EJECTCO TERMS OF SERVICE
EJECTCO TERMS AND CONDITIONS OF WEB SITE USE
Introduction: Eject Co. (“Ejectco”, “we”, “our”, or “us”) operates Ejectco®, a music and social experience empowering all artists. The services offered by Ejectco include: (i) those offered on any Ejectco-branded URL, included www.ejectapp.com (the “Ejectco Services”), (ii) Ejectco mobile services, (iii) Ejectco app services, (iv) and all related site, players, widgets, tools, apps, data, software, APIs and other services provided by Ejectco (collectively, “Ejectco Services”, or “Services”).
The Ejectco Services are operated by Eject Co., a company with a mailing address c/o Marquart & Small LLP, 110 East 25th Street, New York, NY 10010.
Set forth below are the terms and conditions (these "Terms and Conditions") governing the Ejectco Services. As used herein, the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE SERVICES OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
Any and all audio, video, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Services (hereinafter "Your Content") is generated, owned and controlled solely by you. Ejectco does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
The Services offers a wide selection and variety of content to our members and users. Content may contain profanity or otherwise inappropriate or offensive material for children or other members and/or users. Members and/or users must evaluate and bear the risk associated with the use of the Services and related services. Ejectco suggests that parents should supervise their children’s on-line activities and consider using parental control tools available to help provide an appropriate on-line environment for their children. Users are also encouraged to contact Ejectco for evaluation of possible offensive material. Ejectco reserves the right to act on such notices at its sole discretion.
We may, from time to time, invite or provide you with means to provide feedback regarding the Services, and in such circumstances, any feedback you provide will be deemed non-confidential and Ejectco shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
Use of Materials Found on Ejectco Services: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Services are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable Ejectco program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print or otherwise reproduce Materials found on the Services, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on a Ejectco server, except where explicitly allowed to do so. You should not attempt to claim any Materials not provided by you as your own work. Any computer software downloadable or otherwise available on the Services is provided subject to the terms of the applicable license agreement. You may not use any Ejectco logo or trademark without Ejectco’s express written consent.
Copyright and Trademark Infringement Policy and Notification Procedure: Ejectco does not own the musical compositions, sound recordings, art or other written or visual images (collectively, the "Content") posted by third parties to the Ejectco Services. All Content is posted by an individual, group or company (collectively, the "Artist") who has represented and warranted to Ejectco that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted (collectively, the "Name") infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights. Ejectco is not in a position to determine who has the prevailing claim to use any particular Content or Name posted to the Services, and therefore its policy on such matters is that they be resolved directly by the parties alleging misuse of their Content and/or Name (the "Complainants") and the Artists. We recommend that Complainants immediately notify Artists about allegations of infringement by going to the Artist's page on the Services, clicking the Contact link and contacting the Artist directly.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and your electronic or physical signature (which may be a scanned copy). Your notice should be sent to our Agent Designated to Receive Notification of Claimed Infringement at the following address: Eject Co., c/o Marquart & Small LLP, 110 East 25th Street, New York, NY 10010.
Refund policy: Ejectco does not offer refunds. If there are any issues with a premium service, promotional order, or purchase, please contact Ejectco immediately at firstname.lastname@example.org, as we aim to solve issues amicably. Premium services (recurring billings) may be cancelled at anytime for any reason. Cancellations by the individual, group, or company that signed up for the premium service (collectively, the "Subscriber") must be cancelled two weeks prior to end of current period and will be effective after the paid period. In case of cancellation by the Subscriber, the period that is already paid for will not be reimbursed. The premium service(s) will then remain active until the end of the paid period. Ejectco reserves the right to cancel premium services for any reason at any time without notification. Cancellations will be confirmed by us through email. Only when you receive a confirmation email does the cancellation become effective. If you do not receive a reply to your cancellation email within 24 hours, please resend your cancellation request in the case that the original did not go through.
Your Conduct: You shall use the Services for lawful purposes only. You shall not post or transmit via the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Ejectco's express prior approval, contains advertising or any solicitation with respect to products or services. You shall not use any play- or page-increasing software or services. Ejectco reserves the right to cancel accounts for any reason at any time without notification.
In addition, if we believe that a user is abusing the Ejectco site in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, possible credit card fraud. Ejectco reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion and without notification..
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SERVICES, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EJECTCO MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES OR ANY MATERIALS THEREIN, 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, EJECTCO INC MAKES NO REPRESENTATION THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EJECTCO WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL EJECTCO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE 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. AS A RESULT SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability. By availing yourself of the Services, Materials or related services, you agree to release and hold Ejectco and the employees, officers, directors, shareholders, agents, representatives of Ejectco, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Ejectco, any third-party providers or sources of information or data and legal advisers (collectively, "Ejectco Affiliates") harmless from and against any and all losses, damages, rights, claims and actions of any kind arising from or related to the Services, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Ejectco that may cause the Services or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Services, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Services, Materials or related services. In addition, you agree to defend, indemnify and hold Ejectco Affiliates harmless from and against any claim, suit or demand, including reasonable attorney fees, made by a third party due to or arising out of your utilizing the Services, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL EJECTCO BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF SERVICES OR MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF EJECTCO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of New York, New York, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Ejectco's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Age requirements for use of the Service: This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
Modification of Terms and Conditions: From time to time Ejectco may modify these Terms and Conditions in its sole discretion. When such modification is made, Ejectco will post a revised version of these Terms and Conditions on the Services. Modifications will be effective when they are posted. Ejectco is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Services, you will be deemed to have accepted any such modifications.
You may contact Company at the following address: email@example.com.