, your sole and exclusive remedy is to discontinue your use of the Site.
Personal and Non-Commercial Use Only
Unless otherwise specified in writing by Upstream, the Site is available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site.
ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. UPSTREAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Upstream DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, Upstream DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Upstream DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.
Limitation of Liability
IN NO EVENT SHALL UPSTREAM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF Upstream IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UPSTREAM’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL UPSTREAM BE LIABLE IN ANY WAY FOR ANY ASPECT OF ANY OTHER LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.
Terms and Conditions governing artist submissions (“Submissions”) can be found at Upstream’s Submission Terms Other than Submissions, Upstream does not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials. Furthermore, we do not accept any other proposals or business ideas, including without limitation, proposals concerning film production companies, film/TV scripts or concept papers, projects, music acts, record companies, or recording studios.
Except as otherwise agreed by Upstream in writing, any Submissions as well as any other requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to Upstream, using the Site or otherwise will not be treated as confidential or proprietary and Upstream will have no nondisclosure obligations or use prohibitions related to the use of such material. Upstream reserves the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in Upstream's sole discretion.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. Upstream controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
Upstream accepts Personal Information for use in compiling Upstream mailing lists through the Site and submission information through its third part vendor site. However, we do not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, we do not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.
) will be used in accordance with the terms of the third part vendor terms and conditions governing such information.
Upstream reserves the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in Upstream's sole discretion.
As a visitor to the Site, you may have the option to participate in any available communications forums to post information, suggestions, reviews, or comments about Upstream's products or services. You agree you will not post any content on the Site that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable or that contains any software viruses, political campaigning, commercial solicitation, chain letters or any form of mass mailings or spam. Upstream reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. Upstream takes no responsibility and assumes no liability for content posted by you or any third party.
No Unlawful or Prohibited Use; Indemnity
You warrant that you will not use the Site or any of the content obtained from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any Upstream server or the network(s) connected to any Upstream server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including without limitation through hacking or any other means. You will indemnify, defend and hold harmless Upstream, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.
General Proprietary Rights
The Site is owned by Upstream and contains material that is derived in whole or in part from Upstream and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Upstream's express written permission.
All designs, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Upstream, or Upstream's content suppliers and licensors, and are protected by U.S. and international copyright laws. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site is in violation of copyright, trademark, and other applicable laws and may result in severe criminal penalties and/or civil fines.
"Upstream”, “Upstream Music Fest + Summit" and all logos, designs and symbols associated with such terms are trademarks of Upstream and/or its affiliates. They may not be used in connection with any product or service other than those offered by Upstream or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Upstream or its affiliates. All other trademarks are the property of their respective owners.
Notice of Potential Infringement
Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to firstname.lastname@example.org.
Applicable Law; Disputes
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Last updated: October 20, 2017