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Terms of Use

Copyright Complaints

Indaba respects authors’ and content holders’ rights. Therefore, it is Indaba’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). Indaba may promptly terminate without notice any User’s access to the Site if that User is determined by Indaba to have infringed the rights of copyright holders.

If you believe that any material on the Site violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Bruce Temkin

Full Address of Designated Agent to Which Notification Should be sent: 100 Pearl Street 14th Floor, Hartford, Connecticut 06103, USA

E-Mail Address of Designated Agent: btemkin@brucetemkin.com

To meet the notice requirements under the DMCA, the notification must consist of a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Users’ Agreement not to use the Site for certain purposes:

Users agree not to use the Site to upload, post, email, transmit or otherwise make available any content that Indaba, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Submissions that Users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial solicitation, the legitimate and lawful solicitation of collaborative partners, or the legitimate promotion of musical or other related creative talent as determined by Indaba, in its sole discretion; send unsolicited email advertisements to the Site User email addresses; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another User; or, use or attempt to use another User’s account, service or system without prior written authorization from Indaba Media, LLC, or create a false identity on the Site.

Purchases; Access to Special Offers; Other Terms and Conditions

The Site offers Users the opportunity to purchase goods and services and participate in special offers.All purchases are non-refundable. Additional terms and conditions may apply to purchases of goods or services, special offers and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. User agrees to abide by such other terms and conditions, including where applicable representing that User is of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to User use of that portion of the Site or the specific service.

Children Under Age 13

Children under age 13 are not permitted to register for the Site. Indaba does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Site. If users are under 13, please do not register for the Site or send any information about user to Indaba, including user’s name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on the Site. In the event that Indaba learns that it has collected personal information from a child under age 13, without verification of parental consent, Indaba will delete that information as quickly as possible. If Users and/or users believe that Indaba might have any information from or about a child under 13, please contact us at info@indabamusic.com.

Children Between the Ages of 13 and 18

Indaba recommends that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

Proprietary Rights

All material on the Site (excluding User Submissions) including, but not limited to, design, text, graphics, other files, and their selection and arrangement (the “Material”) is the sole property of Indaba. All rights are reserved. No Material may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Indaba.

All trademarks, logos, trade dress and service marks on the Site are either trademarks or registered trademarks of Indaba and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Indaba.

Links to Other Websites

The Site contains links to other web sites. Indaba has not reviewed all of these web sites and is not responsible for the content, accuracy or opinions expressed in such other web sites, and such other web sites are not investigated, monitored or checked by Indaba for content, accuracy or completeness. Inclusion of any linked web site on or through the Site does not imply Indaba’s approval or endorsement of the linked web site. Without limiting the generality of the foregoing, links to retailers or advertisers are owned and operated by independent (i.e., not associated with Indaba) retailers or service providers, and therefore, Indaba cannot and does not ensure that Users will be satisfied with the products, services or practices of those retailers or service providers. If Users decide to leave the Site and access these other third-party sites, they do so at their own risk.

Disclaimers

Indaba is not responsible for any incorrect or inaccurate content on the Site, User Submission or any other User-generated material posted on the Site or in connection with the Site, whether posted or caused by Users of the Site, or by any of the equipment or programming associated with or utilized in the Site. Indaba is not responsible for the conduct, whether online or offline, of any User of the Site. The Site may be temporarily unavailable from time to time for maintenance or other reasons. Indaba assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of User communications. Indaba 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 email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site. Under no circumstances will Indaba be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone’s use or viewing of the Site, any User Submissions or any other User-generated material posted on or through the Site or transmitted to Users, or any interactions between Users of the Site, whether online or offline.

THE SITEITS CONTENTUSER SUBMISSIONS AND ANY USER-GENERATED MATERIAL ARE PROVIDED “AS-IS” WITHOUT WARRANTIESOF ANY KIND AND INDABA DISCLAIMS ANY AND ALLWARRANTIESWHETHER EXPRESS OR IMPLIEDINCLUDING WITHOUT LIMITATIONIMPLIED WARRANTIES OF TITLEMERCHANTABILITYFITNESS FORPARTICULAR PURPOSE OR NON-INFRINGEMENTINDABACANNOT PROMISE OR GUARANTEE AND DOES NOT PROMISE OR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SITE.

Applicable law may not allow exclusion of certain or all implied warranties, so the foregoing may not apply to you in some respects.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL INDABA BE LIABLE TO YOU OR ANY THIRDPERSON FOR ANY INDIRECTCONSEQUENTIALEXEMPLARYINCIDENTALSPECIAL OR PUNITIVE DAMAGESINCLUDING FOR ANYLOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICEEVEN IF INDABA IS AWARE OR HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INDABA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,AND REGARDLESS OF THE FORM OF THE ACTIONWILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO INDABA FOR THE SERVICE DURING THE TERM OF MEMBERSHIPAND (B) ONE HUNDRED DOLLARS ($100).

IF YOU HAVEDISPUTE WITH ONE OR MORE USERSYOU RELEASE INDABA (AND ITS OFFICERSDIRECTORSAGENTS,SUBSIDIARIESJOINT VENTURES AND EMPLOYEESFROM CLAIMSDEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OFEVERY KIND AND NATUREKNOWN AND UNKNOWNARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

CERTAIN LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IFTHESE LAWS APPLY TO YOUSOME OR ALL OF THE ABOVE DISCLAIMERSEXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU,AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law and Venue

By visiting or using the Site, Users agree that the laws of the United States of America and the State of New York, without regard to conflicts of laws principles, will govern these Terms of Use and any dispute of any sort that might arise between you and Indaba or any of its affiliates. Any legal action or proceeding related to this Site (including, but not limited to, User visits to or use of the Site) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. To the extent you might have in any manner violated or threaten to violate Indaba or any of its affiliates’ proprietary or intellectual property rights, Indaba may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of New York.

Any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold Indaba, its subsidiaries and affiliates, and each of their owners, directors, officers, agents, contractors, partners, joint ventures and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Site (including, but not limited, the Services, User visits to or use of the Site) in violation of these Terms of Use or your violation of any law or the rights of a third party.

Other

These Terms of Use, together with any other policies of Indaba posted by it on the Site, constitute the entire agreement between you and Indaba regarding the use of the Site, superseding any prior agreements between you and Indaba relating to your use of the Site. The failure of Indaba to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. Indaba reserves the right to make changes to the Site, policies, and these Terms of Use at any time. Changes take effect when they are posted on the Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The Site and its contents are intended to comply with the laws and regulations in the United States. Other countries and jurisdiction may have laws, and regulatory requirements that differ from those in the United States. Any content, offer or service on the Site is void where prohibited.

Termination of Service

You agree that Indaba, in its sole discretion and without prior notice, has the right but not the obligation to delete or deactivate your Site account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any User Submissions within the Site, for any reason, including, without limitation, if Indaba believes that you have acted inconsistently with these Terms of Use. Further, you agree that Indaba shall not be liable to you or any third-party for any of the foregoing actions or for termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination.

Without limiting the foregoing, in accordance with the DMCA and other applicable law, Indaba has adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Indaba, Users who are deemed to be repeat infringers of intellectual property rights. Indaba may also, at its sole discretion and without prior notice, limit access to the Site and/or terminate the memberships of any Users who, in the judgment of Indaba, infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Definitions of certain terms used in these Terms of Use

“Indaba” or “Indaba Media, LLC” – A limited liability company organized in the State of Delaware, the owner and operator of the Site.

“Site” – The web site located at www.indabasynch.com and all of its various sub-domains.

“User(s)” – Individuals who visit the Site.

“User Submissions” – includes files uploaded by Users to the Site for all legitimate purposes enabled by the Site.

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