PLUS ARTIST & LICENSOR REGISTRY SEARCHER’S TERMS OF US Close Window
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE
1.1 We are pleased to provide you with access to The Artist & Licensor Registry (the Registry) under the Terms of Use, any amendments to the Terms of Use, and operating rules and policies (collectively, the Terms of Use). We reserve the right, at our discretion, to change, modify, add or remove all or part of the Terms of Use at any time. But if we do make changes, we will notify you by posting a message on the Registry, or sending a message to you via e-mail.
1.2 By accepting the Terms of Use, you warrant that (a) you have provided accurate, complete and current information as prompted by the registration form upon submitting your registration, (b) you will maintain and update your e-mail address to keep it accurate, complete and current, (Failure to do so may result in termination of your account.), and (c) the information provided is your own or warrant, under penalty of law, that you are the duly authorized agent of the identified user’s information.
1.3 BY PROCEEDING WITH A SEARCH OF THE REGISTRY, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF USE. If these terms and conditions or any future changes are unacceptable to you, or cause you no longer to be in compliance with the Terms of Use, you may cancel your account by sending an e-mail to: info@useplus.org
2. REGISTERED USERS
2.1 You warrant that you will maintain only one (1) active registered account. If you reach the maximum allowed searches of ten (10) in any one calendar month, you will not create an additional account to avoid payment for use of the Registry. If you do create or use an additional account, or if multiple accounts are used by your company to avoid payment for use of the Registry, you and your company will be permanently barred from using the Registry.
2.2 You warrant that the information obtained from the Registry will not be distributed to third parties, nor will it be used for soliciting artists or licensors.
3. DISCLAIMER OF WARRANTIES AND LIABILITY
3.1 The Registry is provided AS IS and AS AVAILABLE, without warranty of any kind.
3.2 THE REGISTRY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE INFORMATION AVAILABLE THROUGH THE REGISTRY; (B) ANY WARRANTIES THAT THE REGISTRY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
3.3 PLUS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE REGISTRY, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE INFORMATION. IN NO EVENT WILL PLUS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. PLUS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE REGISTRY.
4. INDEMNIFICATION: You agree to indemnify and hold PLUS, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Registry, the violation of these Terms of Use by you, or the infringement by you, or other user of the Registry using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
5. TERMINATION
5.1 You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Registry for any reason, including, without limitation, breach of the Terms of Use or any subsequent modifications, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. The Registry shall not be liable to you or any third party for the termination of service or any claims related to the termination of service.
5.2 Should you object to any terms and conditions of these Terms of Use or any subsequent changes to the terms and conditions or become dissatisfied with the Registry in any way, your only recourse is to immediately: (1) discontinue use of the Registry; (2) terminate your account; and (3) notify the Registry of termination by sending an e-mail to: info@useplus.org . Continued use of the Registry is an acceptance of the Terms of Use and any subsequent changes.
6. LAWS
6.1 The Terms of Use are governed by and construed in accordance with the laws of the State of New York and the intellectual property laws of the United States, and you agree to submit to the personal jurisdiction of the courts of the state of New York for any for any cause or action arising out of or relating to the Registry or these Terms of Use.
6.2 You agree that any cause of action arising out of or related to the Registry must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
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