Terms and Conditions relating to your content
Your Content
After acceptance of this Agreement, You may upload music, video, images, profiles and text copy "Your Content" for hosting and display to end users of the eListeningPost services by using the upload tools provided on eListeningPost. Your Content uploaded on to eListeningPost will be posted in Your personal profile area but may be copied and exhibited by eListeningPost on any artist feature area of the eListeningPost Web site. You are solely responsible for all Your Content published or displayed by eListeningPost.
Before displaying Your content eListeningPost will encode Your music and/or video with RealNetworks and Microsoft Digital Rights Management “DRM” software that will limit the number of times Your music and/or video can be played by users of eListeningPost services. Your music and/or videos will be limited to no more than five plays per format and computer it is played on - “Your Previews”.
Use of Your Content
By accepting this Agreement and uploading Your Content to eListeningPost, You are granting eListeningPost a royalty-free, perpetual, non-exclusive right and license to host, cache, store, copy, distribute, transmit, perform, display, Your Content in order to (i) host Your Content on eListeningPost servers, (ii) index Your Content and store it in a database; (iii) display Your Content on the eListeningPost Web site and (iv) distribute and sell Your Content on your behalf from the eListeningPost Web site and/or distributed by eListeningPost through email via download to personal computers, mobile telephones and any other form of electronic device capable of receiving the same. Notwithstanding the foregoing, eListeningPost is not required to host, index, or display any of Your Content. eListeningPost is not responsible for any loss, theft or damage of any kind to Your Content.
eListeningPost does not have the right to sub-license, edit or alter Your Content.
Legal Content
By accepting this Agreement and uploading Your Content to eListeningPost, You represent and warrant that: (a) You are not a minor , (b) all of the information provided by You to eListeningPost to enroll and participate in the eListeningPost services is correct and current; (c) You are solely responsible for Your Content that You place in the eListeningPost services and for ensuring that Your Content is not Unacceptable Content (d) You hold and will continue to hold the necessary rights, including but not limited to all copyright, trademark rights and rights of publicity in and to Your Content and to grant the rights granted herein; (e) You have the legal right and authority to enter into this Agreement, to perform the acts required of You under the Agreement, and to grant the rights and licenses described in this Agreement; (f) Your Content and the rights and licenses granted to eListeningPost under this Agreement do not and will not violate any applicable law, statute, ordinance or regulation and do not breach and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.
Unacceptable Content
You shall not upload any of Your Content to eListeningPost (whether audio, video, photos or profiles or text copy) that is Unacceptable Content, which shall mean any content that infringes any applicable law, regulation or code of practice and/or contains anything libellous, blasphemous, defamatory, pornographic, obscene, promotes bigotry, hatred or physical harm of any kind against any group or individual or is in any other way offensive (including any material that may cause offence to any person on grounds of their racial group, religion, sex, sexual orientation or disability), or which contains images or audio taken in dressing rooms, hospitals, medical facilities, homes or other private locations where the subject(s) of the image or audio does not know the image or audio is being recorded, images depicting, promoting or inciting cruelty to animals, images of driver's licenses, credit cards, or other personal financial information, or material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18 or anything which would cause injury to, invade the privacy of or otherwise infringe the rights of any person or anything else that in the sole judgment of eListeningPost violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any user of eListeningPost services.
Please read all of the terms and conditions for using eListeningPost services and Web site. Click here to view all Terms and Conditions.