PLEASE READ THE AGREEMENT BELOW CAREFULLY
This Agreement describes the legal relationship between You (Subscriber), an approved employee of an FCC licensed radio station, a working DJ, a record pool or syndicated radio affiliate and AirplayAccess dba Backstage Entertainment the owner and operator of the web site located at the root URL airplayaccess.com and spinstrackingsystem.com (the “Websites”)
AirplayAccess.com will digitally deliver promotional music and promotional information regarding the recording artist’s featured, (collectively, “Materials” using a password-protected client environment via the Internet by access from the Websites, to any authorized radio airplay reporter/non-reporter “Subscribers” for promotional review of the Materials for airplay consideration. Additional service fees may apply for requests made to have music uploaded by AirplayAccess (contact AirplayAccess).
TERMS AND CONDITIONS OF USE:
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE, MATERIALS OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
1. Grant: AirplayAccess.com/Backstage Entertainment via STS grants to You a non-exclusive, non-transferable, license to review and download Materials on the Websites for broadcast purposes only. Except as set forth here, no title, rights or license to any software, documentation, hardware, or any intellectual property embodied or used in connection with the Materials, or the Websites are transferred to You.
2. Modification of Terms and Conditions: AirplayAccess.com/Backstage Entertainment may modify these Terms and Conditions from time to time in its sole discretion. When such modification is made, Backstage Entertainment will post a revised version of these Terms and Conditions on the Websites. Modifications will be effective when they are posted. airplayaccess.com/Backstage Entertainment is not required to provide You with notification that any such modification has been made. It is Your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.
3. Term and Termination: The Agreement is for an ongoing term, not specific in length, which may be terminated by either party without written notice. If airplayaccess.com/Backstage Entertainment believes You are misusing your access to the Websites or that your Password/Login information has been stolen, this Agreement will be terminated immediately. Upon termination of this Agreement, all of Your license rights terminate
4. Territory: United States of America.
6. Delay: AirplayAccess.com/Backstage Entertainment shall not be responsible for delay in posting of Materials to the Website or your inability to review or download Materials, due to any reason, including, without limitation, acts of God, Your actions, a Content Provider’s actions, rescheduling due to priorities or governmental acts, regulations or requests, fire, accident, strike, slowdown, war, riot, or delay in transportation.
7. Subscribers: Subscribers are Program Directors, Music Directors, Production Directors, DJs, Syndicated radio shows, record pools, remixers and mixers of FCC-licensed radio stations. Information provided by potential subscribers shall be verified. Upon verification, the Subscriber will receive a password to access the Materials on the Websites. Each password is only viable in a single IP environment. This means that a Subscriber can only access the Website with his password from one computer per use and not simultaneously.
8. Copyright/Trademark/Intellectual Property Ownership:
The Content Providers retain ownership of any and all copyright, trademark, publicity, privacy and/or any other intellectual property rights they may have in the Materials. Backstage Entertainment retains ownership in the Websites and any underlying programming, object code, source code, scripting, designs or systems therein. All airplayaccess.com/Backstage Entertainment Website design, text, graphics (including button icons and images, but excluding Materials) the selection and arrangement thereof, and all airplayaccess.com/Backstage Entertainment software and programming are Copyright © 2017 Backstage Entertainment/STS/Spins Tracking System/ AirplayAccess.com and the stylized versions thereof, are trademarks of Backstage Entertainment.
9. Warranty/Indemnification: You warrant that (a) You have the full right and power to enter into and perform this Agreement, and have secured all third-party consents, licenses and permissions necessary to enter into and perform this Agreement; (b) all factual assertions that You have made and will make to Backstage Entertainment are true and complete; (c) Your use of the Websites and the Materials, does not and will not violate any law, statute, ordinance or regulation.
You agree to indemnify and hold AirplayAccess.com/Backstage Entertainment, our officers, directors, members, employees, agents, licensees harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to all demands, claims and causes of action arising from Your breach or alleged breach of the representations and warranties described in this Section. Pending the resolution of a claim related thereto, Backstage Entertainment should have the right to terminate this Agreement without notice. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate airplayaccess.com/Backstage Entertainment’s rights under this Agreement.
10. Notifications of Infringement: Upon receipt of notice, AirplayAccess.com/Backstage Entertainment will act expeditiously to remove or disable access to any Material claimed to be infringing or claimed to be the subject of infringing activity, and airplayaccess.com/Backstage Entertainment will act expeditiously to remove or disable access by Subscribers to the Material subject to the infringement claim.
11. LIMITED WARRANTY: THE WEBSITES AND THE SERVICES OFFERED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, airplayaccess.COM/BACKSTAGE ENTERTAINMENT DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE. AIRPLAYACCESS.COM MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. AirplayAccess.com/Backstage Entertainment does not warrant the accuracy of the information provided by the Content Providers and/or posted on the Website. Nor do they warrant that the Materials are appropriate for review by all Subscribers.
EXCEPT FOR DAMAGES RELATED TO A BREACH OF THE SECTION TITLED “WARRANTIES/INDEMNIFICATION” NEITHER YOU NOR AirplayAccess.com/BACKSTAGE ENTERTAINMENT WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, STATUTORY OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT.
12. Notices: Notices or communications under this Agreement shall be sent by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the following addresses: (a) if to AirplayAccess.com/Backstage Entertainment, such notices shall be addressed to staff @ backstageentertainment.net, (b) if to You, such notices shall be addressed to the email address you provided when you subscribed to the Websites.
13. Choice of law/jurisdiction/venue: The Agreement shall be governed by and construed in accordance with, and all legal issues arising from or related to either party’s use of, or participation in the Website or Materials shall be determined by the laws of the State of Tennessee without regard to that State’s conflict-of-law provisions. The State and Federal courts of Tennessee shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to the Agreement or the subject matter hereof. You consent to personal jurisdiction and venue in the appropriate court in Davidson County, Tennessee.
14. Miscellaneous: AirplayAccess.com/Backstage Entertainment’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. All headings in the Agreement are for convenience only and shall have no legal or contractual effect. You agree that AirplayAccess.com/Backstage Entertainment and You are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture or agency relationship. This Agreement shall be binding upon and inure to the benefit of the parties hereto and there respective heirs, successors and assigns. Each provision of this Agreement shall be severable from every other provision of this Agreement for the purpose of determining the legal enforceability of any specific provision.
15. Entire Agreement: This Agreement sets forth the entire understanding and agreement of the parties as to this Agreement’s subject matter and supersedes all prior proposals, discussions or agreements with respect to such subject matter.
IF YOU AGREE TO BE BOUND BE THESE TERMS AND CONDITIONS PLEASE SELECT AGREEING TO TERMS OF SERVICE AND COMPLETE YOUR ORDER.