PLEASE READ CAREFULLY before accessing or using any of the widgets and/or products (“fan services”) made available by Widget.fm / Hydroshare, Inc. (“Widget.fm” or “we”) on or through this or any other website. (By using any of
the fan services, each individual user (“you”) accepts and agrees to the terms in this agreement (“fan terms”). Widget.fm reserves the right to make changes to its website, rules and policies, modify or discontinue portions of the fan services for a particular Uploader or all of the Uploaders, or change its pricing policy and/or these fan terms at any time. It is your responsibility to check the fan terms periodically for changes. Your continued use after any changes have been posted constitutes your acceptance of those changes.
1. What Are the Fan Services and these Fan Terms?
We are dedicated to helping Uploaders make their Files and content (audio, video, images, etc.) available to their fans through the Fan Services. Each Uploader provides its own files our website, which means that each Uploader can also include its own terms and conditions regarding its distinct File offerings. If any Uploader’s terms and conditions are inconsistent with the Fan Terms, the Fan Terms will control. Where the fans are outside the U.S., we operate as the disclosed agent of the artists, acting in their name and on their behalf in providing the Fan Services.
2. What Other Policies or Terms Apply to Your Use of the Fan Services?
The Fan Services may be located and/or include links to other third party websites and other websites that may contain links to Widget.fm. Those other third party websites are not under Widget.fm’s control, so You use them at Your own risk. Widget.fm is not responsible or liable for any aspects, functions, legalities, or accuracies of such websites, and the inclusion of any link to a third party website does not imply any endorsement by Widget.fm. Accordingly, Widget.fm is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with such third party websites.
3. Do You Have to Do to Register for Fan Services?
Some of the features of the Fan Services will require You to enter an email address with Widget.fm. Based on the specifications of the Uploader, this personal information may be made available to the Uploader and Widget.fm, or in the alternative, exclusively to the Uploader for the purposes of newsletter subscription. This personal information will not be used for third party SPAM of any kind, or any other purpose other than for inclusion in the afore mentioned Uploader or Widget.fm newsletter list.
4. Are You Eligible to Use the Fan Services?
Widget.fm does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If You are under 13, please do not attempt to register for Fan Service or send any information about Yourself to Widget.fm. If we believe or determine that You are under 13, we will terminate Your right to access any part of this website for Fan Services that require registration. This provision and the right to access Fan Services is void where prohibited by law.
6. Prohibited Activities
In using the Fan Services, you agree not to:
- Take any action or use, submit or distribute any text, media, materials, or other content (together, “Content”) on or through the Fan Services that infringes any third-party intellectual property or other right; is unlawful, threatening, harassing, defamatory, obscene or offensive; constitutes unauthorized or unsolicited advertising, crawling, spidering, or spamming; or interferes with or manipulates the Fan Services or Widget.fm’s or any artist’s billing process, security, infrastructure, access restrictions, price or offering.
- Decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Fan Services
- Modify, translate, or otherwise create derivative works of any part of the Fan Services
- Use or otherwise transfer any of the rights that You receive for the benefit of a third party
- Violate any applicable laws and regulations or these Fan Terms.
- Copy or store any content for other than personal, noncommercial use
9. What Other Legal Terms Apply to the Fan Services?
Warranty Disclaimer and Limitation of Liability- To the full extent permissible by applicable law, the Fan Services and Content is provided “As Is” and “As Available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, or that the Fan Services will be uninterrupted or error-free. Your use of the Fan Services is solely at Your own risk. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not
apply to You.
To the full extent permissible by applicable law, Widget.fm is not responsible for any users’ actions. In no event shall Widget.fm, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort,
strict liability, negligence or any other legal or equitable theory with respect to the Fan Service or any other subject matter of these Fan Terms (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, consequential damages of any kind whatsoever, or substitute goods or services, (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00), or (iv) for any matter beyond its reasonable control.
Indemnification – You shall indemnify and hold harmless Widget.fm, its affiliates and their employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, expenses, and reasonable attorneys’ fees, that arise from or relate to Your, (i) violation of third party intellectual property or other rights, (ii) violation of applicable laws, rules or regulations, (iii) Your use of the Fan Service. Widget.fm shall have the option to assume the exclusive defense and control of any action to which it is a party and You shall assist Widget.fm in asserting any available defenses.
Jurisdiction and Dispute Resolution – The Fan Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Any dispute arising from or relating to the subject matter of these Fan Terms shall be finally settled by arbitration in New York State using the English language in accordance with the rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one JAMS arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award so rendered may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, each party may seek injunctive or other equitable relief in any court of competent jurisdiction at any time.
Other Terms – These Fan Terms are the entire agreement between You and Widget.fm with respect to the Fan Service, and supersede all prior or contemporaneous communications and proposals between You and Widget.fm with respect to the Fan Service. If any provision of the Fan Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Fan Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Fan Terms are personal to You, and are not assignable, transferable or sublicensable by You except with Widget.fm’s prior written consent. Widget.fm may freely assign, transfer or delegate any of its rights and obligations hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of the Fan Terms and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices will be deemed to have been duly given, when received.