction tools” or utilize computer programs that recursively query the Platform over the Internet; (m) “frame,” “cache,” “grab,” use, or copy any content included on the Platform or Services; (n) reverse engineer the Platform or content thereon for any purpose whatsoever. Please review our “Code of Conduct” located below which is a part of these Terms of Service.
You acknowledge that you are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
d. No Commercial use of our Service
The Service is for your personal non-commercial use only. You must not access or use our Service, or any part thereof or materials therein, for any commercial purposes.
e. Updates and Changes
We reserve the right to modify, suspend, or discontinue the Services or any part of the Services at any time, in our sole discretion, with or without notice. Some of our Service may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade, update or amend that software, and these Terms will apply to such upgrades, updates or amendments. Your continued use of the Services after a change to this Agreement constitutes your acceptance of the changes to this Agreement. If you do not agree to be bound by this Agreement, as modified, you must terminate your use of the Services immediately. It is your responsibility to review, from time to time, the most current version of this Agreement so that you will be apprised of any such changes.
f. Prohibited Uses
You may not use the Service for any unlawful purpose. You agree not to use the Service in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or for the purpose of exploiting, harming or attempting to exploit or harm others in any way, including by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
3. Your Content
a. Posting content
b. How CLIVE and other users can use your content
You grant CLIVE and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Generated Content, which may be used in connection with your user name or initials, for any purpose, including commercial purposes and advertising, whether as part of the Service or outside the Service. For purposes of clarity, this license does not terminate upon the termination of your Account or the removal of the User Generated Content from the Service. Nothing in these Terms shall restrict other legal rights CLIVE may have to User Generated Content, for example under other licenses. We reserve the right to remove or modify User Generated Content for any reason, including User Generated Content that we believe violates these Terms or our policies. We are not responsible for the content or accuracy of any User Generated Content posted by you.
c. How long CLIVE will keep your content
If you remove any User Generated Content from the Service (whether or not you have an active Account), we may retain your User Generated Content for backup, archival, or audit purposes. Furthermore, CLIVE and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Generated Content that other users have stored or shared through the Service, or otherwise continues to be posted or live in any part of the Service.
d. Feedback you provide
We value hearing from our users, and are always interested in improving the Service. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, CLIVE does not waive any rights to use similar or related feedback previously known to CLIVE, or developed by its employees, or obtained from sources other than you.
e. Rules of Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this User Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy www.cliveshows.com/about/dmca)
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by CLIVE, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress and other intellectual property or proprietary rights laws, service mark rights, whether registered or unregistered, arising under Federal, State, or Common Law, as well as confidential or commercially sensitive information, such as trade-secrets, and any other right not expressly licensed to you under this Agreement. No right, title or interest in or to the Service is transferred to you, and all rights not expressly granted to you are reserved by CLIVE. CLIVE has adopted and implemented a Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy. CLIVE and the CLIVE logo and all related names, logos, product and service names, designs and slogans are trademarks of CLIVE or its licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners. You acknowledge that no ownership rights are being conveyed to you under this Agreement. Any modifications you develop or recommend to the Services will be our exclusive property, and you agree to and hereby do assign all right, title, and interest in and to such modifications and all rights associated therewith to us. Please be aware that performing other cover songs without permission (either from another PRO or directly from the author of the song’s composition) constitutes an infringement of the author’s copyrights in that song’s composition. This leaves you vulnerable to a potential copyright claim and at risk of having your stream taken down. As noted throughout these Terms of Service and our Code of Conduct, you may not use the Platform to infringe anyone’s copyrights, which includes playing a cover song without permission. To the extent that you intend to incorporate into Your Content any sound recordings of another artist’s music, whether in whole or in part, you may only do so with the permission of the owner of the sound recording. You may be able to obtain permission for the song(s) that you wish to sample or remix from one or more PROs, such as ASCAP, BMI, or SESAC. Not all songs are represented by every PRO, so please carefully check the catalog of available songs for any PRO you choose to use in order to ensure that both the sound recording rights and the composition rights of the particular song or songs that you would like to use are available under the license that you purchase. CLIVE respects the rights of other copyright holders and strictly follows applicable laws including the Digital Millennium Copyright Act (the “DMCA”). If you are a copyright owner and believe that your work has been copied or distributed on the Platform without your permission in a way that infringes your copyright in such work under the DMCA, please follow the requirements set forth in our DMCA Instructions. We have and observe a repeat offender policy and will terminate the Account of anyone using the Services who violates such policy, where appropriate. If you believe that your trademark rights or other intellectual property rights have been otherwise violated, please contact us at support [at] cliveshows [dot] com.
4. Intellectual Property; Copyright and Trademark
The term of this Agreement will begin upon your acceptance of these Terms of Service and will continue in effect until terminated. We reserve the right to terminate the Agreement and Services at any time with or without notice to you. This Agreement shall terminate immediately if you breach any of the terms and conditions set forth in the Agreement. Upon termination of this Agreement, you shall immediately cease use of the Services. All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, binding arbitration and choices of law and forum, and intellectual property protections).
5. Term and Termination
We care about the security of our users. While we work to protect the security of your content and account, CLIVE cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by CLIVE. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from CLIVE, you do so at your own risk and you agree that CLIVE will have no liability arising from your use of or access to any third-party website, service, or content.
7. Third-Party Links, Sites, and Services
CLIVE may terminate or suspend your Account and this license at any time, for any or no reason, with or without cause or notice to you. You may terminate your Account for any or no reason. Upon termination, you continue to be bound by Sections 2 (Your Content) and 6 -12 of these Terms.
You hereby agree to indemnify, hold harmless, and defend CLIVE and all related parties from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorney’s fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from your use of the Services. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all such claims, demands, proceedings, suits, actions or causes of actions which are brought against us and in no event shall you settle any such claim without our prior written approval.
We provide a service and would be unable to function if we were held responsible for the actions or inactions of our visitors or other users of the Services we provide. Therefore, as inducement for us permitting you access to use the Services, you hereby agree to release us, our affiliates and subsidiaries, and each of its and their respective directors, officers, employees, and agents from all damages (whether direct, indirect, consequential, incidental, or other damages), losses, liabilities, costs and expenses of every kind and nature, known or unknown, arising out of or connected with disputes between you and third parties in connection with the Services.
The Service and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and data recovery. DISCLAIMER OF WARRANTY
THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT USE OF THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE CONTENT PROVIDED ON THE PLATFORM OR THROUGH OUR SERVICES IN ANY WAY. WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE PLATFORM AND ANY MATERIALS, DATA, OR INFORMATION CONTAINED ON THE PLATFORM, AND FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US SHALL CREATE A WARRANTY. CLIVE takes no responsibility and assumes no liability for any User Generated Content that you or any other user or third party posts or transmits using the Service. You understand and agree that you may be exposed to User Generated Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WE OR OUR ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE PLATFORM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES”, “WORMS”, “BUGS”, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF ONE OF OUR AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE PLATFORM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED IN AGGREGATE THE LESSER OF $100 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. LIMITATION OF LIABILITY
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Any failure or delay in performance by either party shall be excused if and to the extent caused by an Act of God (fire, flood, earthquake, storm, hurricane or other natural disaster), war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, government actions, lockout or interruption or failure of electricity of network service, pandemic, or other cause beyond the reasonable control of the parties.
15. Force Majeure
16. Consent to Data Usage
These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state or federal court located in Westchester County, New York for any actions not subject to Section 12 (Arbitration). The Service is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Any cause of action or claim you may have arising out of or in connection with or relating to these Terms must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
17. Governing Law and Jurisdiction; Limitation on Time
Notification Procedures and changes to these Terms. We may revise these Terms from time to time and the most current version will always be posted on our website. All changes will be effective immediately upon posting. CLIVE reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
18. General Terms
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CLIVE without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
20. Entire Agreement/Severability
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and CLIVE’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
21. No Waiver
The section and paragraph headings in this Terms of Service are for convenience only and shall not affect its interpretation. Effective Date of Terms of Service: December 8, 2021
Acceptable Use CLIVE is a place where music lovers can gather to learn about new bands, venues, music influence or other ideas, exchange information and become part of a community. It’s important that all members of this community feel comfortable and accordingly we require everyone to follow these rules:
Prohibited Uses You may not use the Service:
Additionally, you agree not to:
- For any commercial purpose.
- To transmit, or procure the sending of, any advertising or promotional material, including any bulk mail or any other similar solicitation.
- To impersonate or attempt to impersonate CLIVE, a CLIVE employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm CLIVE or users of the Service or expose them to liability.
- Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
- Use any robot, spider or other automatic device, process or means to access the CLIVE site for any purpose, including monitoring or copying any of the material on the site.
- Use any device, software or routine that interferes with the proper working of the Service.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
- Otherwise attempt to interfere with the proper working of the Service.
Content Standards These content standards apply to any and all User Generated Content. User Generated Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Generated Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. However, we do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Remove or refuse to post any User Generated Content for any or no reason at our sole discretion.
- Take any action with respect to any User Generated Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Generated Content violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for CLIVE.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
- Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of the Terms of Service.
DMCA Notice of Alleged Infringement (“Notice”). The written Notice must include the substance of all the following information:
Deliver this Notice, with all items completed, to CLIVE’s Designated Copyright Agent: CLIVE Copyright Agent, River Spirit Music, LLC, P.O. Box 521, Hastings-on-Hudson, NY 10706 Telephone 203-249-2976 Email: email@example.com If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Provide your mailing address, telephone number and, if available, email address.
- Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
What if I receive a Copyright Complaint (DMCA) notification? If you receive a notification that a post has been removed due a copyright complaint, it means that the post’s content has been deleted from CLIVE at the request of the content’s owner. If you want us to forward the information from the Copyright Complaint notification, just reply to the notification to let us know. We will provide it to you (without any personal contact information). If your account receives too many copyright complaints, you may lose the ability to post new content on CLIVE, and your account may be disabled completely. If you believe a post was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we are allowed to remove the complaint from your account’s record, and we may replace the content that was removed. Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice:
- Email your counter-notice to firstname.lastname@example.org
- Include ALL of the following:
- Your name, address, and telephone number.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. If there is a reference ID or number in connection with the notice that was provided to you, include this in all subsequent correspondence.
- The source address of the content that was removed.
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which CLIVE may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
- A physical or electronic signature (for example, typing your full name).