ONE SOURCE ENTERTAINMENT, LLC
ACCEPTABLE USE POLICY
One Source Entertainment, LLC, a Tennessee limited liability company (“One Source”) offers access to information about musicians, musical performances, and venues (the “Service”) to members of the public who agree to abide by this Acceptable Use Policy (the “Policy”) as it may be amended from time to time by One Source. The Policy consists of four parts: (1) a Disclaimer, (2) a Hold Harmless Agreement, (3) an Acceptable Use Agreement, and (4) a Dispute Resolution Agreement. By registering onto the Service, you acknowledge that you have read the Policy, and that you agree to abide by the Policy.
IF YOU ARE UNDER AGE EIGHTEEN (18), YOU MUST HAVE A PARENT OR LEGAL GUARDIAN REGISTER ONTO THE SERVICE ON YOUR BEHALF. BY CLICKING THE I have read and understand the Terms and Conditions for using this site” CHECK BOX, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THAT YOU HAVE HAD A PARENT OR LEGAL GUARDIAN REGISTER ONTO THE SERVICE ON YOUR BEHALF.
1. DISCLAIMER
One Source is located in the State of Tennessee and posts information about musicians, musical performances, and venues on an Internet website (www.GetOutToLiveMusic.com) accessible to individuals who may be interested in such information. Because the Internet is a global network of ungoverned and unregulated information, One Source is not responsible for the content, validity, accuracy, or currency of any information found on the Internet. There is information available on the Internet that you may find controversial, inappropriate, or offensive (collectively, “Objectionable”). One Source does not exercise editorial review over any Internet content. It is your responsibility not to view sites or materials you deem as Objectionable. One Source can not protect you from information you may find Objectionable or from Objectionable material produced, published, transmitted, posted, downloaded, or uploaded solely because of the acts or omissions of other users.
One Source makes no claims, warranties, or guarantees about the security capabilities of the Service. One Source can not and does not guarantee the privacy of personal information made available or accessible via the Internet. Transactions, files, and personal and/or private information may become public. One Source may cooperate with all lawful requests for information.
2. HOLD HARMLESS AGREEMENT
YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN ACCESSING THE INTERNET AND USING THE SERVICE. BY CLICKING THE “I have read and understand the Terms and Conditions for using this site” CHECK BOX AND REGISTERING ONTO THE SERVICE, YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS, RELEASE AND FOREVER DISCHARGE ONE SOURCE AND ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS FROM AND AGAINST ANY LIABILITIES, DAMAGES, ACTIONS, CAUSES OF ACTION, CLAIMS, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION LEGAL FEES AND EXPENSES) ARISING OUT OF OR WITH RESPECT TO ANY INJURY, HARM DAMAGE OR LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SERVICE. DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS RESULTING FROM POWER INTERRUPTION, COMPUTER VIRUSES, CORRUPTED FILES, HARDWARE FAILURE OR DEFECTS, SOFTWARE FAILURE OR DEFECTS, GENERAL EQUIPMENT FAILURE, OR DATA LOSS FOR ANY REASON. THIS HOLD HARMLESS AGREEMENT SPECIFICALLY INCLUDES CLAIMS INVOLVING OR ASSERTING ORDINARY NEGLIGENCE.
IF A PARENT OF LEGAL GUARDIAN IS REGISTERING ONTO THE SERVICE ON BEHALF OF A MINOR, THE PARENT OR GUARDIAN OF THE MINOR CHILD ACKNOWLEDGES THAT HE/SHE HAS GRANTED HIS/HER PERMISSION TO THE MINOR CHILD’S USE OF THE SERVICE. THE PARENT OR GUARDIAN THEREBY AND HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS, RELEASE AND FOREVER DISCHARGE ONE SOURCE AND ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS FROM AND AGAINST ANY LIABILITIES, DAMAGES, ACTIONS, CAUSES OF ACTION, CLAIMS, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION LEGAL FEES AND EXPENSES) ARISING OUT OF OR WITH RESPECT TO ANY INJURY, HARM, DAMAGE OR LOSS SUFFERED AS A RESULT OF THE MINOR CHILD’S USE OF THE SERVICE. DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS RESULTING FROM POWER INTERRUPTION, COMPUTER VIRUSES, CORRUPTED FILES, HARDWARE FAILURE OR DEFECTS, SOFTWARE FAILURE OR DEFECTS, GENERAL EQUIPMENT FAILURE, OR DATA LOSS FOR ANY REASON. THIS HOLD HARMLESS AGREEMENT SPECIFICALLY INCLUDES CLAIMS INVOLVING OR ASSERTING ORDINARY NEGLIGENCE. WITH RESPECT TO THE PARENTS OR GUARDIANS OF MINOR CHILDREN REGISTERING ONTO THE SERVICE ON BEHALF OF A MINOR CHILD, THIS HOLD HARMLESS AGREEMENT IS LIMITED TO CLAIMS WHICH ARE THE RIGHT OF THE PARENT OR GUARDIAN BUT INCLUDES CLAIMS DERIVATIVE OF ANY HARM SUFFERED BY THE MINOR CHILD.
3. ACCEPTABLE USE AGREEMENT
By clicking the “I have read and understand the Terms and Conditions for using this site” check box and registering onto the system, you hereby enter into this Acceptable Use Agreement by and between you and One Source (the “Agreement”). You agree to use the Service only for lawful purposes. Transmission, distribution, publication, sale, or storage of any material in violation of any applicable federal, state or local law or regulation is strictly prohibited. One Source reserves the right to terminate your usage of the Service if One Source in its sole discretion determines that such usage violates applicable law or the terms and conditions of the Agreement. The following is a non-exhaustive list of activities that are violations of the Agreement. There may be other activities that violate the Agreement. Without limitation, you have breached the Agreement if you use the Service to engage in any of the following activities:
(a) Offensive Materials. Transmission, dissemination, sale, display, publication, uploading or downloading, storage or hosting of material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, prurient, harassing, threatening, tortuous, harmful, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or otherwise objectionable, whether or not the activity has any serious literary, artistic, political, or scientific value.
(b) Exploitation of Minors. Using the Service to harm, to exploit, or to compromise the health, safety, or security of minors in anyway. Such prohibited use includes, but is not limited to, displaying obscene materials to minors or obscene materials containing minors or depictions of minors or any acts prohibited by Tennessee Code Title 38, Chapter 17, Part 9. Such prohibited use also includes, but is not limited to, giving a minor private information about one’s self or others or arranging a face-to-face meeting with a minor via the Service without a parent or legal guardian’s permission.
(c) Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, service mark, patent, trade secret, trade dress, or any other intellectual or proprietary right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, code, articles, musical works, and videos. It also constitutes infringement to resell the Service without written authorization to do so from One Source.
(d) Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, unregistered sales of securities, or securities fraud), or furnishing false data on any sign-up form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Service, including without limitation use of credit card numbers.
(e) Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancel bots or any other computer programming routines or codes that may damage, interfere with, surreptitiously intercept or expropriate any computer software, hardware, telecommunications equipment, data or personal information.
(f) Interference. The following constitute prohibited interference:
(i) using the Service to transmit any solicited commercial e-mail or unsolicited bulk e-mail (spam) or using deliberately misleading headers in e-mails sent to multiple parties;
(ii) using the Service to access or attempt to access the accounts of others, or to penetrate or attempt to penetrate security measures of One Source Entertainment or any other computer software, hardware, electronic communications system or telecommunications system, whether or not resulting in disruption of service or the corruption or loss of data;
(iii) violating or not complying with any requirements, procedures, policies or regulations of any networks connect to the Service;
(iv) using the Service to collect or attempt to collect personal information about another person without that person’s knowledge or consent;
(v) using the Service for high volume data transfers, including in particular but without limitation sustained high volume data transfers or using the Service to host a server, including without limitation to host a web server.
VIOLATION OF ANY OF THE TERMS OF THE AGREEMENT ARE STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICE YOU RECEIVE FROM ONE SOURCE. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICE AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICE. AT ITS SOLE DISCRETION ONE SOURCE MAY PURSUE ITS RIGHTS UNDER THIS AGREEMENT AGAINST THOSE VIOLATING THE AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE.
4. DISPUTE RESOLUTION AGREEMENT
YOU ACKNOWLEDGE:
1. THE LAWS OF THE STATE OF TENNESSEE GOVERN THE POLICY AND THE AGREEMENTS BETWEEN YOU AND ONE SOURCE ENTERTAINMENT.
2. YOU HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND, IF APPROPRIATE, THE FEDERAL COURTS LOCATED IN HAMILTON COUNTY, TENNESSEE.