PutItOn.com Terms of Use

Last Modified: 05/29/09

1.         Introduction.
Welcome to the PutItOn.com website (the “Site”).  PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE SITE.  By accessing the Site, using the Site or by clicking on a box that states you accept or agree to these Terms of Use, you are agreeing to comply with and be bound by the following Terms of Use.  This Site is intended for users 13 years of age or older.  If you are between 13 and 17 years of age, please have your parent or legal guardian review and discuss the Privacy Policy with you as well as PIO’s Privacy Policy, Artist Submission Agreement, and any other legal notices posted on this Site.  If you are not at least 13 years of age, please do not view, access, join, post, or otherwise use this Site.  If you do not agree to these Terms of Use, the Privacy Policy, Artist Submission Agreement, or any other legal notices posted on this Site, please do not view, access, join, post, or otherwise use this Site. 
The terms “PIO” or “us” or “we” or “our” refer to PutItOn, LLC, the owner of the Site as well as its subsidiaries, affiliates, partners, agents, attorneys, officers, directors, employees, designees and assignees.  The terms “you” or “your” refer to anyone who views, discusses, joins, posts, or otherwise uses the Site.  The term “use” or “using” in this agreement refers to any time when anyone (a “user”), directly or indirectly, (a) accesses or attempts to access, display, view, print or copy from the Site, (b) receives, transmits, submits uploads, or exchanges any data or information with the Site or with the Site’s users, (c) registers an account with the Site, or (d) in any way utilizes, benefits from, or interacts with any feature, function, or service of the Site for any purpose.

2.         Modifications.
PIO reserves the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you.  PIO will post any updates to the Terms of Use on our Site.  Please review the Terms of Use periodically.  Your continued use of the Site following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use

3.         Accounts and Registrations.

Certain sections of, or offerings from, the Site may require you to create an account by registering a unique user/log in name and password in order to access and/or use certain features, functions or services of the Site.  If registration is requested, you agree to provide us with current, truthful, accurate, and complete registration information.  You agree that any information you provide to us at any time and for any reason is current, complete, true and accurate.  Please read our Privacy Policy, which describes the personal information we collect, use, manage, disclose and store. 

Only persons who are 18 years or older may use PIO’s services including but not limited to registering an account for the Site.  If you are between 13 and 17 years of age, you may use this Site only if supervised by a parent or legal guardian and if you decide to register an account with the PIO the parent or legal guardian must register an account on your behalf using the parent or legal guardian’s personal information.  In this case, the parent or legal guardian is the user and is responsible for any and all activities arising out of your use of this Site.  If you are not at least 13 years of age, you may not register or otherwise create an account, view, access, join, post, or otherwise use this Site.

Each registration is for your personal use only.  You may not allow any other person or entity to use your account information including your user/log in name or password for any reason.  PIO is not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your user/log in name or password.  In the event you become aware of or believe there was or is any unauthorized use of your account including your user/log in name or password, you must notify us immediately by email at: feedback@putiton.com.
We reserve the right to terminate or suspend your account or ability to use or access the Site or any portion thereof for failure to comply with these Terms of Use, the Privacy Policy, or any other legal notices on this Site, for infringing any copyright, trademark, or other intellectual property, or for any reason whatsoever.

4.         Ownership of PIO’s Intellectual Property.

Except to the extent provided herein, the contents of this Site, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics,  databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, including, without limitation, the sequence, arrangement, and selection thereof, and all trademarks, service marks, and trade names (individually or collectively the “Materials”) are the property of PIO and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners.  The Materials are protected, without limitation, pursuant to United States federal and state as well as the applicable foreign laws, regulations, statutes and treaties.  The copying, distribution, redistribution, use, preparation of derivative works, or publication by you of the Materials or any part of the Site is strictly prohibited unless you have express written consent from PIO or the appropriate copyright owner. You do not acquire ownership rights to any Materials or other content viewed or accessed through the Site.

5.         Ownership of Your Intellectual Property.

PIO does not claim ownership of “Your Materials” defined as your work, materials, or other information that you post, upload, submit, or otherwise transmit to the Site.  You agree not to copy, distribute, redistribute, prepare derivative works, or publish any of the Materials or any part of the Site other than Your Materials unless you have obtained express written consent from PIO or the appropriate owner. You also agree not to steal, exploit, distribute, copy, or otherwise use another individual’s posting (as defined below in Sections 6 and 8) or artist materials or submissions, or any ideas, concepts, or other information or content therefrom without express written consent of that individual.

When you upload, submit, post or otherwise transmit Your Materials via the Site, you acknowledge that third parties will be able to view, access, copy, distribute and/or display Your Materials, without restriction. In the event the third parties' use violates these Terms of Use, the Privacy Policy, Artist Submission Agreement, or any other legal notices on this Site, you understand, agree and acknowledge that PIO shall not be responsible or liable for any such use of Your Materials by third parties.

You hereby grant PIO a worldwide, non-exclusive and royalty free license to transmit, produce, display, distribute, format, store, perform and prepare derivative works based on and of Your Materials so that PIO may make Your Materials available through our services and on our Site, solely to advertise, market, or otherwise promote the Site. 

6.         Forums/Chat/Message Boards/Profiles/Collections.
Portions of this Site may permit you and other users to submit, distribute, transmit, upload, post or exchange opinions, ideas, information, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Post,” “Posting,” or “Postings”).  You acknowledge, understand and agree that you may not post if you are under the age of 13 years old.  You also acknowledge, understand and agree that you are solely responsible for any Posting including any consequences thereof. 
In the event you originate and/or submit, upload, or otherwise transmit a Posting onto the Site or a Posting originates and/or is submitted, uploaded or otherwise transmitted from your account, you acknowledge, understand and agree that:
            (a)       The Posting must comply with and not violate these Terms of Use, the Privacy Policy, and any legal notices on this Site;
            (b)       The Posting must not contain any other information or content that PIO considers in its sole discretion to be inappropriate for the Site;
            (c)        The Posting must not contain any personal attacks on any person, entity, or user;
            (d)       You represent and warrant that you possess any and all necessary rights in and to the Posting or Postings;
            (e)       The Posting must not infringe any legal, proprietary, intellectual property or other rights of person, entity, user, or third parties;
            (f)        Although free speech is permitted and encouraged, any Posting must not contain hate speech of any kind including, without limitation, speech that attacks, insults, or demeans a group of persons based on their race, sexual orientation, gender, age, disability, ethnicity, or veteran status;
            (g)       PIO possesses the right to change, use, delete, exploit and distribute the Posting in any manner and at our sole discretion;
            (h)       You agree not to steal, exploit, distribute, or otherwise use another individual’s Posting or artist materials or submissions, or any ideas, concepts, or other information or content therefrom without express written consent of that individual; and 
            (i)         You are 13 years of age or older.  If you are between 13 and 17 years of age, the parent or legal guardian who supervises your use is the user and accepts responsibility for any and all activities arising out of your use of this Site. 

PIO reserves the right but does not have the obligation to supervise, police, monitor, endorse, edit or screen any Postings.  Postings do not necessarily reflect the views or opinions of PIO.  You acknowledge, understand and agree that PIO shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury or losses resulting from or related to the Postings, their use and/or appearance on the Site.

At our sole discretion, PIO reserves the right at any time and without any limitations to (a) delete and remove any Postings, (b) refuse to allow you or any user to post, (c) revoke your or any user’s right to post or use the Site, and (d) use any means or mechanisms necessary to enforce these Terms of Use, the Privacy Policy,or any other legal notices on this Site.

If you believe or have reason to believe that any Posting violates the Privacy Policy, the Terms of Use, or any legal notices on this Site, please notify us immediately by email with sufficient information to identify the Posting at: feedback@putiton.com.

7.         Submission of Your Materials.
If you register an account with the Site, you will be able to submit, upload, or otherwise transmit certain types of artwork including but not limited to photographs, paintings, sculptures, video, audio, music, and scripts onto the Site for purchase by third parties.  Prior to the submission, uploading or otherwise transmission of this artwork, you must accept and agree to the terms, rules and conditions of the Artist Submission Agreement, which are incorporated into these Terms of Use.  If you are under the age of 13 years of age, you may not participate in this service offered by PIO.  If you are between 13 and 17 years of age, your parent or legal guardian may submit, upload, or otherwise transmit certain types of artwork on your behalf so long as your parent or legal guardian accepts and agrees to be bound by the terms, rules and conditions of the Artist Submission Agreement.  PIO will not charge you for online storage of Your Materials unless such storage for all submissions exceeds 1 GB.

8.         Rules of Conduct.

You are solely responsible for any acts, omissions or activities that arise out of or relate to your use of the Site including your account information such as your user/log in name and password.   Your access and use of the Site and any information including but not limited to Your Materials, Materials, or another artist’s materials therein (collectively defined as “Content and Materials”) are subject to all applicable United States federal and state as well as the applicable foreign laws, regulations, statutes and treaties.  You understand, acknowledge, and agree your access and use of the Site and any Content and Materials therein are also subject to the following rules of conduct: 
            (a)       PIO reserves the right to review, edit, reject, refuse, or delete Your Materials or any other Content and Materials from the Site at any time;
            (b)       PIO reserves the right to review, edit, reject, or delete any text, information or other content you post, submit, upload or otherwise transmit to the Site;
            (c)        You may not transmit, copy, distribute, post, upload, publish, or reproduce in any way, trademarks, service marks, copyrighted materials, or other proprietary or trade secret information without first obtaining express written consent of the owner of such intellectual property, trade secret, or other proprietary information;
            (d)       You may not post, submit, publish, upload or otherwise transmit any graphics, text, messages, posts, photographs, images, audio or video files, artwork or other content or information onto the Site that:
                        (1)       contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site;
                        (2)       infringes or violates the right of any individual or entity including, without limitation, (i) any right of privacy, (ii) any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or (iii) any contractual rights;
                        (3)       is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic (including child pornography), slanderous or otherwise harmful;
                        (4)       constitutes hate speech;
                        (5)       contains unlawful information;
                        (6)       contains any nude works featuring individuals under 18 years of age; and
                        (7)       does not generally relate or is inconsistent with any discussion, topic or theme of any of the Site’s forums, chat rooms, message boards, or online communities.
            (e)       You understand and agree that PIO has the right at any time to disclose any information, including any user’s personal information, which is necessary to comply with or satisfy any law or valid governmental request.  This includes, without limitation, disclosure of information related to any investigation of purported illegal or criminal activities or compliance with a court order or subpoena;
            (f)        You may not create compilations or derivative works of any Content and Materials from the Site;
            (g)       You may not remove, change, obscure, or otherwise alter any copyright notice, other proprietary notice, or other legal notice contained in the Site;
            (h)       You may not use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations;
            (i)         You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States;
            (j)         You may not interfere or attempt to interfere with the working or functionality of the Site or any activities conducted on the Site;
            (k)        No spamming.  You may not post, submit, upload or otherwise transmit large amounts of repetitive or untargeted content.  You may not create false or misleading descriptions, thumbnails, tags, or titles to increase views;
            (l)         You agree not to steal, exploit, distribute, or otherwise use another individual’s Posting or artist materials or submissions, or other information or content therefrom without express written consent of that individual;
            (m)      You agree not to steal, exploit, distribute, or otherwise use another person’s, entity’s, or third party’s ideas or concepts without express written consent of, credit to, and compensation to that individual.
            (n)       You may not access, view, join or otherwise use this Site if you are not yet 13 years of age.
            (o)       If you are between 13 and 17 years of age, a parent or legal guardian must supervise your use of the Site.  The parent or legal guardian who supervises your use is the user and accepts responsibility for any and all activities arising out of your use of this Site. 

9.         Fees.

PIO’s services via this Site are free except you will be responsible to pay PIO for storage costs of your files, data or other information that exceed 1 GB in total. In addition, you will be responsible to pay any fees assessed by third party payment processors, including but not limited to PayPal.

If your account is terminated or if you close your account, you understand, agree, and acknowledge that you remain obligated to pay PIO for any and all unpaid fees plus any penalties that may apply.  In addition, you will be responsible to pay PIO for any fees, including but not limited to collection and attorney fees, incurred by PIO to collect any remaining unpaid fees from you.  PIO reserves the right at any time and in our sole discretion to change our fee policy.

10.       Advertisers.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.  You understand, agree, and acknowledge that PIO is not responsible or liable for any illegality or any error, inaccuracy or other problem in the advertiser’s or sponsor’s materials.

11.       Shopping.
If you list an item for purchase on the Site, you warrant that you may legally sell the item on the Site and are the lawful owner of the item.  You also warrant that you and all aspects of the item comply with all legal notices posted on the Site, including but not limited to these Terms of Use, Artist Submission Agreement, and Privacy Policy.  Each item must have its own listing.  You must correctly identify and describe each listed item as well as any terms of sale including but not limited to the listed item’s sale price, shipping, method or collection of payment, return of defective or damaged items, terms and conditions of use of your purchased listed item, or any other policies related to the purchase or sale of your listed item. 

As part of a transaction, you may obtain a third party’s personal information, including but not limited to such third party’s name, physical address, email address, and telephone number.  You may only use this third party’s personal information for that transaction.  You may not use this personal information for any other reason, including but not limited to adding the third party to your email or mailing list, unless you first obtain prior written consent from the third party.

You, the seller, understand, agree and acknowledge PIO shall not be responsible or liable for claims, damages or injuries of any kind arising from or related to the listed item.  Also, you, the buyer, understand, agree and acknowledge PIO shall not be responsible or liable for claims, damages or injuries of any kind arising from or related to the listed item. 

For further discussion on listed items, please see PIO’s Artist Submission Agreement,

12.       Contests, Sweepstakes, Promotions, and Other Activities.
Periodically, PIO, its advertisers or sponsors may conduct contests, sweepstakes, promotion or otherwise similar activities on or through the Site (“Contest”).  Each Contest may be governed by its own set of rules and/or terms, which will be posted on the Site or otherwise made available to you and, for each Contest, will be deemed incorporated into and form a part of these Terms of Use.  To the extent any rules or terms for a particular Contest conflict with these Terms of Use, the rules or terms of the particular Contest for which you choose to participate govern.  You understand, agree and acknowledge that you may not participate in any Contest if you are not at least 13 years of age.  If you are between 13 and 17 years of age, a parent or legal guardian may participate in any Contest on your behalf and in compliance with these Terms of Use, the Privacy Policy, or any other legal notices on this Site.

13.       Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site including, without limitation, Postings, advertising or sponsorship, or hyperlinks.  You understand, agree and acknowledge that PIO is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site.  You understand, agree and acknowledge that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect PIO’s  beliefs or opinions.

14.       Third Party Software.
PIO may make third party software available through the Site.  You understand, agree, and acknowledge PIO shall not be responsible or liable for any claims, injuries or damages of any kind arising from or related to the use or downloading of any third party software.  You must agree to the terms of use of the third party software provider in order to use or download the third party software.  You also understand, agree and acknowledged that the third party software is downloaded or otherwise provided on an “AS IS” basis without warranty of any kind. 

15.       Links to Other Websites.

The Site contains links to other websites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such websites, and no information in such websites has been endorsed or approved by us. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.  If you decide to leave our Site and access these third party websites, you do so at your own risk.  These third party websites may also have privacy policies different than our Privacy Policy.  You understand, agree and acknowledge that PIO shall not be responsible or liable for any direct, indirect, incidental, special or other damages caused by or related to the transmission, exhibition, exploitation or distribution of any information or content contained within or by these third party websites.

16.       Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use.  You must review this Privacy Policy by clicking on this link.

17.       Errors, Corrections and Changes.

PIO does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our  absolute and sole discretion to edit or delete any text, videos, photographs, postings, audio files, information or other content appearing on the Site.

18.       Unlawful Activity.

PIO reserves the right to investigate complaints or reported violations of this Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

19.       Copyrights and Copyright Agents.

PIO respects the intellectual property of others, and we ask you to do the same. If you believe that your work or Your Materials on our Site has been copied in any way that constitutes copyright infringement, please provide our copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512:
            (a)       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
            (b)       A description of the copyrighted work that you claim has been infringed;
            (c)        A description of where the material that you claim is infringing is located on the Site;
            (d)       Your name, physical address, telephone number, and email address;
            (e)       A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and
            (f)        A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

PutItOn, LLC
Attn: Max Fraser
499 North Canon Drive, Suite 400
Beverly Hills, CA 90210 USA
Email address: copyright@putiton.com

Upon receipt of the proper information from you that complies with the above requirements under the DMCA, PIO will use reasonable efforts to investigate your claim.  If PIO determines the material or works you described constitutes a copyright infringement, PIO will remove, disable access, and/or take down the infringing materials.  PIO will notify the individual or entity that uploaded the infringing materials and permit them (the “Counter-Notifier”) to provide a counter-notification in writing to PIO’s designated copyright agent under the DMCA.  The counter-notification must be written and include the following information:

            (a)       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
            (b)       A description of the work that has been removed or to which access has been disabled and the location where the work appeared before it was removed or access to it was disabled;
            (c)        Counter-Notifier’s name, physical address, telephone number, and email address;
            (d)       A statement by the Counter-Notifier consenting to the jurisdiction of a federal district court for the judicial district in which the Counter-Notifier’s physical address is located, or if the Counter-Notifier’s physical address is outside the United States, for any judicial district in which PIO may be found, and that Counter-Notifier will accept service of process from the person who provided notification of allegedly infringement or agent of such a person; and
            (f)        A statement by the Counter-Notifier, made under penalty of perjury, that he/she/it has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. 

20.       Indemnification.

You understand, acknowledge and agree to be responsible for maintaining the confidentiality of your account information including but not limited to your user/log in name and password and for your account activity.  You agree to indemnify, defend and hold us and our subsidiaries, affiliates, partners, agents, officers, partners, directors, employees, subcontractors, successors, assigns, designees, third party suppliers of information and documents, attorneys, advertisers, and product and service providers (collectively, "Affiliated Parties") harmless from any liability, loss, claim, damages, costs and expense (including, without limitation, to reasonable attorney's fees and costs) arising out of or related to (i) your use of the Site, your account information and activity for and through the Site, or violation of these Terms of Use, Privacy Policy, Artist Submission Agreement and any legal notices on this Site, (ii) your violation or purported or threatened violation of any third party’s rights, including but not limited to the third party’s right of privacy or publicity or moral rights, trademark, copyright, patent, trade secret or trade name, and (iii) any third parties’ purchase, attempted purchase, or any other use of Your Materials.  PIO reserves the right to hire our own separate legal counsel as well as assume or take exclusive control and defense of any matter subject to indemnification by you.

21.       Disclaimer.

THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN OR ON THIS SITE ARE NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR ANY LEGAL, PROFESSIONAL, OR OTHER ADVICE, AND MAY NOT BE USED FOR ANY SUCH PURPOSES.

YOUR USE, ACCESS, OR BROWSING OF THIS SITE ARE PERFORMED AT YOUR OWN RISK.  THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  WITHOUT LIMITING THE FOREGOING, PIO IS NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL COMPONENTS, MALICIOUS CODE, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN THE SITE INCLUDING THOSE ARISING OUT OF YOUR USE OF THE SITE. 

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT PIO AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS OF ANY NATURE,  LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S USE OF THE SITE OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.  THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PIO AND YOU.  THIS SITE AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

THIS SITE MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS.  PIO DOES NOT ENDORSE, GUARANTEE, OR IS RESPONSIBLE FOR THE ACCURACY, VERACITY, OR EFFICACY OF ANY CONTENT, INFORMATION OR POSTINGS GENERATED BY OUR USERS. 

22.       Limitation of Liability.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT PIO AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY  SERVICES OR PRODUCTS OBTAINABLE THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SITE AND/OR ACCOUNT INFORMATION INCLUDING USER/LOG IN NAME AND PASSWORD, (D) THE CONTENT CONTAINED ON THE SITE, (E) THIRD PARTIES’ PURCHASE, ATTEMPTED PURCHASE, OR ANY OTHER USE OF ARTIST MATERIALS, AND (F) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF A COVERED PARTY.

THE AGGREGATE LIABILITY OF PIO AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, ITS MATERIALS AND/OR THE PRODUCTS, TEXT, DOCUMENTS, AUDIO AND VIDEO FILES, PHOTOGRAPHS, SERVICES, OR OTHER INFORMATION PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST PIO AND ANY OF OUR AFFILIATED PARTIES.

23.       No Agency Relationship.

You understand, agree, and acknowledge that you and PIO are independent contractors and that no other relationship between you and PIO exists, including but not limited to an agency, joint venture, employer-employee, or partnership relationship.          

24.       Legal Compliance.

You acknowledge, understand and agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.  You also acknowledge, understand and agree that you may not use the Site’s services unless you are at least 18 years of age, or are between 13 and 17 years of age and have a parent or legal guardian supervise your use.  If you are between 13 and 17 years of age, the parent or legal guardian who supervises your use is the user and is responsible for any and all activities arising out of your use of this Site. 

25.       Assignment.

You acknowledge, understand, and agree that PIO shall have the right to assign these Terms of Use, in whole or in part, to any person or business entity at any time (but any such assignee shall take subject to this agreement).  You further acknowledge, understand, and agree that you may not assign your rights under these Terms of Use without PIO’s prior written consent.

26.       Applicable Law, Venue and Jurisdiction.

This Terms of Use agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States without regard to conflict of law principles.   You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, the Site’s Contents and Materials, your account information for the Site, and/or these Terms of Use, the Privacy Policy, the Artist Submission Agreement, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred.  You agree that you will bring any claims hereunder shall be subject to arbitration as set forth in Section 27 below in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Los Angeles, California.

27.       Arbitration. 

Any claim or dispute arising out of or related to the Site including, without limitation, your use of the Site, the Site’s Content and Materials, your account information for the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site, excluding legal action taken by PIO to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and PIO services, shall be settled solely by binding arbitration in the County of Los Angeles, California.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  Such arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) (www.jamsadr.com) pursuant to the JAMS’ Comprehensive Arbitration Rules.  The arbitrator’s award shall be binding and judgment on the arbitration award may be entered into any court having jurisdiction thereof. 

Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.  The prevailing party of the arbitration is entitled to reasonable attorneys’ fees and costs.

28.       Severability.

If any provision of the Terms of Use is deemed invalid or unenforceable, such invalidity or unenforceability shall not affect or limit the validity or enforceability of any other provision hereof, shall remain in full force and effect.  If a provision is deemed invalid or unenforceable due to its scope or breadth, such provision shall be deemed valid to the extent permitted by law.

To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms of Use, the Terms of Use shall take precedence. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under the Terms of Use shall survive any termination of this Terms of Use agreement.

29.       Questions.

If you have any questions regarding this Terms of Use agreement, please contact us via email at feedback@putiton.com.