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Thanks for using StarPolish. The following explains
the Terms Of Use of our site and
its services, as well as our Privacy
Policy. You should read both documents carefully and in
their entirety (a good business habit to get into-- you'll thank
us after you've negotiated contracts).
Terms Of Use
Permitted Use. You are only authorized
to view and retain a copy of pages of this Site for your own
personal use or the use of your bandmates and/or business team.
Any reproduction, publication, or further distribution, or public
exhibition or modification of materials provided on this site
in whole or in part, without the prior written consent of StarPolish,
is strictly prohibited. To request such consent, please email
your detailed request to business@StarPolish.com.
U.S. and international copyright laws protect the content and
software on this Site, which are property of StarPolish and/or
its content providers.
Prohibited Content. Included
below is a list of content that StarPolish prohibits on our
Site. The list is not exhaustive, and includes content that:
- Relates to "spam" or
otherwise sending unsolicited and/or unauthorized email to
third-parties;
- Harms or could harm minors;
- Solicits or encourages illegal
activity;
- Is knowingly false;
- Contains a computer virus; or
- Is clearly inappropriate in light
of the nature of the web Site.
Removal from Site. Please act responsibly
when posting content of any nature on the Site. StarPolish,
at any time, and for any reason, may remove any content from
the Site. If necessary, StarPolish will cooperate with legal
authorities in any investigation pertaining to your use of the
Site, including releasing your information to such authorities.
Deep Linking. Deep linking to audio
or video media housed on StarPolish's
servers is strictly prohibited.
Disclaimer-- General.
While we do our best to make sure that things run smoothly,
StarPolish makes no representations that the Site or anything
related to the Site will always function properly, be free from
errors, or be uninterrupted. The Site and its content are provided
"as is". StarPolish cannot guarantee that any content
that you download will be free from viruses or other harmful
things. StarPolish further disclaims all express and implied
warranties, including warrantees of merchantability or that
the site is fit for any particular purpose. StarPolish will
not be liable for any damages of any kind arising out of or
relating to the use of this Site, including without limitation,
direct, indirect, consequential, punitive, special and incidental
damages.
Disclaimer-- Advice.
We at StarPolish have worked hard to provide you with the most
comprehensive advice available anywhere on the Internet. We
hope that you find our advice helpful, and that your career
flourishes, at least in small part, because of our services.
With that in mind, please remember that our advice is just that--
advice. It is not the gospel. You and other industry folks may
disagree with some of our content. That's fine. The music industry
(much like other industries) does not operate by a uniform set
of rules. What is sound advice for a given situation may turn
out to completely backfire due to unforeseen circumstances,
logistics, etc. Remember, in the music business you will deal
with real people with different emotions and varying backgrounds.
Accordingly, please know that we will not be responsible for
any damages including direct, indirect, consequential, special,
punitive or incidental damages that arise from following the
advice or using the services that we've offered. As we said
in our Introductory Groundrules,
"be careful and be smart."
Disclaimer-- Retail.
StarPolish is working with many developing acts to bring you
music from up and coming artists. If you choose to purchase
the music of one of these artists and hate it, we're sorry,
but you're stuck with it. On the bright side, if you think it
kicks ass, we won't charge you any extra. If you choose to sell
your music through StarPolish, we're of course not going to
be liable for any damage that occurs during your shipment of
your CDs to us. Once we have your undamaged product in our warehouse,
however, StarPolish and its shipping company will be liable
for any damages or lost items. Of course, we'll also comply
with the applicable laws, so, for example, if you buy a CD that
has a manufacturing or comparable defect, we'll take it back.
And if you sold a defective product through our site, we will
refund your fan's purchase, but hold you (the artist) responsible
for charges/liability associated with the defect including processing
the return, and any damage such defect causes.
Third-Party Stuff On Our Site.
Part of what makes us unique is that StarPolish is a collaborative
effort between artists and music industry professionals-- artists,
industry folks, writers, opinionated know-it-alls and you have the
opportunity to exchange thoughts, ideas, music and much more. You'll
also have the opportunity to upload and download music, links, and
other stuff. Of course, the ideas, opinions and viewpoints of third
parties do not necessarily represent those of StarPolish. Unfortunately,
we can't preview everything before it goes up on our Site. We're
relying on our users to act responsibly. We hope that they will.
Those that don't act responsibly or that violate these terms and
conditions, however, may be liable for copyright infringement, defamation,
or other civil or criminal violations. StarPolish will not be liable
for any information provided to our Site by Third Parties. We do
want to act responsibly, though, so if you feel that we should remove
something from our site, drop us an email at info@StarPolish.com
and let us know why. You should know, however, that we are supporters
of free speech and are not in the business of evaluating artistic
merit, no matter how controversial.
Third Party Copyrights.
When it comes to content provided by third-parties, our policy is
clear-- only the lawful owners of copyrighted material may post
such material on our Site, whether in the form of music, text, or
anything else. If you believe that any content appearing on the
site was placed there other than with the permission of the owner
of the copyright, please email your comment to info@StarPolish.com.
We will investigate and resolve the matter in a reasonable fashion.
Copyright Agent for Copyright Infringement
Claims. The designated agent to receive notification of claimed
infringement under Title II of the Digital Millennium Copyright
Act is:Gary L. Kaplan, StarPolish LLC, 1 Irving Place, Suite P8C,
New York, NY 10003, telephone (212) 477-5241, facsimile (212) 477-5259,
e-mail: gary@StarPolish.com.
Fan Support Prize.
In September 2001, StarPolish will award $1000 to a fan that has either (1)
signed-up through the StarPolish site to join the mailing list of one of
StarPolish's artists during the mailing list competition, or (2) bought a CD
of one of StarPolish's artists through the StarPolish site during the CD
sales competition; and that has also joined and remained on the StarPolish
mailing list.
Winners are responsible for paying any applicable local, state
federal or other taxes. StarPolish will comply with all applicable
laws. Void where prohibited. StarPolish shall retain the authority
to amend these rules at its sole discretion at any time, for
any purpose whatsoever, and without notice. IN NO EVENT SHALL
STARPOLISH, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED TO ANY USE OF THE SITE OR: (I) RELIANCE UPON
THE FUNCTIONALITY OF THE SITE, INCLUDING BUT NOT LIMITED TO
BUYING CDS OR SIGNING UP FOR MAILING LISTS; (II) DELAY EXPERIENCED
BY ANY INDIVIDUAL OR ENTITY IN USING THE SITE, INCLUDING BUT
NOT LIMITED TO THOSE ATTEMPTING TO BUY CDS OR SIGN UP FOR MAILING
LISTS; OR (III) INABILITY OF ANY INDIVIDUAL OR ENTITY TO USE
THE SITE, INCLUDING BUT NOT LIMITED TO THOSE ATTEMPTING TO BUY
CDS OR SIGN UP FOR MAILING LISTS, EVEN IF STARPOLISH WAS PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT
ANY OF THESE LIMITATIONS OF LIABILIITY IS FORBIDDEN BY LAW,
THESE DISCLAIMERS OF LIABILITY SHALL REMAIN IN FORCE TO THE
EXTENT PERMITTED BY APPLICABLE LAW. For promotional purposes,
StarPolish shall be permitted to use the name, address, likeness
and prize information of the winner of any of StarPolish's games,
competitions or grants without limitation or further permission
or compensation.
Privacy
Policy
We at StarPolish are committed to protecting
your privacy. Accordingly, we promise not to release or sell
any of your personal information without your express permission.
We use the information that you provide us to protect your security
and to address your individual needs.
How
Does That Work?
At various times, we will ask you to provide
contact information including, but not limited to your name,
address and email address. From time to time, we may request
other information in conjunction with special offers, services
and promotions. This information may be used in a few different
ways. First, by knowing who our users are and learning about
their needs and preferences, we can offer them services and
promotions that best address those needs and preferences. On
some occasions, we may even offer specially designed promotions
to those users that would likely benefit most from those promotions.
You may notice that some surveys seem tailored
to a particular industry. Our sponsors are very interested in
learning about your interests. Therefore, the information that
you provide us will be tallied and shared with our sponsors
in aggregate form only-- for example, letting our sponsors know
how many teenage females use StarPolish. We will not release
your individual data unless we tell you so when we request your
information.
We may also use demographic data to personalize
your visit by providing content that is particular to your homebase
and tailored to your individual needs.
Do
You Also Use Cookies?
Yes. We do this in order to insure that
the information and offers that we provide you are relevant
to you, and to keep track of your activities on our site. Cookies
are small pieces of information that tell us who you are so
that we may know that you have returned to the site and we may
do our best to customize the StarPolish experience for you.
This information is stored on your computer. Some people choose
to block cookies for one reason or another. That is fine, if
you choose to do so, but we encourage you not to block cookies
so that you may have a more personalized experience with StarPolish.
We may also collect the following information
from all visitors to our site: the date and time you access
our site, your type of operating system and browser, and, if
you clicked to our site from another, the address of that other
site. This information is important so that we can compile more
demographic information and learn about your interests, as well
as to help with the administration of our site.
StarPolish.com contains links to other sites.
Although we do so because we think you'll benefit from their
offerings, we make no representations as to their privacy policies.
What Else Will You Do With My Information?
We will use your contact information to
verify your registration. We will also send you newsletters
and other information from us or our sponsors if you have indicated
a desire to receive such information. If you do so and change
your mind, you may always opt-out (i.e. unsubscribe) by clicking
on the opt-out link included with every newsletter or special
promotion.
Children's
Privacy
StarPolish believes that it is never too
early to begin a career as a musician or other artist. However,
we understand that children's privacy on the Internet is or
great importance to our community. We are firmly committed to
both adhering to the 1998 Children's Online Privacy Act and
to taking additional steps to ensure children's privacy. As
a result, we will neither disclose nor post any personal information
obtained from anyone under the age of 13.
How Do I Know That
My Credit Card Information Is Secure?
Your security is or paramount importance
to us and we take all necessary steps to insure that your information
will not fall into the wrong hands. StarPolish uses SSL
to encrypt your information, so that it will remain safe. StarPolish.com
is certified by Verisign,
the standard in Internet Security. As a member of Verisign,
we will abide by their rules and policies so that you can rest
assured that your information is safe.
I Still Have a Question, What Can
I Do?
If you have any questions concerning your
privacy on our site, please contact us at:
Privacy Department
StarPolish
1 Irving Place, Suite P8C
New York, NY 10003
info@StarPolish.com
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