1. Your Acceptance
2. The Sutros Website
B. The content on Sutros, except all user-submitted content, including without limitation, the text, scripts, graphics, photos, sounds, music, and the like are owned by or licensed to Sutros, subject to copyright and other intellectual property rights under the law. Content on Sutros is provided "as is" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sutros reserves all rights not expressly granted in and to the website and the content, unless expressly permitted by the Creative Commons license with which it is published.
C. You agree not to alter or modify any part of the website.
E. You agree not to use Sutros for any commercial use without prior written authorization. Prohibited commercial uses include the sale of access to Sutros or its related services on another website and the use of Sutros or its related services for the primary purpose of gaining advertising or subscription revenue. Prohibited commercial uses do not include: uploading an original song to Sutros to promote your business or artistic enterprise; embedding songs from Sutros on an ad-enabled blog or website, provided the primary purpose of referencing that song is not to gain advertising revenue or to compete with Sutros; or any use that Sutros expressly authorizes in writing.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of Sutros or features that enforce limitations on use of the website or the User Submissions therein.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses Sutros in a manner that sends more request messages to the Sutros server in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. However Sutros does grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sutros reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website (e.g. reviews, email) for any commercial solicitation purposes.
H. Sutros reserves the right to discontinue or disable any aspect of the website at any time.
3. General Use
Sutros provides a range of services free of charge, some of which are reserved for account members only. These services allow you to:
• Upload and share your music;
• Post a public profile, including your bio, photos, videos, event calendar, press clippings and your contact information;
• Listen to user-submitted content by streaming or downloading it in MP3 format;
• Organize music into playlists;
• Embed music on other websites;
• Submit listener reviews and rate all of the music on the site.
You will have to create an account to access some features of Sutros. Also, keep in mind the following conditions:
A. You may never use another's account without permission. When creating your own account, you must provide accurate and complete information.
B. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sutros immediately of any breach of security or unauthorized use of your account.
C. Although Sutros is not liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sutros or others if you allow unauthorized use.
5. User Content
A. As a Sutros account holder you may submit content known as "User Content," including including text, information, data, tags, hyperlinks, music, photographs and drawings. You understand that whether or not such User Content are published, Sutros does not guarantee any confidentiality with respect to any User Content.
B. You are solely responsible for your own User Content and the consequences of posting or publishing them. You must not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sutros all of the license rights granted herein.
C. To be clear—you retain all of your ownership rights in your User Content. However, by contributing User Content to Sutros, you grant Sutros a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Sutros website and the Sutros (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of Sutros (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of Sutros a non-exclusive license to access your User Content through the website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the website and under these Terms of Service. Sutros may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
D. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Sutros Community Guidelines, which may be updated and may be contrary to applicable local, national, and international laws and regulations.
E. Sutros does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sutros expressly disclaims any and all liability in connection with User Content. Sutros does not permit copyright infringing activities and infringement of intellectual property rights on its website and will remove if properly notified all content and User Submissions that infringes on another's intellectual property rights. Sutros reserves the right to remove and content and User Content without prior notice.
6. Use of Content
A. User Content are made available pursuant to a Creative Commons license identified by an icon on each Song Page. By clicking on that icon, listeners are advised of the conditions under which the contributing artist and Sutros authorizes use of the song.
B. You agree to refrain from infringing on artists' intellectual property rights, including any use, copying, or distribution of User Content for any commercial purposes without obtaining prior consent from the artist.
C. User comments and reviews are made available "as is" for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Sutros service or otherwise as prohibited under this Agreement.
D. You understand that when using Sutros, you will be exposed to User Content from a variety of sources, and that Sutros is not responsible for the intellectual property rights of or relating to such User Content. Some User Content may be offensive, indecent, or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against Sutros with respect thereto, and agree to indemnify and hold Sutros, its owners, operators, affiliates or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
7. Account Termination Policy
A. Sutros will terminate a User's access to the site if they are determined to be a repeat infringer.
B. Sutros reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material or excessive length. At any time and without prior notice, Sutros may remove such content and/or terminate a User's access for uploading such material in violation of these Terms of Service.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on Sutros infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Copyright Agent to receive notifications of claimed infringement for Sutros is: Catherine McGettigan, 3288 21st Street #185, San Francisco, CA 94110, email: email@example.com. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Sutros customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
If you believe that your User Submission that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Sutros may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF SUTROS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SUTROS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SUTROS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SUTROS WEBSITE. SUTROS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SUTROS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SUTROS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL SUTROS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SUTROS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SUTROS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The website is controlled and offered by Sutros from its facilities in the United States of America. Sutros makes no representations that the website is appropriate or available for use in other locations. Those who access or use Sutros from other jurisdictions do so at their own volition and are responsible for compliance with local law.