Terms_of

The following constitutes in its entirety the agreement between Independent Artists Company and KIAC, and the users in any respect of any or all aspects of IndependentArtistsCompany.com, its subordinates, extensions, and affiliates. The terms hereof shall be in effect irrespective of users’ familiarity with them. A link hereto on the home page of IndependentartistsCompany.com, serves as incorporation by reference in all aspects of the site, its subordinates, extensions, and affiliates. Use of the site, including but not limited to the submission/upload of any material to Independent Artists Company and KIAC, constitutes explicit confirmation that the user has read, understood, and agreed to the all terms heretofore and hereunder.

The term User refers to you, the artist, listener, or any other person, group, entity, or undertaking, making use of the various aspects of Independent Artists Company and KIAC.

User has the right to terminate this agreement and all licenses granted to Independent Artists Company & KIAC at any time.

If User provides Independent Artists Company & KIAC with sound recordings, musical works and/or other material (such as pictures, song lyrics, etc.) the following terms apply:

The User/artist/songwriter/publisher and/or current holder of rights of course retains those rights including ownership of the copyrights and all other rights in User’s songs, subject to the nonexclusive and terminable rights granted to Independent Artists Company & KIAC under this agreement.

User hereby grants to Independent Artists Company & KIAC a nonexclusive, worldwide, royalty-free license to: reproduce upon User's request, distribute via User's artist page or other site pages, stream, publicly display and digitally perform the material in whole or in part; create and use samples of the material solely for the purpose of demonstrating or promoting our or User’s products or services; use any trademarks, service marks or trade names incorporated in the material in connection with User’s material; and use the name and likeness of any individuals represented at Independent Artists Company and KIAC only in connection with User’s material.

User warrants that it holds appropriate rights and/or necessary permissions for any songfiles, station IDs, commercials, DJ comments, or other soundfiles, uploaded to artist pages or station pages.

User represents and warrants that it holds appropriate rights and/or necessary permissions to place an artist page on the site in the name(s) selected, and further, that all music or other works of art uploaded to the site are the original product in conception and execution of the named entity, or that user holds explicit mechanical license to perform/record said works; and that the works do not violate any law or regulation; and that the works are not defamatory, libelous, pornographic or obscene; and that the works do not and contain any viruses or programming.

User represents and warrants that all factual assertions that User makes to Independent Artists Company & KIAC are true, accurate, and complete.

User warrants that it holds appropriate rights and/or necessary permissions for songs listed on Independent Artists Company & KIAC which are not actually uploaded to the site but rather are “deep-linked” to content on another site.

Termination: User may terminate this agreement at any time by so notifying Independent Artists Company & KIAC; the agreement will terminate upon our actual receipt of such notice. Independent Artists Company & KIAC have the right to refuse service to anyone. Independent Artists Company & KIAC may terminate this agreement at any time without notification. Upon termination, all of our license rights terminate.

User will be held liable for any and all costs and expenses (including legal fees) incurred by Independent Artists Company and KIAC as a result of User’s unauthorized use of copyrighted materials. User agrees to indemnify and hold Independent Artists Company & KIAC and our customers harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to User’s breach of the representations and warranties described in this section.

Disclaimer: User agrees that use hereof is at user’s risk. Website, forums, documents and related products and services are provided on an "as is" and "as and if available" basis. IAC and KIAC make no representation or warranty with regard to websites, forums, documents and related products whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. In addition, Independent Artists Company and KIAC make no representation that the operation of the website or forums will be uninterrupted or error-free. Independent Artists Company and KIAC will not be liable for the consequences of any interruptions, outages, errors, or sub-optimal performance. Independent Artists Company and KIAC will not be liable for any loss or damage caused by user’s reliance upon information obtained through the website, forums, documents and related products and services, other than as required under applicable consumer protection law. Some jurisdictions do not allow the disclaimer of certain warranties or limitation of certain types of damages, so some of the above disclaimer may not apply to user and nothing contained herein should be construed as excluding or limiting any liability beyond what is permitted under applicable law.

This agreement sets forth the entire agreement of the parties. From time to time, Independent Artists Company & KIAC may change this agreement. Modifications will be effective when they are posted and User’s consent thereto shall be effective in the absence of notification to the contrary.

Forum Registration Agreement Terms: While the administrator and moderators of the forums will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore User acknowledges that all posts made to the forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.

User agrees that the administrator and moderators of the forums have the right to remove, edit, move or close any message, image, titles song chart entries, signatures, or topic at any time should they see fit. User agrees that the Administrator has the right to ban User without notice if he feels that User’s behavior is inappropriate and/or for violation of any of the rules at Independent Artists Company and KIAC.