terms of use agreement

PICK
ANOTHER
COUNTRY

1 August 2007

loadtheshow.com is owned by AfroCanvas Media, thus these two names are interchangeable.

Loadtheshow.com is a service designed to pay musicians for their music while users can download the music for free. This is facilitated by the sponsored ads on the loadtheshow.com website. The services offered by AfroCanvas Media CC and loadtheshow.com ("Loadtheshow.com" or "AfroCanvas Media" or "we") includes the loadtheshow.com website and any other features, content, or applications offered from time to time by Afrocanvas Media or Loadtheshow in connection with the loadtheshow Website (collectively, the "loadtheshow Services"). The loadtheshow Services are hosted in South Africa and Germany.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the loadtheshow Services. By using the loadtheshow Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the loadtheshow Website) or you are a "Member" (which means that you have registered with loadtheshow.com). The term "Member" refers to a Visitor, user or artist. The term "artist" refers to anybody that has agreed to distribute their music through the use of loadtheshow services. You are only authorized to use the loadtheshow Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the loadtheshow Website and discontinue use of the loadtheshow Services immediately. If you wish to become a Member, communicate with other Members and make use of the loadtheshow Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes loadtheshow.com's policy for acceptable use of the loadtheshow Services and Content posted on the loadtheshow Website, your rights, obligations and restrictions regarding your use of the loadtheshow Services and loadtheshow.com's Privacy Policy. In order to participate in certain loadtheshow Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the loadtheshow Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us.

Loadtheshow.com may modify this Agreement from time to time and such modification shall be effective upon posting by AfroCanvas Media on the loadtheshow Website. You agree to be bound to any changes to this Agreement when you use the loadtheshow Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on loadtheshow.com and that you provide to other Users. Your loadtheshow.com 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 loadtheshow.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and loadtheshow.com or AfroCanvas Media assumes no responsibility or liability for this material. If you become aware of misuse of the Loadtheshow Services by any person, please contact Loadtheshow or click on the "Report Inappropriate Content" link at the bottom of any loadtheshow.com page.

Loadtheshow.com (AfroCanvas Media) reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Loadtheshow Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility. Use of and Membership in the loadtheshow Services is void where prohibited. By using the loadtheshow 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 14 years of age or older; and (d) your use of the loadtheshow Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

Term. This Agreement shall remain in full force and effect while you use the loadtheshow Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the My Profile page. Loadtheshow.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-20.

Fees. You acknowledge that Loadtheshow.com reserves the right to charge for the loadtheshow Services and to change its fees from time to time in its discretion. If loadtheshow.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the money allocated for song downloads. For more information regarding fees contact us.

Holding money. Loadtheshow.com and AfroCanvas Media cc reserve the right to hold money for artists, publishers and record companies until such time as they have requested payment for their downloads. Loadtheshow.com and AfroCanvas Media cc reserve the right to retain earnings from holding monies as payment for the holding service. For more information regarding fees contact us.

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, or password of another Member at any time or to disclose your password to any third party. You agree to notify loadtheshow.com 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.

Non-commercial Use by Members. The loadtheshow Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by loadtheshow.com. Illegal and/or unauthorized use of the loadtheshow Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the loadtheshow Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the loadtheshow Services.

Proprietary Rights in Content on loadtheshow.com

Loadtheshow.com 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 loadtheshow Services. After posting your Content to the loadtheshow 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 loadtheshow Services, you hereby grant to loadtheshow.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the loadtheshow Services.

Without this license, loadtheshow.com would be unable to provide the loadtheshow Services. For example, without the right to modify Member Content, loadtheshow.com 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, loadtheshow.com could not allow Users to listen to music posted by Members. The license you grant to loadtheshow.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to loadtheshow.com), fully-paid and royalty-free (meaning that loadtheshow.com is not required to pay you for the use on the loadtheshow Services of the Content that you post), sublicensable (so that loadtheshow.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the loadtheshow Services), and worldwide (because the Internet and the loadtheshow Services are global in reach). This license will terminate at the time you remove your Content from the loadtheshow Services. The license grants loadtheshow the right to distribute the content provided with your consent through the means created by the loadtheshow.com services.

You represent and warrant that: (i) you own the Content posted by you on or through the loadtheshow 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 loadtheshow 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 loadtheshow Services.

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

The loadtheshow Services contain Content of members and other loadtheshow.com 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 loadtheshow Services.

Media Proprietary Rights. All right, title, and interest in and to the loadtheshow Services are and will remain the exclusive property of Afrocanvas Media, Loadtheshow and its licensors. The Services are protected by copyright, trademark, and other laws of both the Republic of South Africa and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services.

Media Trademarks. Loadthehow.com, the Loadtheshow logo, and all other loadtheshow trademarks, service marks, product names, and trade names of loadtheshow appearing on the Services are owned by AfroCanvas Media. All other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without the owner's prior written consent.

Content Posted.

loadtheshow.com (Afrocanvas media) may delete any Content that in the sole judgment of loadtheshow.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. loadtheshow.com (AfroCanvas Media) assumes no responsibility for monitoring the loadtheshow Services for inappropriate Content or conduct. If at any time loadtheshow.com chooses, in its sole discretion, to monitor the loadtheshow Services, loadtheshow.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Loadtheshow Services, and any material or information that you transmit to other Members and for your interactions with other members. loadtheshow.com does not endorse and has no control over the Content. Content is not necessarily reviewed by loadtheshow.com prior to posting and does not necessarily reflect the opinions or policies of loadtheshow.com. loadtheshow.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the loadtheshow Services. Loadtheshow.com reserves the right to investigate and take appropriate legal action against anyone who, in loadtheshow.com's sole discretion, violates this provision, including without limitation, removing the offending material from the loadtheshow Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of loadtheshow.com:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

harasses or advocates harassment of another person;

exploits people in a sexual or violent manner;

contains nudity, violence, or offensive subject matter or contains a link to an adult website;

solicits personal information from anyone under 18;

provides any telephone numbers, street addresses, last names, URLs or email addresses;

promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

includes a photograph of another person that you have posted without that person's consent; or

for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

advertising to, or solicitation of, any Member to buy or sell any products or services through the loadtheshow Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the loadtheshow Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the loadtheshow Services, you acknowledge that you will have caused substantial harm to loadtheshow.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay loadtheshow.com $50 for each such unsolicited email or other unsolicited communication you send through the loadtheshow Services;

covering or obscuring the banner advertisements on your personal profile page, or any loadtheshow.com page via HTML/CSS or any other means;

any automated use of the system, such as using script to automate downloads;

interfering with, disrupting, or creating an undue burden on the loadtheshow Services or the networks or services connected to the loadtheshow Services;

attempting to impersonate another Member or person;

copying the material of other loadtheshow members and embedding it into other profiles or asking other Members to embed it into their profiles;

using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

selling or otherwise transferring your profile;

using any information obtained from the loadtheshow Services in order to harass, abuse, or harm another person;

displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the loadtheshow Services on behalf of that person, such as placing commercial content on your profile; or

using the loadtheshow Services in a manner inconsistent with any and all applicable laws and regulations.

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. It is the policy of loadtheshow.com to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of proper notification to loadtheshow.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the loadtheshow Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the loadtheshow Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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. On receiving the relevant copyright information, loadtheshow.com will stop downloads pertaining to the disputing parties until the dispute has been dealt with appropriately. loadtheshow.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Loadtheshow.com, 12 McBrides Lane, Harfield Village, 7708, Cape Town, South Africa. Contact Us

Member Disputes. You are solely responsible for your interactions with other loadtheshow.com Members. Loadtheshow.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy. Use of the Loadtheshow Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers. Loadtheshow.com is not responsible for any incorrect or inaccurate Content posted on the loadtheshow Website or in connection with the loadtheshow Services, whether caused by Users of the loadtheshow Services or by any of the equipment or programming associated with or utilized in the loadtheshow Services. Profiles created and posted by Members on the loadtheshow Website may contain links to other websites. Loadtheshow.com 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 Loadtheshow.com. Inclusion of any linked website on the Loadtheshow Services does not imply approval or endorsement of the linked website by loadtheshow.com. When you access these third-party sites, you do so at your own risk. Loadtheshow.com takes no responsibility for third party advertisements which are posted on this Loadtheshow Website or through the loadtheshow Services, nor does it take any responsibility for the goods or services provided by its advertisers. Loadtheshow.com is not responsible for the conduct, whether online or offline, of any member of the Loadtheshow Services. Loadtheshow.com 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. Loadtheshow.com 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 Loadtheshow 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 Loadtheshow Services. Under no circumstances shall loadtheshow.com be responsible for any loss or damage, including personal injury or death, resulting from use of the loadtheshow Services, attendance at a loadtheshow.com event, from any Content posted on or through the loadtheshow Services, or from the conduct of any Users of the loadtheshow Services, whether online or offline. The loadtheshow Services are provided "AS-IS" and as available and loadtheshow.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Loadtheshow.com cannot guarantee and does not promise any specific results from use of the loadtheshow Services.

Limitation on Liability. In no event shall laodtheshow.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damaged arising from your use of the services, even if loadtheshow.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, loadtheshow.com's liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to loadtheshow.com for the loadtheshow services during the term of membership.

South African. Export Controls. Software available in connection with the loadtheshow Services (the "Software") is further subject to South African export controls. No Software may be downloaded from the loadtheshow Services or otherwise exported or re-exported in violation of South African export laws. Downloading or using the Software is at your sole risk.

Disputes. If there is any dispute about or involving the loadtheshow Services, you agree that the dispute shall be governed by the laws of the Republic of South Africa without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in Cape Town South Africa. Either loadtheshow.com or you may demand that any dispute between loadtheshow.com and you about or involving the loadtheshow Services must be settled by arbitration utilizing the provision of the Arbitration Act No. 42 of 1965. If the parties cannot agree upon the choice of a single arbitrator, each of them shall be entitled to choose an arbitrator.

Indemnity. You agree to indemnify and hold loadtheshow.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the loadtheshow Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the loadtheshow Website or through the loadtheshow Services causes loadtheshow.com to be liable to another.

Other. This Agreement is accepted upon your use of the loadtheshow Website or any of the loadtheshow Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and loadtheshow.com (AfroCanvas Media) regarding the use of the loadtheshow Services. The failure of loadtheshow.com 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. loadtheshow.com is a trademark and owned by AfroCanvas Media cc. 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.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

advertise \| terms of use \| privacy policy \| report inappropriate content \| site map
share this page: del.icio.us Digg facebook google muti newsvine Reddit stumbleupon yahoo