The Stonewailer

Local. Live. Music. Here.

LEGAL

SUBMISSION/RECORDING AGREEMENT

Musician Agreement: 1. First, you must fill out and sign our music submission agreement form, available above.

This assures us that you are authorized to submit the material you’re sending.

a) A CD with your music on it, or download links. You can also send us, either in your press kits or via email, any material intended for display on the Stonewailer website (this includes pictures, discography, extensive biography, etc.).

b) For submission and analysis purposes please include a little bit of printed biographical information (info about your music). We’re interested in knowing about you: press quotes, tour date information similar artists, etc.

c) Please include your band name and an email address on everything you send us.

d) If you are a record label, please feel free to send info on your artists.

2. We listen to everything that we receive.

3. We try to add every CD that we receive to Stonewailer. Our volunteer reviewers are responsible for auditioning your submissions for inclusion.

User Agreement:

THE STONEWAILER

TERMS OF USE
(EFFECTIVE AS OF Feb. 17, 2007)

PLEASE READ CAREFULLY
Should you have any questions concerning this Agreement or need technical support, you may contact The Stonewailer Administrator.

This Terms of Use Agreement (this “Agreement”) is a legal agreement between you and The Stonewailer (“Stonewailer”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your use of Stonewailer’s streaming music services (collectively, the “Stonewailer Services”) and podcasts, including our Web site [https://thestonewailer.wordpress.com] (the “Site”).

We may from time to time modify these terms of use and will post a copy of the amended Agreement here. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Stonewailer Services (as defined below). You will be deemed to have accepted the Agreement as amended if you continue to use any of the Stonewailer Services after any amendments are posted on the Site.

PARENTAL ADVISORY. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THE STONEWAILER SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE OR OLDER. BECAUSE THE STONEWAILER SERVICES MAY PROVIDE ACCESS TO MUSIC THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17.

THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE STONEWAILER SERVICES. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE STONEWAILER SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE STONEWAILER SERVICES. YOU MAY BE DENIED ACCESS TO THE STONEWAILER SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.

1. AUTHORIZED USERS

1.1 U.S. Residents; Age Requirement; Authority. In order to use any of the Stonewailer Services, you must be a resident of the United States of America and at least 13 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement and (ii) you are at least 13 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the Stonewailer Services.

1.2 Registration. To use any aspect of the Stonewailer Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the “Service Information”). You agree to provide accurate Service Information and to update your Service Information as necessary to keep it accurate. Stonewailer will use your Service Information in accordance with its privacy policy, as described in Section 7 of this Agreement. You agree that you will not allow others to use any aspect of your Service Information. You are solely responsible for maintaining the confidentiality and security of your Service. You agree to notify us immediately of any unauthorized use of your password and/or Service. Stonewailer will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or Service and you agree to indemnify and hold harmless Stonewailer, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

2. LICENSE TO Stonewailer SERVICES

2.1 License Granted. Stonewailer grants to you a limited, non-exclusive, non-transferable license to access and use the Stonewailer Services in the United States for personal non-commercial purposes only. If you subscribe to any of the Stonewailer Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.2 may result in the immediate termination of your right to use the Stonewailer Services. Stonewailer reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE Stonewailer SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

2.2 Updates and Plug-ins. Stonewailer may from time to time make available to all users, Updates or Plug-ins at no cost or subject to additional fees in Stonewailer’s sole discretion. “Updates” means any updates, upgrades or error corrections to the Stonewailer Services that Stonewailer makes available generally to users of the Stonewailer Services. “Plug-ins” means any options, features or additional software licensed separately from Stonewailer that is designed to work in connection with the Stonewailer Services. Notwithstanding anything else contained in this Agreement, Stonewailer will have no obligation to continue producing or releasing new versions of the Stonewailer Services or any Updates or Plug-ins related thereto.

3. RESTRICTIONS

You agree that you will not:

3.1 use the Stonewailer Services to reproduce copyrighted materials;

3.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the Stonewailer Services;

3.3 make the Stonewailer Services available over a network (other than Stonewailer’s network) where it could be used by others;

3.4 provide your password to any other person;

3.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Stonewailer Services or any portion of them;

3.6 circumvent any technology used by Stonewailer or its licensors to protect content accessible via the Stonewailer Services;

3.7 rent, lease or sublicense any of the Stonewailer Services; or

3.8 use the Stonewailer Services in any way that violates the terms of this Agreement.

4. COPYRIGHTS

As between you and Stonewailer, you acknowledge that Stonewailer owns or has a license to all title and copyrights in and to the Stonewailer Services. All title and intellectual property rights in and to the licensed content in the Stonewailer Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

5. STONEWAILER TRADEMARKS AND THIRD-PARTY TRADEMARKS

The following are registered trademarks or trademarks of Stonewailer: Stonewailer, and its design logo, as well as certain other Stonewailer trademarks, service marks, graphics, and logos (collectively, the “Stonewailer Trademarks”) used in connection with the Stonewailer Services. The Stonewailer Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Stonewailer Trademarks or the trademarks of any third party.

6. SECURITY

The Stonewailer Services utilize technology to protect transmitted digital information. Your use of the Stonewailer Services may be limited by such technology. You acknowledge that, from time to time, Stonewailer may modify or discontinue using such technology. Security modifications made by Stonewailer may from time to time include required or automated updates, modifications, patches, and/or reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

7. PRIVACY POLICY

Unless otherwise addressed in this Agreement, the Stonewailer Services are subject to Stonewailer’s Privacy Policy, that can be found at below and that by reference is made a part of this Agreement. It is important that you read and understand the terms of Stonewailer’s Privacy Policy. Stonewailer may cooperate with and disclose information (including your Service Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Stonewailer Services.

8. AGREEMENT TO PAY

If you elect to pay for any future Stonewailer Services, you agree to pay all fees and charges associated with your service on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged by invoice to your physical of email address. You will maintain valid PayPal information, or provide a check or money order for all services.

9. TERM

This Agreement will remain effective until terminated by you or terminated by us.

10. DISCLAIMERS

10.1 THE STONEWAILER SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU “AS IS.” ANY USE OF THE STONEWAILER SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STONEWAILER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. STONEWAILER MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE STONEWAILER SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND STONEWAILER DISCLAIMS ANY LIABILITY RELATING THERETO.

10.2 STONEWAILER MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE STONEWAILER SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, STONEWAILER MAY MODIFY, SUSPEND, OR DISCONTINUE THE STONEWAILER SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER STONEWAILER ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE STONEWAILER SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. STONEWAILER DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

10.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE STONEWAILER SERVICES. STONEWAILER WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.

10.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE STONEWAILER SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT STONEWAILER ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.

11. LIMITATION OF LIABILITY

11. IN NO EVENT WILL STONEWAILER BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF STONEWAILER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STONEWAILER OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

12. INDEMNITY

YOU WILL INDEMNIFY AND HOLD STONEWAILER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE STONEWAILER SERVICES.

13.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the Stonewailer Services.

13.2 Stonewailer or its business partners may present advertisements or promotional materials on or through the Site and the Stonewailer Services. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Stonewailer is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

13.3 The Site and the Stonewailer Services may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site.

13.4 The Stonewailer Services are owned or licensed by Stonewailer and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

13.5 If you know of, or suspect, copyright infringement, please send a notice to Stonewailer.

13.6 This Agreement will be governed by the laws of the State of Oregon. The exclusive jurisdiction for any claim, action or dispute with Stonewailer or relating in any way to your use of the Stonewailer Services will be in the state and federal courts of the State of Oregon and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Multnomah, Oregon.

13.7 Should you have any questions concerning this Agreement.

13.8 Stonewailer may send notices to you with respect to the Stonewailer Services by sending an email message to the email address listed in your Service Information, by sending a letter via U.S. mail to the contact address listed in your Service Information, or by a posting a note on the Site when you access your Service. Unless otherwise stated in the notices, the notices will become effective immediately.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

THE STONEWAILER


(EFFECTIVE AS OF
FEB. 17, 2007)

PLEASE READ CAREFULLY

This is the privacy policy (“Privacy Policy”), effective as of FEB. 17, 2007, for the https://thestonewailer.wordpress.com Web site (the “Site”) made available by Stonewailer, the legal owner of the Site (“we”, “us” or “our”). This Privacy Policy sets forth our policies regarding the collection, use and disclosure of certain information relating to your use of the Site and our streaming music service (the “Service”). Your use of this Site signifies your understanding and acceptance of the terms of this Privacy Policy.

This Privacy Policy is incorporated into, and part of, the Terms and Conditions https://thestonewailer.wordpress.com, which govern your use of the Site in general.

We recognize the importance of protecting your privacy and our Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us, and to assist you in making informed decisions when using the Site. This Privacy Policy will be continuously assessed against new technologies, business practices and our customers’ needs. As we update and diversify our services, this Privacy Policy may evolve. Please check this page for updates periodically. We will try to post any changes to this Privacy Policy before they become effective. If we make any material changes to this Privacy Policy, we will notify you here, by email or by means of a notice on our Site’s home page that you must view to access the Service.

Please note: By using or registering with our Site or by providing personal information, you agree to abide by these terms.

If you have questions or concerns regarding this Privacy Policy or wish to exclude your personal information from our direct marketing purposes, please feel free to contact us below.

The types of information we collect

We have several areas where you can submit information to us, and we also have features that automatically collect information from the users of our Service and visitors to our Site.

Contacting Us: You are always free to contact us with a question or problem related to your use of the Site or our Service. Our standard business practice is to retain any communications from our registered Service users, subscribers and Site visitors to help us to serve each of you better.

Your Acceptance of this Privacy Policy:

By using this Site, you signify your acceptance of our Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time so visitors are encouraged to review this Privacy Policy from time to time. Your continued use of our Site following the posting of changes to these terms means you accept these changes.

Contact us:

If you have any questions about this, send The Stonewailer Administrator a message through this site.

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1 Comment »

  1. Hi, interested in submitting music (yay-all local music podcast!) So where should I send cd and submission agreemnt, or e-mail our online press kit?

    Thanks!
    Emily

    Comment by Emily | March 21, 2007 | Reply


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