ReviewArtists.com (also herein identified as ReviewArtists) is a site designed to allow unsigned Bands/Artists to connect with their fans and, in turn, allow fans to review Bands/Artists in the community and vote for Bands/Artists who are selected and featured for a specified time. The site also serves as a social networking service for registered members (Fans) who want to connect with each other. Each month, a registered member (Fan) of the site or a visitor (Visitor) to the site is allowed to vote for an unlimited amount of times for their favorite Bands/Artists and the winning Band/Artist is subsequently showcased as the Spotlight Band/Artist for the following month. ReviewArtists is a wholly-owned website of GreatArk, Inc.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the ReviewArtists Services. As a user of ReviewArtists Services, you agree to be bound by this Terms of Use Agreement, regardless of your participation as a “Visitor” (identified as someone who is browsing the site) or a “Registered Fan” (identified as someone who has registered as a Fan on ReviewArtists). As a “User”, you are identified as a Visitor or a Registered Fan. Authorization as a User of ReviewArtists implies that, regardless of whether your access or use is intended, you agree to comply with all applicable laws and to this Agreement. Read and review this Agreement carefully and save it. If you do not agree to this Agreement, you should leave the ReviewArtists website and discontinue any and all use of the website immediately. To become a Registered Fan, you will be required to read this Agreement and offer your acceptance of this Agreement during the process of registration.

This Agreement includes ReviewArtists.com’s policy for acceptable use of the ReviewArtists Services and Content posted on the ReviewArtists website as well as your rights, obligations and restrictions regarding your use of the ReviewArtists Services and ReviewArtists.com’s Privacy Policy.

ReviewArtists.com reserves the right to make changes to this Agreement as deemed necessary. Any changes made will become effective at the time these changes are posted to the ReviewArtists.com Website and you agree to be bound to changes in the Agreement when using ReviewArtists Services after these changes are made. It is recommended that you check for modifications to the Agreement on a regular basis in order to be aware of any new updates.

Please choose the information you post on or through the ReviewArtists Services and that you provide to others. Your ReviewArtists profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other ReviewArtists users (ex, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and ReviewArtists assumes no responsibility or liability for this material. If you become aware of misuse of the ReviewArtists Services by any person, please click on the “Support Link” at the bottom of the ReviewArtists Website pages.

ReviewArtists reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the ReviewArtists Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. ReviewArtists expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the ReviewArtists Services if ReviewArtists determines, in its sole discretion, that you have violated this Agreement or pose a threat to ReviewArtists and/or its Users. ReviewArtists reserves the right to determine bands/artists to be featured on the site for voting purposes. ReviewArtists reserves the right to add or remove featured bands at any time, for any or no reason.

1. Eligibility.

Use of the ReviewArtists Services and registration to be a User for the ReviewArtists Services (“Membership”) is void where prohibited. By using the ReviewArtists 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 18 years of age or older or if you are under 18, we will assume that you have been given parental permission to utilize this site; (d) your use of the ReviewArtists 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 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Term.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the ReviewArtists Services or are a member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. ReviewArtists may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.

3. 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 ReviewArtists 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.

4. Use by Members.

The ReviewArtists Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by ReviewArtists. ReviewArtists reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the ReviewArtists Services, including collecting usernames, user ID numbers, 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 ReviewArtists Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. ReviewArtists reserves the right to take appropriate legal action for any illegal or unauthorized use of the ReviewArtists Services.

5. Proprietary Rights in Content on ReviewArtists.

5.1 ReviewArtists does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the ReviewArtists Services. After posting your Content to the ReviewArtists Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the ReviewArtists Services, you hereby grant to ReviewArtists a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or thorough the ReviewArtists Services, including without limitation distributing part or all of the ReviewArtists Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the ReviewArtists Website. This limited license does not grant ReviewArtists the right to sell or otherwise distribute your Content outside of the ReviewArtists Services. After you remove your Content from the ReviewArtists Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the ReviewArtists Website you change the Content’s privacy setting to “private”, we will cease distribution of such “private” Content outside the ReviewArtists Website as soon as practicable after you make the change.

5.2 The license you grant to ReviewArtists is non-exclusive. ReviewArtists is not required to pay you for anything that you post on the ReviewArtists Services site. The license you grant is sublicensable, allowing ReviewArtists to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the ReviewArtists Services. As the Internet is global in reach, your license is also granted worldwide.

5.3 You represent and warrant that: (a) you own the Content posted by you on or through the ReviewArtists Services or otherwise have the right to grant the license set forth in this Section 5, and (b) the posting of your Content on or through the ReviewArtists Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the ReviewArtists Services.

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

5.5 The ReviewArtists Services contain Content of Users and other ReviewArtists licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ReviewArtists Services.

5.6 ReviewArtists performs technical functions necessary to offer the ReviewArtists Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ReviewArtists Services.

6. Content Posted.

6.1 ReviewArtists may reject, refuse to post or delete any Content for any
or no reason, including Content that in the sole judgment of ReviewArtists violates this Agreement or which may be offensive, illegal or in violation of the rights of any person or entity, or harmful or threatening to the safety of any person or entity. ReviewArtists assumes no responsibility for monitoring the ReviewArtists Services for inappropriate Content or conduct. If at any time ReviewArtists chooses, in its sole discretion, to monitor the ReviewArtists Services, ReviewArtists 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.

6.2 You are solely responsibility for the Content that you post on or through any of the ReviewArtists Services, and any material or information that you transmit to other Members and for your interactions with other Users.

7. Content/Activity Prohibited.

The following are examples of the kind of Content that is illegal or prohibited to post on or through the ReviewArtists Services. ReviewArtists reserves the right to investigate and take appropriate legal action against anyone who, in ReviewArtists’ sole discretion, violates this provision, including without limitation, removing the offending Content from the ReviewArtists Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of ReviewArtists:

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

7.2 harasses or advocates harassment of another person;

7.3 exploits people in a sexual or violent manner;

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

7.5 solicits personal information from anyone under 18 years of age;

7.6 publicly posts information that poses or creates a privacy or security risk to any person;

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

7.8 constitutes or 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

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

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

7.11 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;

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

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

7.14 includes a photograph or video or another person that you have posted without that person’s consent;

7.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other fair, misleading or deceptive Content intended to draw traffic to the profile; or

7.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the ReviewArtists Website and through your use of the ReviewArtists Services. ReviewArtists reserves the right to investigate and take appropriate legal action against anyone who, in ReviewArtists’ sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

7.17 criminal or tortuous 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;

7.18 advertising to, or solication of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the ReviewArtists Services. You may not transmit any chain letters or junk email to other Members.

7.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the ReviewArtists Services;

7.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

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

7.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;

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

7.24 impersonating or attempting to impersonate another Member, person or entity;

7.25 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;

7.26 selling or otherwise transferring your profile;

7.27 using any information obtained from the ReviewArtists Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

7.28 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the ReviewArtists Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulleting with a commercial purpose, selecting a profile with a commercial purpose as one of your “top friends”, or sending private messages with a commercial purpose; or

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

8. Protecting Copyrights and Other Intellectual Property.

ReviewArtists respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. ReviewArtists has the right to terminate the Membership infringers.

9. Member Disputes.

You are solely responsible for your interactions with other ReviewArtists Members. ReviewArtists reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

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

11. Disclaimers.

ReviewArtists is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the ReviewArtists Services, whether caused by Users of the ReviewArtists Services or by any of the equipoment or programming associated with or utilized in the ReviewArtists Services and such User Content does not necessarily reflect the opinions or policies of ReviewArtists. Profiles and third party applications created and posted by Members on the ReviewArtists Website may contain links to other websites. ReviewArtists is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by ReviewArtists. Inclusion of any linked website on the ReviewArtists Services does not imply approval or endorsement of the linked website by ReviewArtists. When you access these third party sites, you do so at your own risk. ReviewArtists takes no responsibility for third party advertisements or third party applications that are posted on or through the ReviewArtists Services, nor does it take any responsibility for the goods or services provided by its advertisers. ReviewArtists is not responsible for the conduct, whether online or offline, of any User of the ReviewArtists Services. ReviewArtists 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. ReviewArtists 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 ReviewArtists 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 ReviewArtists Services. Under no circumstances shall ReviewArtists be responsible for any loss or damage, including personal injury or death, resulting from use of the ReviewArtists Services, attendance at a ReviewArtists event, from any User Content posted on or through the ReviewArtists Services, or from the conduct of any Users of the ReviewArtists Services, whether online or offline. The ReviewArtists Services are provided “AS-IS” and as available and ReviewArtists expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ReviewArtists cannot guarantee and does not promise any specific results from use of the ReviewArtists Services.

12. Limitation on Liability.

In no event shall ReviewArtists be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the ReviewArtists Services, even if ReviewArtists has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ReviewArtists’ 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 ReviewArtists for the ReviewArtists Services during the term of membership.

13. Indemnity.

You agree to indemnify and hold ReviewArtists, 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 ReviewArtists 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 in this Agreement and/or if any Content that you post on or through the ReviewArtists Services causes ReviewArtists to be liable to another.

14. Other.

This Agreement is accepted upon your use of the ReviewArtists Website or any of the ReviewArtists Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ReviewArtists regarding the use of the ReviewArtists Services. The failure of ReviewArtists 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. ReviewArtists is a trademark of GreatArk, Inc. 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.

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