TERMS OF USE | ohio-vibe

Terms and Conditions are liable to change at anytime

Use of this Website, and information distributed in conjunction with this Website, is offered to you on your acceptance of these Terms of Use, our Privacy Policy, and other notices and agreements posted on this website. Your use of this Website or of any content presented in any and all areas of the Website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy, and other notices and agreements posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use this Website. We suggest you print a copy of each of these documents for your records.

Sugar Shack Entertainment Group,LLC, or Ohio-Vibe.com ("the Company"), shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

IN USING THIS WEBSITE AND UPLOADING INFORMATION, YOU ARE AFFIRMING THAT YOU ARE 13 YEARS OF AGE OR OLDER AND THAT YOU HAVE THE AUTHORITY TO UPLOAD INFOMRATION TO THIS WEBSITE. VISITORS TO THIS WEBSITE UNDER THE AGE OF 13 MAY NOT REGISTER OR OTHERWISE UPLOAD INFORMATION TO THIS WEBSITE. ALL MEMBERS OF THE AGE 12 AND BELOW SHALL AND WILL NEED TO HAVE PROOF OF A MANAGER, PARENT, OR GUARDIAN PERMISSION.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND IN OUR SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF USE.

Use of Website

The Company authorizes you to view and access a single copy of the content available on or from www.Ohio-Vibe.com (the "Website" or "Websites") solely for your use.

Your Conduct

This Website may be used only for lawful purposes of uploading audio tracks, videos, Music, and information related to the music business. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company in its sole discretion, including but not limited to:
The uploading or storage of files and information related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially offensive.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
Taking any action that imposes an unreasonable or disproportionately large load on this Website 's infrastructure.
If you have a password allowing access to a non-public area of this Website, disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.
Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Company and other generally available third party web browsers.
Attempting to decipher, decompile, disassemble or reverse engineer any part of this Website or the software comprising this Website.
Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.
Framing of or linking to any of the Website content or information available from this Website.
Participating in a denial-of-service attack against this Website or against any other website or computer environment by using this Website.
Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this Website any material that is unlawful or violates the rights of others.
Engaging in any screen scraping or data acquisition and consolidation.
Copying or adapting the HTML, CSS, ASP.NET, XML, JavaScript or any other code that the Company creates to generate any Website content or the pages making up this Website.
Infringing the intellectual property rights of others in any way.
Making any unauthorized commercial or non-commercial use of this Website.

Site Security Rules

Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

User Submissions

You are solely responsible for the data and information that you input or upload to the Website, including but not limited to audio tracks, videos, Music, and information related to the music industry. The Company reserves the right in its sole discretion to decide whether content or a user submissions are appropriate and complies with these Terms of Use and other of the Company’s Website policies.

When you register for the Website, you will be asked to provide Company with certain information including, without limitation, your valid email address, and other personal information (your "Personal Information"). In addition to the terms that may be set forth in any Privacy Policy on this Website, you understand and agree that Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Company reserves the right to offer third party services, advertisements, and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information.

You are aware and acknowledge that listing details on this Website’s databases are public, may be seen by anyone viewing this Website, and that these details may be indexed by search engines. Visit the privacy settings page of the Website to see your current privacy settings and make adjustments.

The Company makes no guarantee that users who upload content and information will receive any benefit from their use of this Website.

All users who upload data or information warrant and represent that they own or otherwise control the copyrights and usage to all of such data and information and warrant and represent that they have the right and authority to grant the rights given to Company according to these Terms of Use and the purpose of the Website, and that the Company’s exercise of these rights will not violate the rights of any third party. All users who upload data or information also warrant and represent that the holder of any rights, including moral rights, and the rights of publicity and privacy in such content, has completely and effectively waived all such rights and validly, and has irrevocably granted to you the right to grant the license described in these Terms of Use. All users agree to defend, indemnify and hold Company, including but not limited to, its directors, officers, employees, agents, representatives, and assigns, harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of breach of these warranties and representations and the use of the uploaded data and information by Company or any third party.
By submitting data and information to any public or non-public area of this Website, you grant Company the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the data and information (in whole or in part) worldwide and in all mediums for the full term of any rights that may exist in such content. You also permit any subscriber or visitor to this Website to access, display, view, store, and reproduce such content. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

The Company reserves the right with regard to any audio track, video, Music or other information or data uploaded to this Website, in its sole discretion, to remove, watermark, promote its appearance and presentation on this Website, further syndicate, to reference, to use any audio track, video, Music or other information or data uploaded to this Website in social media/social contexts and markets, and to generate revenue from the advertisements or other promotional activity that may occur on this Website or seen as part of the viewing process. The Company also reserves the right to highlight or profile a customer/video at its sole discretion on this Website or within specific categories or sections on the Website.

Additional Representations and Warranties
All users who upload audio tracks, videos, Music, and other information related to the music industry hereby warrant and represent that:
You have the full right, power and authority to enter into this Agreement and to grant all rights granted herein, that you are not under nor will it be under, any disability, restriction or prohibition with respect to its rights to fully perform in accordance with the terms and conditions of this Agreement and that there shall be no liens, claims or other interests which may interfere with, impair or be in derogation of the rights granted herein.
You own or otherwise control the copyrights and usage to all of the music, videos, and other information and have the right and authority to grant the rights given to the Company according to these Terms of Use and the for the purposes set forth herein.
The compositions are freely available for use by Company for the purposes set forth herein
Any party who may be entitled to your services, including but not limited to management, shall have given a written waiver or permission of the grant of rights in connection with the Company’s use of the audio tracks, videos, Music and other information provided by you.
Where you are a representative of a band or group you have the authority to bind such band or group to the terms set forth herein.
The Company shall not be required to make any payments of any nature to any third party for, or in connection with, the exercise or exploitation of rights granted by you herein, including but not limited to performance rights organizations.
You own or control 100% of the audio tracks, videos, Music. and any other information provided by you, and the holder of any rights, including moral rights in such music, videos, or any other information has completely and effectively waived all such rights, and has irrevocably granted to you the right to grant the license described in this Agreement.
If you are under the age of eighteen, you have approval of a parent or legal guardian.
You understand and acknowledge that the Company has the free use of the audio tracks, videos, Music, and other information as provided herein.

YOUR INDEMNITY

In addition to the other indemnification set forth herein, you hereby agrees to defend, indemnify and hold Company, including but not limited to, its directors, officers, employees, agents, representatives, and assigns, harmless, from and against any damages, liabilities, costs and expenses, including reasonable attorneys' fees actually incurred, arising out of or in any way connected with any claim, demand or action inconsistent with this Agreement or any warranty, representation or agreement made by you herein.

Use of Website Content

The Company expects that you will use caution and common sense when using this Website as this Website is only an information database. Any reliance upon the information found on this Website will be at your own risk. You alone are responsible for your choices and actions.

The Company reserves the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the site.

The Company is not responsible if data and information that is made available on this Website is not accurate, reliable, complete, timely, or current, and the Company does not assume any responsibility for errors, inaccuracies, typographical errors, or omissions. For all visitors to the Website, the content on the Website represents the information as at the date of publication. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. It is solely up to the visitors to this Website to check and confirm that details are recorded correctly.

Company acts as a passive conduit for accessing audio tracks, videos, Music and other information related to the music industry. It has no obligation to screen communications or information posted by other users in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication.

Company is under no legal obligation to, and generally does not, control the audio tracks, videos, Music and other information related to the music industry provided by other users that is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company does not conduct criminal background screenings of its users who upload audio tracks, videos, Music and other information related to the music industry to this Website and does not undertake efforts to authenticate this data and information provided by registered users, represent or guarantee the truthfulness, accuracy, or reliability of communications or uploaded files and information posted by users, does not endorse communications, uploaded data, and information posted by users, and has no liability or responsibility for any user submissions.

The Company accepts no responsibility for any agreements or contracts entered into by and between users of this Websites, and is not otherwise involved in the actual transactions between users of this Website and/or any third party.

The Company cannot verify or validate any references, written or otherwise, or accept responsibility of any kind concerning the credentials or information claimed by users who upload information to this Website. As a result, the Company has no control over the quality and safety or legality of postings or information uploaded to the Website. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, foreign nationals, underage persons, including those who misrepresent their age, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through this Website, and Company has no responsibility or liability for any encounters or transactions, online or offline, between you and any third party.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. We do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Website; consequently in the event that you have a dispute with one or more users, you release the Company (and our agents, directors, officers and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. ‘If You are a California resident in the United States, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

The information contained on this Website is for informational purposes only, and the Company offers no express or implied guarantees or warranties regarding the accuracy, benefits, or effectiveness of any data and information obtained from this Website. The Company makes no express or implied guarantees or warranties that you will find that the information obtained through this Website will be satisfactory, complete, be of benefit, will be suitable for your own personal circumstances, or that you will conclude any transactions. You are solely responsible for deciding whether any of the information, is suitable for your purposes. Visitors to the Website and those who use this information provided through this Website do so at their own risk, and the Website assumes no responsibility or liability whatsoever for any actions taken by users of the Website.

The Company has no liability or responsibility to users for performance or nonperformance of any activities in which visitors to this Website engage through the information provided by the Company or engage with third parties with whom they come in contact through this Website.’

Nothing contained on this Website is intended to provide advice of any kind, nor is it a substitute or replacement for any such advice. You are advised to consult with professionals, if necessary, with regard to any action you might undertake regarding the use of information on this Website. Further, The Company is not liable for any damages sustained upon your reliance on the information received through this Website.

Customer Comments

We appreciate hearing from our users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions, or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the user or any other person who submitted the Submission.’

Registration and Password
You are responsible for maintaining the confidentiality of your information uploaded to the website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password. Your username and password may not be transferred or assigned.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If you believe that any copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner. Please note that under Section 512(f) of the United States Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Intellectual Property
The name "Ohio-Vibe.com" or any variation thereof are solely owned by the Company and are registered trademarks or are otherwise legally protected. These trademarks, and any other Company trademarks and trade names, registered or unregistered, owned or licensed, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Company. Any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this Website are the property of their respective owners, and may not be used by you in any form.’

This Website (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Company and is protected by copyright laws of the United States of America and other countries. The Company reserves any rights not expressly granted to you.

You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the Website content in any way for any public, commercial, or non-commercial purpose. The use of the Website content on any other website or in a networked computer environment for any purpose is prohibited.’

Links
This Website may contain links to other sites and banner advertisements that take a visitor to another website. Please be aware that the Company is not responsible for the content or terms of use, or the privacy policies of such other sites. Users are encouraged to be aware of the specific content on the other websites when they leave this site and to read the applicable terms of use, privacy policies and other website requirements.

DISCLAIMERS
COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER
Addition Information and Clauses:

License to Ohio-Vibe.com
Testimonials of Producer/artist battles/Contest posted to Ohio-Vibe.com e-mail or otherwise submitted to it will not be used by Ohio-Vibe.com for commercial purposes, without written or verbal consent from that producer/artist. Disclaimer of Warranty

This site, its audio interface, and other elements are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions. Ohio-Vibe.com makes no representation or warranties of any kind with respect to this site or its contents. Specifically, Ohio-Vibe.com does not warrant that this site, the audio interface, and other elements herein will be uninterrupted or error-free. USE OF THIS SITE IS AT THE RISK OF THE USER OR PARTICIPANT.

Rules for Uploading Music
Any beat/song that is being posted by a producer/artist must be a beat/song that is produced/or owned by the producer/artist.

If a seller is selling Music on Ohio-Vibe.com, they must be original and not sampled. Ohio-Vibe.com has no way to tell if a beat/song is sampled and they cannot be held liable for any sampled or falsely presented Music. The producer/artists who claim this is their original work are to be held liable for any issues dealing with beat/song fraud or sampling.

Purchasers of Music on Ohio-Vibe.com
It is important to understand how the Non Exclusive Music works when you are buying a beat/song on Ohio-Vibe.com

A Non Exclusive beat/song is a beat/song that the producer/artist offers anyone the right to use after they purchase it on Ohio-Vibe.com A Non Exclusive beat/song is a beat/song where the producer/artist is able to sell its rights multiple times. This means even though you buy the rights to use the beat/song, you are not the only entity who has the right to use this beat/song.

Exclusive Music: You cannot purchase Exclusive Music on Ohio-Vibe.com. Excluive contracts must be negotiated directly with the Producer/artist.

Payment
Payment can either be with any major credit card or a Paypal account. Users that use checks must wait 5-7 business days to clear their checks. After the check has cleared, PayPal notifies us and we email your order to you automatically. Payments for Cash battle prizes, sales and affiliate sales will be made twice a month via PayPal.

Sellers of Music on Ohio-Vibe.com
It is important to understand how the Non Exclusive Music works when you are selling a beat/song on Ohio-Vibe.com.

A Non-Exclusive beat/song are Music that a producer/artist can sell the rights to use the beat/song to multiple people on Ohio-Vibe.com This means even though you have sold the beat/song once, you are able to sell it to as many people as you would like.

Fraud/Sampling
If a seller is selling Music on Ohio-Vibe.com, they must be original. Ohio-Vibe.com has no way to tell if a beat/song is sampled and they cannot be held liable for any sampled or falsely presented Music. It is the responsibility of the buyer and seller to get sample clearance. The producer/artists who upload to Ohio-Vibe.com claim original work are to be held liable for any issues dealing with beat/song fraud or sampling.

Payment
Producers/Artist will be paid instantly through there paypal account’s (Ohio-Vibe.com will not be responsible for the user setting up the paypal name on Ohio-Vibe.com or paypal wrong. All lost funds lost will be the user responsibility at this point.)

Fraud
Anyone found attempting to scam or fraud Ohio-Vibe.com, will be banned from Ohio-Vibe.com and the proper authorities will be notified. They will not be entitled to any money owed to them for violating our policies.

Links to Other Websites
This site may include links providing direct access to other Internet sites maintained by third parties. Ohio-Vibe.com has no control over the development of these sites, exerts no control, editorial or otherwise, over their contents, assumes no responsibility for material at these sites, nor recommends any information, products or services presented on these sites.

Links to Ohio-Vibe.com
Links to Ohio-Vibe.com are welcomed and encouraged.

Applicable Law
These Terms and Conditions and resolution of disputes that might arise thereof shall be governed by and construed in accordance with the laws of the United States and Canada, without regard to its conflict of laws rules. This site is controlled and operated by Ohio-Vibe.com from its offices within The United States.

Miscellaneous Provisions
Ohio-Vibe.com may at any time revise these Terms and Conditions by updating this page. Users of this site and participants in the games contained herein are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which they are bound.

Forum Rules
joining the forum community at Ohio-Vibe.com is 100% free. Please be advised that strict rules are applied. Violating these rules will result in short term ban or permanently.

1.)   Promoting any other site(s) that could take customers/users away from Ohio-Vibe.com will not be tolerated and is unacceptable.

2.)   Using the forum to post anything false or negative about another user is not acceptable. If the situation is about a user who is abusing the site or posting stolen music, please provide strong proof before clicking the final post. Or contact Ohio-Vibe.com staff.

3.)   Harsh language such as cursing, racism, downing another’s religion shall not be used at anytime. Please reframe from posting your problems and negative feelings about one another on Ohio-Vibe.com

4.)   Pornography, nudity, or any type of photos/videos that are not for the underage eye should not be posted AT ALL!

5.)   Ohio-Vibe.com holds to right to ban any user who we feel is abusing their privilege to use the forum. If the problem is small then you will be banned temporally (time is depending on the crime). If the problem is big then you will be banned for good.

6.)   When battles/contest are going on or soon to be, feel free to post your links and ask for others to stop by and check out your battle for votes. But! Do not tell them to go the battle and directly vote for you. Let’s keep the battles/contest fair and fun

7.)   Before you post a new topic please make sure it’s not a previous thread opened with the same situation. Ohio-Vibe.com can and will close the thread without any warnings.

8.)   If you feel the site is doing something wrong, please contact the site directly and not through the forums.

9.)   Do not ask or give out any personal information such as logins or passwords. This also goes for your personal life information, anything that can result in harming your character or you shall not be tossed around. Play at your own risk.

The owners of Ohio-Vibe.com reserve the right to remove, edit, move or close any thread for any reason.