Welcome to Virtual Publicist!
These Terms of Service (these “Terms“) of Virtual Publicist, Inc. (“we,” “our,” or “us“) are an agreement that describes your rights and responsibilities as a Virtual Publicist user.
These Terms govern how you may access and use Virtual Publicist’s websites, social media accounts, software applications, emails, text and SMS messages, and feeds (e.g. Real Simple Syndication feeds, Atom feed), and any of the media content (e.g. articles, catalogs, photos, product descriptions) available through those Services. Collectively, our “Service” or “Virtual Publicist“).
BEFORE YOU START USING Virtual Publicist, WE STRONGLY RECOMMEND THAT YOU REVIEW THE FOLLOWING TERMS OF SERVICE. BY ACCESSING ANY OF OUR SERVICES YOU FULLY ACKNOWLEDGE AND UNCONDITIONALLY AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.
By accessing our Services, you represent that you are of sound mind and body to agree to these Terms of Service and in possession of the full rights and/or authorization to: (a) agree to these Terms of Service, (b) agree to and pay for any transaction made by you, whether for your own benefit or the benefit of a third party, in connection with our Services; (c) authorize the use of your User Content, as described in this Agreement, and (d) submit any contact information, financial information, and other personal and sensitive information provided in connection with our Services, whether for your own benefit or the benefit of a third party. You must be at least eighteen (18) years of age to make use of Virtual Publicist’s publicly-available Services, unless you have the prior express consent of a parent or guardian and are over the age of thirteen (13); under all circumstances,you must be eighteen (18) years old or older to engage in a transaction with Virtual Publicist with respect to any premium or subscription services.
By accessing the Services, you agree to these eligibility criteria and acknowledge that any violation of these criteria may result in the termination of your access to the Services.
We reserve the right to terminate your use of, and access to, our Services at any time, for any reason, with or without notice – including but not limited to for any violation of these Terms of Service.
We reserve the right to terminate your access to our Services if we determine that you are in violation of any of these restrictions, and to seek all available legal remedies against you for any such violation.
While we make every effort to keep a tight-knit community based on strict eligibility criteria, we make no warranty or representation that every user satisfies our eligibility criteria; there may be ineligible individuals who still gain access to and/or use our Services.
Virtual Publicist shall undertake reasonable efforts to ensure that all users of its Services meet the established eligibility criteria. However, Virtual Publicist shall not be held liable for any breach of such criteria by any user, and it makes no representation or warranty that all users of its Services shall be eligible. The user shall indemnify and hold Virtual Publicist harmless from and against any claims arising out of or in connection with the user’s breach of the eligibility criteria.
You need to immediately close your browser window, cancel any agreement or subscription you may have with Virtual Publicist, and cease from all further use of our Services if you are or become ineligible to use these Services. You further agree to email [email protected] Publicist.com with the subject “End Use” with details about your reason for ceasing all further use in order to remove yourself completely from the system.
Pursuant to the terms of your agreement with Virtual Publicist, the following actions are required immediately:
Note: This action is required if you are or become ineligible to use the Services of Virtual Publicist.
You are obligated to take these actions to ensure compliance with the terms of your agreement with Virtual Publicist and to remove yourself completely from the system. Failure to comply may result in legal consequences.
Virtual Publicist’s Basic Standards of Conduct should be easy to follow. Here are 3 Simple Guidelines that will help:
i. Treat Virtual Publicist, our Affiliates, our service providers, and our community members kindly and respectfully. Do not use the content and information available through Virtual Publicist to harass, stalk, impersonate, disparage, or otherwise mistreat any persons, companies, or artists.
ii. Be truthful with the information and other User Content you provide. Present yourself honestly and up-to-date. Don’t lie about who you are or who you represent, and double-check that you are submitting accurate information.
iii. Don’t try to breach our security, disrupt our technology, or misappropriate our intellectual property. Among other things, you cannot use automated data collection tools to scrape or otherwise collect information that Virtual Publicist has furnished through its website.
Pursuant to the terms of your agreement with Virtual Publicist, the following actions are strictly prohibited:
Spamming contacts on the platform
Scraping data from the platform
In addition to the above prohibited actions, you are also required to adhere to Virtual Publicist’s Basic Standards of Conduct. To assist you in following these standards, Virtual Publicist has provided 3 Simple Guidelines:
I. Treat Virtual Publicist, its affiliates, service providers, and community members kindly and respectfully. Do not use the content and information available through Virtual Publicist to harass, stalk, impersonate, disparage, or otherwise mistreat any persons, companies, or artists.
II. Be truthful with the information and other User Content you provide. Present yourself honestly and accurately. Do not lie about who you are or who you represent and ensure that you are submitting accurate information.
III. Do not attempt to breach Virtual Publicist’s security, disrupt its technology, or misappropriate its intellectual property. You are prohibited from using automated data collection tools to scrape or collect information that Virtual Publicist has furnished through its website.
Any violation of the above prohibited actions or failure to adhere to Virtual Publicist’s Basic Standards of Conduct may result in legal consequences.
2.3 Improper Use
Your use of our Services shall not directly or indirectly constitute, involve, attempt, aid, support, incite, encourage, advise, bring about, and/or facilitate any of the following:
i. A violation of a law;
ii. A violation of a rule, regulation, and/or standard of conduct;
iii. Infringement of another’s personal and/or property rights (including, but not limited to, infringement of intellectual property rights, moral rights, privacy rights) or any other improper disclosure of privileged, private, confidential, and/or proprietary information;
iv. A breach of an agreement, legal obligation, or responsibility;
v. Disclosure and/or discovery of a person or entity’s information beyond that which is legitimately intended to be made publicly available;
vi. An implication or indication of involvement with, or endorsement by Virtual Publicist when Virtual Publicist has not specifically granted permission to make such an implication or indication;
vii. Interference with an existing business relationship and/or contract;
viii. An unlawful, unfair, and/or deceptive business act, practice, or scheme;
ix. Support for, or advancement of a potential or actual Virtual Publicist competitor;
x. Threats, harassment, intimidation, abusive conduct, and/or bullying;
xi. Extortion, fraud, and/or identity theft;
xii. Obscenity, vulgarity, and/or pornography;
xiii. Impersonation, misrepresentation, and/or another reckless or knowing provision of false, incomplete, inaccurate, or outdated information (whether by text, image, photo, audio, video, or otherwise);
xiv. Libel, slander, defamation, or other attack on character or reputation;
xv. Hate speech, prejudice, and/or unlawful discrimination;
xvi. Tortious conduct not previously described; and/or
xvii. Any other violation of these Terms of Services and the laws established in your country of origin.
You agree that you shall not attempt to or actually interfere with another user’s legitimate, good-faith use and/or enjoyment of our Services.
Pursuant to the terms of your agreement with Virtual Publicist, you are prohibited from engaging in any behavior that interferes with another user’s legitimate, good-faith use and enjoyment of Virtual Publicist’s Services. This includes, but is not limited to, making any false, misleading, or defamatory statements about the Services, the company, or its community members.
In particular, you are prohibited from making any statements or publishing any material that slanders Virtual Publicist on websites, platforms, or chat forums. Any statements made by you regarding Virtual Publicist, its Services, or its community members must be truthful and made in good faith.
If you have any concerns, comments, or suggestions regarding Virtual Publicist’s Services, you are encouraged to direct them to the appropriate support groups. Virtual Publicist’s support teams are dedicated to addressing user concerns and will work diligently to resolve any issues or explain any mishaps that may occur.
Any violation of the terms of this agreement, including the provisions prohibiting slander or interference with another user’s enjoyment of the Services, may result in legal consequences.
You shall not use our Services, attempt to use our Services, or seek to emulate Virtual Publicist, to engage in spamming, phishing, harvesting, unauthorised advertising (including, but not limited to, bulk emailing, pyramid schemes, commission-based opportunities, contests, offers), or the circulation of viruses or other malicious programs and/or code; this includes Trojan horses, spyware, worms, Easter eggs, time bombs, and any other harmful and/or invasive files, programs, or code.
Pursuant to the terms of your agreement with Virtual Publicist, you are prohibited from using or attempting to use Virtual Publicist’s Services for any malicious or unauthorised purposes. This includes, but is not limited to:
In addition to the above prohibited actions, you are also prohibited from engaging in:
Any violation of the terms of this agreement, including the provisions prohibiting malicious or unauthorised use of the Services, may result in legal consequences.
i. Proper Working Order. You agree that you shall not attempt to disrupt or actually disrupt, manipulate, or otherwise interfere with the proper working order of any servers, networks, systems, and other technologies belonging to Virtual Publicist, our Affiliates, and/or any of our third party providers. Under no circumstances shall you attempt to or actually disrupt, alter, or modify any aspect of our Services or the services of our Affiliates and/or third party providers. This paragraph includes but not limited to disruption and unauthorised modification of our website and/or the information and content therein provided.
ii. Permitted Interfaces Only. You shall utilise only those interfaces publicly provided by Virtual Publicist, its Affiliates, and its third party providers, when interacting with our Services. You shall only access that which Virtual Publicist, its Affiliates, and its third party providers deliberately make available to you, within the bounds of reasonably intended use. You shall not attempt to, or actually access any information, data, code, and/or other material belonging to Virtual Publicist, it Affiliates, and/or its third party providers that is not intended for public access and/or consumption– through hacking, password mining, identity theft, and/or another breach of authentication and/or security. Likewise, you are not allowed to test or probe the security or vulnerability of our Services, networks, servers, or other technologies. Insofar as Virtual Publicist offers subscription services, premium features, and/or invite-only access, you shall not attempt to access those services or features without payment and/or prior express written authorization by Virtual Publicist.
iii. Excessive Load. Your use of our Services shall not impose any excessive load or unreasonable demand – per our determination – on the infrastructure, systems, servers, or other technology and operations of Virtual Publicist, its Affiliates, and/or its third party providers.
iv. Reverse Engineering. You shall not attempt to or actually reverse engineer, decompile, duplicate, mimic, render generically, or otherwise derive the code underlying any aspect, feature, function, or detail concerning or relating to our Services, except to the extent that such a restriction is expressly forbidden by law.
You agree that you are strictly forbidden from the following with respect to our data, information, intellectual property, materials, code, and content (including, without limitation, listings and profiles reflecting names, contact information, and other data and information with respect to persons, companies, and artists in the music industry.)
i. Displaying, publishing, transmitting, licensing, sublicensing, distributing, exhibiting, and/or making commercial use of these items beyond our prior express written consent and without the express written consent of the rightful owner of such items;
ii. Downloading, extraction, copying, indexing, and/or collection of these items (including, without limitation, use of a robot, spider, data miner, crawler, scraper or similar tool);
iii. Duplication, rebranding, and/or derived usage of these items;
iv. Deleting or modifying the substance and/or appearance of these items without Virtual Publicist’s prior express written consent;
v. Displaying these items out of context, obscuring them, including them alongside objectionable content, or otherwise failing to present them as fully intended; and
vi. Other manual and/or automated means of improper access or retrieval.
Virtual Publicist reserves the right to require that you register to use part or all of our Services. You are allowed to create a single account for yourself, as a natural person. You may create an additional account for each entity/person who authorises you to agree to these Terms of Service with prior express written authorization. Virtual Publicist reserves the right to reject or require a change as to your registration information (e.g. username, password, email account), for any reason, at its sole discretion.
Your account, User Content, passwords, personal information, and financially-sensitive information are your responsibility. You and you alone are responsible for all actions and omissions arising out of, and/or relating to your account, User Content, and/or use of our Services. Any User Content or information you provide to us is at your own risk of liability, harm, loss, damages, expenses, fees, costs, and/or fines – Virtual Publicist shall not be responsible or liable for your User Content.
There is always a chance that, during the course of using our Services – including, but not limited to, during the course of interacting with persons who have either contacted you or been contacted by you in connection with a listing on Virtual Publicist – you may encounter people, behaviour, interactions, content, and/or other material that you consider inaccurate, objectionable, inappropriate, hostile, indecent, and/or worse. Therefore, you acknowledge and agree that you use our Services at your own risk of encountering such people, behaviour, interactions, content, and/or other material; you acknowledge and agree that you shall not, under any circumstances, hold Virtual Publicist or its Affiliates responsible or liable in connection with such persons, behaviours, interactions, content, and/or other material.
You are hereby notified, pursuant to 47 U.S.C. Section 230(d), that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors; for information about current providers, visit: http://kids.getnetwise.org and http://onguardonline.gov. To be clear, Virtual Publicist does not specifically endorse any site or tool with respect to parental control protection.
Virtual Publicist does not guarantee that it will audit, analyse, or review User Content, embedded media content, and/or third party content before it goes live. You likewise acknowledge and agree that many of the listings and much of the information appearing through our Services is gathered from publicly-available sources. Neither Virtual Publicist nor its Affiliates is in any way responsible for what is published as User Content, third party content, or other listing/profile information in connection with our Services, and we are under no obligation to edit or control User Content, third party content, or listing/profile information. While we like to make efforts to help our users and good-faith members of the general public, we make no warranties or representations regarding responding to User Content issues, third party content issues, or other issues arising out of, or relating to our Services; it is possible that your issue may go unaddressed. That said, we reserve the right to delete any User Content or any other content at any time for any reason without notice, cause, or consent.
You agree that you will not link to our Digital Services (including but not limited to our website) in an effort to disrupt, obstruct, harass, defame, unfairly profit from, or otherwise harm us. Furthermore, you agree that deep linking to our Digital Services is strictly prohibited without our prior express written consent.
You agree to immediately notify Virtual Publicist of any unauthorised use of your account, any breach of security, or any other suspicious or improper usage of our Services (including, but not limited to, reporting inappropriate conduct occurring in real-life, as a result of contact which originated in connection with a Virtual Publicist listing or profile). Likewise, you agree to immediately notify Virtual Publicist with a detailed explanation if you believe you or any other user has committed or will commit a breach of these Terms of Service. You can make such a report by emailing [email protected] Publicist.com with the subject line “Improper Conduct” and a detailed account of the issue.
You may not utilise framing or mirroring techniques to enclose any Virtual Publicist trademark, logo, image, text, layout, format, or other proprietary information or intellectual property, without our prior express written consent. You may not utilise any “hidden text” (e.g. meta tags) that references Virtual Publicist’s proprietary information or intellectual property without our prior express written consent. You may not remove any trademark notice, copyright notice, or other notice of proprietary rights appearing in connection with our Services.
Your User Content is considered to be public and non-confidential in its entirety – it may be discovered, and/or attributed to you, and used by Virtual Publicist and its Affiliates as described in these Terms and Conditions. Despite Virtual Publicist being a private network of creators, your public profile is available to be seen without the need for viewers to join the network, no email or email related information will be available, however all links, social media accounts, and images that you have imputed on your profile will be visible and shareable via search engines. Furthermore, insofar as you attempt to update, revise, and/or remove any User Content, Virtual Publicist makes no guarantees regarding whether or when such update, revision, and/or removal will take effect.
Virtual Publicist may enable you and/or other users to embed video, audio, and multimedia content – such recordings, live performances, interviews, images, and gifs – in the course of building profiles, updating listings, and otherwise using our Services. You acknowledge and agree that all embedded media content is provided pursuant to one or more applicable licences granted by the third party provider(s) whose technology Virtual Publicist uses to offer embedding (e.g. YouTube, Spotify). Virtual Publicist agrees that it will only make use of the embedded media content as permitted by applicable licence, and will not make any claim to intellectual property rights around embedded media content, except to the extent that such content is created by Virtual Publicist and/or separately licensed, transferred, sold, and/or provided to Virtual Publicist. You acknowledge and agree that embedded media content appearing in connection with our Services is not hosted by Virtual Publicist, but rather by a third party provider(s). You further acknowledge and agree that you will not hold Virtual Publicist and/or our Affiliates responsible for the acts and/or omissions of (a) any third party provider licensing the embedding technology and/or embedded media content; and (b) any third party who created and/or published the embedded media content. All embedded media content appearing in connection with our Services is for convenience and entertainment purposes only.
Provided that you fully agree to these Terms of Service – and are capable of conducting yourself in accordance with them at all times– you will be granted a limited, non-exclusive, non-sublicensable, non-transferable, non-delegable, non-assignable, fully revocable license to access and make use of our Services, strictly as intended, in accordance with our terms and conditions (e.g. these Terms of Service). Virtual Publicist reserves the right to limit, suspend, or revoke this licence at any time, for any reason, without notification or warning.
Terms, Services & Access. Virtual Publicist reserves the right to do any and all of the following at any time, effective immediately, without liability, cause, notice, or preservation obligation:
If you do not wish to be bound by modifications relating to our terms, Services, or access rights, you must stop using our Services immediately and cease from all further usage of our Services, including, without limitation. You further agree to email [email protected] Publicist.com with the subject “End Use” and details about your reason for ceasing all further use of our Services.
Virtual Publicist is under no obligation – and shall face no penalty, liability, damage, claim, suit, or loss – to take action or refrain from taking action with respect to maintaining, updating, modifying, improving, and/or providing: (a) our Services; (b) features, functions, details, or portions of our Services; (c) terms and /or conditions relating to our Services; and/or (d) material, data, information, and/or content arising out of, or relating to, our Services – including without limitation information as to persons, companies, and artists involved in the music industry. That said, Virtual Publicist encourages you to contact us if you believe we have listed information which is incorrect, out-of-date, in violation of privacy rights, or otherwise improperly and/or inaccurately published; we strive to do right by our community and, generally, the public.
Accepting your User Content and any embedded media content you own, all code, content, materials and information that are included in our Services – in various formats, including, but not limited to, images, illustrations, photographs, posters and banners, messages, videos, audio, software, data, and text – is the property of Virtual Publicist or one or more third-parties (“Virtual Publicist Content”). Virtual Publicist Content is protected by the copyright laws, trademark laws, patent laws, and other intellectual property laws of the United States and other countries – and you acknowledge and agree all copyrights, trademark rights, and other proprietary rights and interests arising out of and/or relating to the Virtual Publicist Content are owned by us or our licensors to the fullest extent permitted under applicable law. Except as expressly authorised in these terms and conditions, or with the prior express written consent of Virtual Publicist and/or the applicable third party, you may not use, download, upload, copy, print, enter into a database, exhibit, display, perform, sell, lease, rent reproduce, republish, licence or sublicense, post, create derivative works from, transmit, distribute, share, or otherwise exploit or make commercial use from Virtual Publicist Content in whole or in part. You further acknowledge and agree that all rights in the Virtual Publicist name, trade names, logos, service marks, trade dress, slogans, and designs – regardless of the size of the print or the presence of a legal designation (e.g., ™, ® or ©) – are the exclusive property of Virtual Publicist and/or its licensors, and are protected by United States and international law from reproduction, imitation, confusing and/or misleading usage, dilution, and/or any other unfair usages. Nothing expressly stated or implied by these Terms of Service – or by our Services in general – shall give you any right, licence, or other form of permission to use the Virtual Publicist name, or any trade names, logos, service marks, trade dress, slogans, and designs that belong to Virtual Publicist and/or our licensors; your use or misuse of intellectual property belonging to Virtual Publicist and/or its licensors is hereby expressly prohibited. If you wish to obtain permission to use Virtual Publicist’s trademark or other Virtual Publicist Content, or if you have any questions about these terms, please direct your inquiries to us at [email protected] Publicist.com.
For the purpose of service messages and notices intended for general consumption, we reserve the right to contact you through any means we choose, including by mail, telephone, email, social media, or website banner; you agree that any means of contact we choose will suffice for the purpose of providing adequate, timely legal notice.
You acknowledge and agree that you – and not Virtual Publicist – are responsible for any and all applicable local, county, state, federal, and/or international taxes associated with any purchases arising out of and/or relating to our Services (e.g. premium and subscription services). This paragraph includes but is not limited to, sales, excise, import, export, use, personal property, value-added, and electronic/e-commerce taxes.
To the fullest extent permitted by law, Virtual Publicist reserves any and all rights and interests relating to our Company, our Affiliates, and our property which were not expressly enumerated in these Terms of Service, including, but not limited to, rights relating to ownership, title, copyright, patent, proprietary rights, and trademark.
We may offer plans that allow you to use certain aspects of Virtual Publicist, either for free or for a fee (a “Subscription Plan”). We may change Subscription Plans by offering new services or features for additional fees and charges. We may also amend fees and charges for existing Subscription Plans in our sole discretion to better fit the upcoming product, use cases and other reasons yet to be defined.
Any change to a Subscription Plan’s pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms. All Users will be notified by email and inmail that such changes may occur and have the option to opt out should this be their decision.
Any payment done for a yearly subscription is non-refundable but modifications to the subscription plan during that year will not affect the pricing the user has committed to.
For any paid Subscription Plan, you agree to make payments, and we may automatically charge your Payment Method for so long as your Virtual Publicist Subscription Plan remains active.
Subscription Plans may be offered for a set subscription period (“Subscription Term”). If you sign up for a paid Subscription Plan, you agree to the pricing and payment terms specified at checkout or as otherwise communicated to you.
When you initiate a purchase transaction, you authorise Virtual Publicist to provide your payment information to third parties to complete your transaction and charge your Payment Method, in United States dollars, for the Subscription Plan you have selected (plus any applicable taxes and other charges) and any applicable recurring charges as described below.
You will pay any applicable taxes relating to any such transaction and are also responsible for any payment-related fees such as wire transfer fees, credit card processing fees, and foreign transaction fees.
We currently use Stripe as our payment services provider, and by using Virtual Publicist you agree to Stripe’s Services Agreement. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms.
Your subscription continues until cancelled by you if it is a monthly subscription, or we terminate your access to or use of Virtual Publicist in accordance with these Terms.
All Subscription Plans will automatically renew until cancelled by you for renewal terms equal in length to the original Subscription Term. If you do not want a Subscription Plan to renew, you must cancel your Subscription via your account settings page in your Virtual Publicist account or by emailing [email protected] Publicist.com.
By agreeing to these Terms and electing to purchase a Subscription Plan, you acknowledge that your Subscription Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us.
You are not entitled to a refund for any Subscription Plan that you cancel. If you cancel or terminate your Subscription Plan, your right to use features associated with that Plan will continue until the end of your then-current Subscription Term and then terminate without further charges.
Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection).
Virtual Publicist may offer Free Trial periods to allow users to trial Subscription Plans before purchase.
Free Trial Periods may vary in length and availability. The length of a Free Trial is displayed to a user when electing to opt-in to a Free Trial.
Free Trials are limited to one Free Trial Period per Subscription Plan, per customer. Efforts to circumvent this restriction, including, but not limited to, creating multiple Virtual Publicist accounts may result in your removal from the service entirely & restrictions on creating accounts in the future.
Require a payment method to enroll in the trial.
Where a trial does require a payment method, your payment method will be approved at the beginning of the trial but you will not be charged yet.
At the end of the Free Trial period your payment method will be automatically charged for one Term of the Subscription Plan you selected, as each plan has natural limitations of the service offered. The free trial services offered in this term represent the subscription plan selected.
Should you choose not to continue with the Subscription Plan it is your responsibility to cancel your subscription from the Manage Subscription page in your account before the end of your trial.
Virtual Publicist may offer Free Trials that do NOT require you to enter credit card details.
At the end of these trials you will need to enter a payment method to continue to use the Subscription Plan. If you do not successfully enter a payment method or choose not to continue with the Subscription Plan your account will be locked out of the application.
Should you choose to reactivate this account at a future date, your meta data will reappear so long as you sign up with the same username and email. This data will be kept for a maximum of 90 days.
You can cancel a Free Trial at any time before the end of the Trial Period by visiting the Manage Subscription page in your account. Cancelling your trial will immediately downgrade your account to a Free plan.
Virtual Publicist reserves the right – whenever we choose, effective immediately, without liability, cause, notice, or warning – to suspend, terminate, ban, interrupt, restrict, or otherwise modify your (or any other User’s) access to and/or use of our Services, or any functions, details, features or portions of our Services. This includes, but is not limited to, cancelling a subscription for Services and refunding any unused balance, restricting the scope of your use or access, requiring additional costs and/or raising prices, deleting your User Content, and/or outright banning you for an indefinite period of time.
The following terms and conditions shall survive termination:
Each surviving term and condition shall survive until its purpose is fulfilled or until no longer applicable, otherwise indefinitely. Any inapplicable provisions shall be severed from interpretation.
You acknowledge that the disclaimers and limitations specified in this Section 8 cannot and shall not be construed to preclude you from exercising your legal rights to seek relief pursuant to an otherwise applicable consumer protection statute. For example, if you are a consumer who resides in the State of New Jersey, many of these disclaimers and limitations do not apply to you and have no impact on your rights or remedies, namely disclaimers and limitations of liability and damages with respect to any statutory, special, exemplary and/or punitive damages, indirect, incidental, consequential, and/or reliance damages, lost profits, loss of data, and misuse of data.
You acknowledge and fully agree to the following:
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU HEREBY AGREE, ON BEHALF OF YOURSELF, AS WELL AS YOUR EXECUTORS, ADMINISTRATORS, HEIRS AND ASSIGNS, TO FULLY AND UNCONDITIONALLY RELEASE Virtual Publicist AND ITS AFFILIATES FROM ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES WHICH ARISE OUT OF AND/OR RELATE TO Virtual Publicist’S ACTIONS, OMISSIONS, SERVICES, AND/OR THIRD PARTY PROVIDERS, INCLUDING WITHOUT LIMITATION MATTERS RELATING TO (A) USER CONTENT, (B) LISTING, CONTACT, AND/OR PROFILE INFORMATION PUBLISHED BY Virtual Publicist; AND/OR (C) OUR PRACTICES WITH RESPECT TO PRIVACY, DATA, AND THE COLLECTION, PUBLICATION, AND/OR USAGE OF INFORMATION. TO THE EXTENT PERMITTED BY LAW, THIS CLAUSE EMBRACES, BUT IS NOT LIMITED TO, A FULL AND UNCONDITIONAL RELEASE FROM: LOST PROFITS; LOST REVENUE; LOSS OF OPPORTUNITY; DELAY; HARM TO REPUTATION; LOSS OF USE OF SERVICES, OR ANY ASSOCIATED PRODUCTS OR SERVICES; PERSONAL INJURY, GRIEVOUS BODILY HARM, AND/OR WRONGFUL DEATH; LOSS OF ENJOYMENT; INTERRUPTION OF BUSINESS; COST OF CAPITAL, FACILITIES, SERVICES, LABOR, AND/OR SALARIES; DOWNTIME, SHUTDOWN, AND/OR SLOW-DOWN COSTS; SPOILAGE OF MATERIALS; INACCURACY, DESTRUCTION, AND/OR LOSS OF ANY DATA; ANY DAMAGES MULTIPLIER, INCLUDING, BUT NOT LIMITED TO, ANY PROVISION AT LAW FOR DOUBLE OR TREBLE DAMAGES; ATTORNEY FEES; LITIGATION COSTS; THE COST OF SUBSTITUTE SERVICES; ANY ADDITIONAL PENALTIES (INCLUDING, WITHOUT LIMITATION, ADMINISTRATIVE AND/OR CIVIL PENALTIES); AND ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – EVEN IF Virtual Publicist AND/OR ITS AFFILIATES WERE ADVISED AS TO THE POSSIBILITY OF SUCH. INSOFAR AS IT IS LEGALLY PERMITTED, THIS CLAUSE (A) APPLIES REGARDLESS OF WHETHER THE MATTER (A) IMPLICATES NEGLIGENCE, INTENTIONAL CONDUCT, STRICT LIABILITY, OR OTHERWISE; AND/OR (B) INVOLVES A STATUTORY, TORT, CONTRACTUAL AND/OR OTHER DISPUTE. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE MAXIMUM AGGREGATE LIABILITY FOR DAMAGES, HARMS, LOSSES, COSTS, FEES, EXPENSES, PENALTIES, AND FINES ARISING OUT OF OR RELATING TO Virtual Publicist, OUR AFFILIATES, AND/OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID FOR SUBSCRIPTION AND/OR PREMIUM SERVICES WITH Virtual Publicist; OR (B) $2.00.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD Virtual Publicist AND ITS AFFILIATES HARMLESS IN CONNECTION WITH ANY AND ALL THIRD PARTY DISPUTES, CONTROVERSIES, AND/OR CLAIMS FOR DAMAGES, HARMS, DEBTS, LOSSES, LIABILITIES, STATUTORY REMEDIES, FINES, FEES, COSTS AND EXPENSES AND/OR PENALTIES ARISING OUT OF, OR RELATING TO YOUR USE OF SERVICES AND/OR YOUR ACTS AND/OR OMISSIONS IN CONNECTION WITH SERVICES, REGARDLESS OF WHETHER SAID ACTS AND/OR OMISSIONS ARE ALLEGED TO HAVE RESULTED FROM NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY; THIS INDEMNIFICATION PROVISION INCLUDES, WITHOUT LIMITATION, DISPUTES, CLAIMS, AND/OR CONTROVERSIES ARISING OUT OF AND/OR RELATING TO (A) YOUR USE OF OUR LISTINGS AND/OR PROFILES; (B) YOUR USER CONTENT; AND (C) ANY INFORMATION PROVIDED BY YOU WHICH RELATES TO A THIRD-PARTY. YOU ACKNOWLEDGE AND AGREE THAT Virtual Publicist AND ITS AFFILIATES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY CLAIM, DISPUTE, OR CONTROVERSY FOR WHICH YOU ARE BOUND TO PROVIDE INDEMNIFICATION BY THIS CLAUSE OR ANY OTHER TERM OR CONDITION.
OUR SERVICES MAY MAKE USE OF THIRD PARTY SERVICES, FEATURE THIRD PARTY CONTENT, DISPLAY THIRD PARTY ADVERTISEMENTS, RUN THIRD PARTY APPLICATIONS, AND/OR LINK TO THIRD PARTY WEBSITES. FOR EXAMPLE, YOU MIGHT SEE US USE A THIRD PARTY LIKE FACEBOOK FOR LOGGING-IN OR YOUTUBE FOR VIDEOS; YOU MIGHT ALSO SEE Virtual Publicist USE THIRD PARTIES TO FACILITATE MARKETING/PROMOTIONAL COMMUNICATIONS, FINANCIAL TRANSACTION AND CUSTOMER SERVICE ISSUES. NEITHER Virtual Publicist NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY’S INFORMATION, CONTENT, DATA, MATERIALS, PRODUCTS, AND/OR SERVICES WITH WHICH YOU COME INTO CONTACT VIA OUR SERVICES. Virtual Publicist AND ITS AFFILIATES DISCLAIM ANY ENDORSEMENT RELATING TO, AND LIABILITY FOR (A) LINKS OR FEEDS TO OUR SERVICES FROM ANOTHER SITE; AND (B) LINKS OR FEEDS FROM OUR SERVICES TO ANOTHER SITE. WE DO NOT EXAMINE OR AUDIT ANY THIRD PARTY SERVICES OR PRODUCTS, AND WE DO NOT ENDORSE ANY THIRD PARTY SERVICES OR PRODUCTS UNLESS WE EXPRESSLY INDICATE OTHERWISE IN WRITING. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING ANY THIRD PARTY SERVICES AND PRODUCTS – YOU ACCESS AND/OR USE THESE SERVICES AND PRODUCTS AT YOUR OWN RISK AND AGREE THAT NEITHER Virtual Publicist NOR ANY OF ITS AFFILIATES IS RESPONSIBLE FOR ANY CLAIMS, OBLIGATIONS, LIABILITIES, COSTS, DEBT, EXPENSES, LOSSES, DAMAGES, CHARGES, FEES, PENALTIES, OR FINES, ARISING OUT OF OR RELATING TO THE INFORMATION, CONTENT, DATA, MATERIALS, AND OTHER SERVICES AND OFFERINGS AVAILABLE ON OR THROUGH THESE THIRD PARTY SERVICES AND PRODUCTS. THEREFORE, WE ENCOURAGE YOU TO CAREFULLY REVIEW ALL THIRD PARTY TERMS AND CONDITIONS, PRIVACY POLICIES, OPERATIONAL HISTORIES, AND SECURITY PROTOCOLS BEFORE PROCEEDING.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU SEEK TO ENJOIN OR RESTRAIN Virtual Publicist OR ANY OF ITS AFFILIATES FROM PROVIDING SERVICES, INCLUDING, WITHOUT LIMITATION: OPERATING THE WEBSITE Virtual Publicist.com; PROVIDING LISTING AND PROFILE INFORMATION PERTINENT TO THE MUSIC INDUSTRY; CREATING, DISTRIBUTING, AND EXHIBITING CONTENT RELEVANT TO THE MUSIC INDUSTRY; CONNECTING PERSONS INTERESTED AND/OR INVOLVED IN THE MUSIC INDUSTRY; AND/OR STAYING IN TOUCH WITH OUR PROSPECTIVE AND ACTUAL USERS, PAST AND FUTURE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, YOU ARE NOT ENTITLED TO INJUNCTIVE RELIEF, RESCISSIONS, OR ANY OTHER EQUITABLE REMEDY IN CONNECTION WITH THESE TERMS & CONDITIONS AND ANY AGREEMENT HERETO RELATING, EXCEPT THAT AN ARBITRATOR MAY AWARD INJUNCTIVE RELIEF OR REQUIRE SPECIFIC PERFORMANCE, BUT ONLY TO THE EXTENT NECESSARY TO RESOLVE YOUR INDIVIDUAL CLAIM(S).
You and Virtual Publicist agree that any claim, dispute, suit, matter, or controversy arising out of or relating to Virtual Publicist, our Services and/or these Terms of Service will be construed and governed in accordance with the laws of the State of California, without regard to its conflict of laws principles. All disputes will be arbitrated (or, if the mandatory arbitration clause herein specified is found to be invalid, litigated) in Los Angeles, CA. You hereby waive any defence or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens. You acknowledge and agree that this provision is not intended to, in any manner, limit or negate the force or effect of the clause entitled “Arbitration of Claims.”
You and Virtual Publicist acknowledge and agree that any and all claims, disputes, suits, matters, or controversies between you and Virtual Publicist arising out of or relating to Virtual Publicist, our Services, and/or these Terms & Conditions shall be settled exclusively and finally by arbitration, and that you are hereby waiving your right to seek relief in a court of law, including waiver of your right to a trial by jury or a judge. To the extent legally permitted, each party shall advance its own costs, expenses, and fees in an arbitration hereunder. To the extent permitted by the arbitrator, the arbitrator will conduct any hearings by telephonic or video conference appearance, rather than in-person. Any award rendered in an arbitration proceeding hereunder shall be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. This agreement to arbitrate shall be enforceable under and subject to the Arbitration Act (Federal Law), R.S.C. 1985, c. A-43. This act governs the enforcement and interpretation of arbitration agreements in Canada, and is based on the principles of the FAA. Both acts aim to promote the use of arbitration as a means of resolving disputes, and provide a framework for the enforcement of arbitration agreements and the conduct of arbitral proceedings
You agree that you may only pursue a claim, dispute, suit, matter, or controversy arising out of or relating to Virtual Publicist, our Services, these Terms of Service, and/or any other agreement you may have formed with us in an individual capacity. You agree that you shall not be involved with any class or representative proceeding – or otherwise participate as a lead plaintiff or class member, in a putative or certified class – involving any claim, proceeding, action, controversy, or dispute arising out of or relating to Virtual Publicist, our Services, our Affiliates, our Terms of Service, and/or any other agreement you may have attempted to or actually formed with us.
To be clear: nothing in this Agreement, including the Mandatory Arbitration provision and other language, is intended to prevent you from bringing issues (including, without limitation, matters relating to Virtual Publicist, our Affiliates, and these Terms of Service) to the attention of local, state, or federal officials and/or agencies as you deem appropriate.
Except as expressly permitted otherwise in writing, you may not assign, delegate, sell, or transfer any of your rights or obligations under this Agreement. Notwithstanding anything herein contrary, Virtual Publicist may freely assign, delegate, sell, and/or transfer its rights and obligations under this Agreement – and any assets relating to, arising out of, and/or concerning this Agreement – including without limitation circumstances of sale, merger, acquisition, reincorporation, consolidation, reorganisation, or other change of control. This Agreement will be binding on your heirs, assigns, administrators, and other legal representatives, and shall inure to the benefit for Virtual Publicist and any of its successors and/or assigns.
You acknowledge and agree that Virtual Publicist shall hold no liability or responsibility for any harm, damages, penalties, losses, costs, expenses, fees, or issues that result from factors beyond the scope of our reasonable control. This includes without limitation, acts of God, weather, the shutdown of carriers, transportation, and/or utilities, strikes and protests, acts of warfare and/or terrorism, and actions taken by government agencies.
If any of the terms and conditions herein – or any portion(s) of any terms or conditions – are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible to the extent permitted by law; moreover, the remainder of the Terms of Service herein – and all other portions thereof – shall nevertheless remain in full force and effect to the extent legally permissible. Your jurisdiction may not allow the disclaimer of certain warranties or limitations of certain types of damages. Thus, it is possible that portions of these Terms of Service may not apply to you. However, the limitation or exclusion of a particular disclaimer, restriction, limitation, term, or condition shall, in no manner, impact any other provision herein, nor shall it affect the validity or force of that disclaimer, restriction, limitation, term, or condition in other jurisdictions, to the extent allowed by law.
Any translation of these Terms of Service is merely provided as a convenience. Any discrepancy or dispute involving a translated version of these Terms of Service and the English version of these Terms of Service shall be resolved in favor of the English version.
You acknowledge and agree that any failure by either party to require the other’s strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right by that party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement herein stated. In other words, Virtual Publicist may enforce and/or exercise our rights under these Terms of Service as we deem fit, without having to waive them at any point.
We reserve the right to run advertisements and promotions through our Services, and to receive a contingency payment, structured payment, bonus and/or commission in connection with our ads and promotions.
Your words and actions are yours and yours alone – and the same goes for third parties. You acknowledge and agree that Virtual Publicist does not support, endorse, assume liability for, or take responsibility for any User Content, any publicly-sourced information we distribute and/or exhibit, or any other third party statements or interactions arising out of or relating to our Services; any User Content, publicly-sourced information, and any third party statements and interactions solely reflect the statements, positions, and opinions of the person and/or entity creating the content, making the statement, and/or engaging in the interaction. You further acknowledge and agree that you will not hold Virtual Publicist liable or responsible to the extent that a third-party uses our Services to publish or cause to be published information that (a) relates to you and/or a person/entity connected to you, and (b) is false, misleading, and/or private; this includes but is not limited to publications resulting from (a) creation of a profile without authorization of the person, company, or artist identified in the profile; (b) impersonation a person, company representative, or artist; (c) accessing a pre-populated profile without proper authorization from the person, company, or artist identified in the profile; (d) submission of false, misleading, and/or private information to Virtual Publicist by a third party; and (e) the public appearance of false, misleading, and/or private information by some person or entity other than Virtual Publicist. Although Virtual Publicist provides listings, contact information, profile information, and creative media relating to persons, companies, and artists involved in the music industry, you acknowledge and agree that such listings, information, and media, do not constitute an endorsement of, or affiliation with the persons, company, and/or artists therein reflected.
Insofar as these Terms of Service include any errors or ambiguities related to spelling, grammar, or syntax – or any other clear errors or ambiguities – these errors and ambiguities shall be construed to reflect the intent of the parties. This includes, without limitation: (a) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “and” vs. “or” vs. “and/or”; and (b) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “including” – which shall mean “including without limitation,” rather than as point of exclusion, unless otherwise noted.
As with all applicable laws, rules, regulations, restrictions, and standards, you agree to abide by all applicable laws, rules, regulations, restrictions and standards concerning United States export controls, including, but not limited to, any applicable embargoes.
Reporting Infringement. Virtual Publicist is committed to protecting the rights of copyright owners and ensuring that users of the app comply with copyright laws. If you believe that your work has been copied and is available on the Virtual Publicist app in a way that constitutes copyright infringement, please notify us by providing the following information:
We encourage users to resolve disputes regarding copyright infringement directly with the alleged infringer. Virtual Publicist does not have the authority to make legal determinations about the validity of a copyright claim or to enforce copyright law. If a user believes that their content has been removed or disabled as a result of a mistake or misidentification, they may provide a counter-notice to our designated agent, which will include the following information: