TERMS OF USE FOR FANS

These Terms of Use ("Terms of Use") are effective as of December 8, 2010 and are between you and Fame Wizard, Inc. and its corporate affiliates (collectively "Fame Wizard," or "the Company"), with a principal place of business at 308 East Carrillo Street, Santa Barbara, CA 93101 for the use of the www.famewizard.com website (hereinafter referred to as "the "Website"). The terms and conditions set forth in these Terms of Use, as well as our Privacy Policy and the Talent Scout Agreement, constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the Website. Specifically, these Terms of Use govern the relationship between the Company and its Fans (defined as anyone who accesses the Website other than as an Artist) and Registered Fans (as defined below), and its Talent Scouts when they are using the Website as Fans. If you are also signed up as an Artist on the Website, you must agree to separate terms and conditions governing that relationship. The Company will not be bound by any additional or different terms on any documents that are inconsistent with the terms contained herein and in the Artist Agreement and Talent Scout Agreement. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website. It is your responsibility to regularly review these Terms of Use.

License To Use Site
The Website is designed to provide music fans with access to new independent artists and the opportunity to track, communicate with, and buy music and video downloads and merchandise of their favorite rising stars and products and services of the Company and its vendors, business partners and other organizations. You may use the Website solely for personal and non-commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Website is not transferable. You acquire no rights or licenses in or to the Website and materials contained therein other than the limited right to utilize the Website in accordance with these Terms of Use.

When you purchase and/or download audio or video content from the Website, the Company grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such content to your computer and/or your mobile device solely for your personal non-commercial use. You may not copy, reproduce, distribute or use such content in any other manner. You may not sell, transfer, lease, modify, distribute or publicly perform such content in any manner and you may not exploit it commercially.

Fan Eligibility
You acknowledge that you are 13 years of age or older. Children under the age of 13 are not eligible to join Fame Wizard and are not allowed to use our Website. We recommend that persons under 18 get parental permission to join and/or use the Website. SOME AREAS OF THE WEBSITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. Privacy

Any and all information that we obtain from you, or from transactions processed through the Website, including without limitation names, addresses, telephone numbers, e-mail addresses, and/or credit card information, and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: (insert link to Privacy Policy). Password

In order to access some features of the Website and become a member ("Registered Fan"), you will have to create a Fame Wizard account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account.

Credit Card Payments
You hereby authorize the Company to charge all amounts owed to the Company hereunder, to the credit card or payment account you provide to the Company. Questions regarding charges must be brought to the attention of the Company within thirty (30) days after the end of the questioned billing period. Charges beyond thirty (30) days old are not subject to review. All sales are final.

User Conduct
You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website to:

  • Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate or harass or advocate harassment of another;
  • Use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Website;
  • Exploit people in a sexual or violent manner;
  • Provide nudity, pornography, violence, or offensive or unlawful subject matter or provide a link to an adult web site;
  • Solicit personal information from anyone under 18 years of age;
  • Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
  • Promote an illegal or unauthorized copy of another party's copyrighted work;
  • Collect, harvest or solicit personal identity information, email addresses, or passwords for commercial or unlawful purposes from other users;
  • Solicit money from others.

If you download or copy music files from the Website, you agree to use any music files that you download and copy in compliance with the following rules ("Usage Rules"):

  • Your use of the music files is conditioned upon your prior acceptance of these Terms of Use;
  • You shall be authorized to use the music files only for personal, noncommercial use;
  • You may not combine a music file with any video or image file to create a multimedia work;
  • You may not use a music file as a musical "ringer" in connection with a phone or phone calls, without Fame Wizard's permission;
  • The download and copy of a music file does not transfer to you any commercial or promotional use rights in the music file; and
  • You agree that your download and copy of music files constitutes your acceptance of and agreement to these Terms of Use and these Usage Rules, and that any use of the music files other than in accordance with these Usage Rules may constitute a copyright infringement.

The Company reserves the right to modify the Usage Rules at any time.

Copyright and Trademark
All content on the Website, and all products sold on the Website, including but not limited to music, videos, design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (collectively, the "Website Content"), is the proprietary property of the Company or a third party and protected by copyright. All rights are reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's or the applicable third party's prior written permission. You may not republish Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Website Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company or a third party and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable third party, including without limitation FAME WIZARD, and the Fame Wizard logo.

Copyright Infringement Policy
The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of Fans who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company's Copyright Agent for notice of claims of copyright infringement can be reached as follows: 308 East Carrillo Street, Santa Barbara, CA 93101 Attn: Copyright Agent. The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Fan Content
The Company does not claim any ownership rights in your profile, bio, photographs, pictures, content, data, text, software, music, sound, links, graphics, or any other materials that you provide, submit, publish or display (hereinafter, "post") on or through the Website or otherwise submit to the Company (collectively the "Fan Content"), including without limitation ideas, comments, suggestions or other information that you provide to us regarding the Website or products provided on the Website. You are solely responsible for the Fan Content that you post on or through the Website or otherwise submit to the Company. You understand and agree that the Company may review and delete or remove any Fan Content that, in the sole judgment of the Company, violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of Fans, Registered Fans, the Company or others.

By posting Fan Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, adapt, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing, all on a non-confidential and unrestricted basis, without compensation to you. You represent and warrant that your Fan Content is accurate, true, non-defamatory and non-infringing, and that it will not cause injury to any person or entity; you further represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also hereby waive any moral rights to the Fan Content.

Disclaimers Regarding Artist Content and Fan Content

When using the Website, you will be exposed to content from a variety of sources, and you acknowledge and agree that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to content not originating with the Company. Artists post on the Website information regarding themselves as well as musical content owned and/or created by them ("Artist Content"). You understand that all Fan Content and Artist Content is the sole responsibility of the person or band from whom/which such content originated, and that the Company does not control, and is not responsible for content made available through the Website, and that by using the Website, you may be exposed to Fan Content or Artist Content that is inaccurate, misleading, incomplete, offensive, indecent, or otherwise objectionable. Fan Content and Artist Content do not necessarily represent the views of, nor should they be construed as an endorsement by, the Company. You agree that you must evaluate, and bear all risks associated with, the use of any Artist Content or Fan Content, and that under no circumstances will the Company be liable in any way for any Artist Content or Fan Content or for any loss or damage of any kind incurred as a result of the use of any Artist Content or Fan Content posted or otherwise made available via the Website. You acknowledge that the Company does not pre-screen, monitor or approve Artist Content or Fan Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Artist Content or Fan Content that is available via the Website, for violating the letter or spirit of these Terms of Use or for any other reason. The Company shall have no obligation to resolve disputes among Fans or monitor the accuracy or proper use of any Artist Content or Fan Content.

Links To Other Websites And Information About Other Products And Services

The links found on this Website will let you leave our Website and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.

Disclaimers
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. All information appearing on the Website is provided "AS IS, AS AVAILABLE" and without warranties of any kind with respect to its correctness, accuracy, reliability, non-infringement, merchantability or otherwise. The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Company may suspend or terminate the account of any Artist at any time, causing that Artist's music to be unavailable for you to listen to or download. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, materials on the Website. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, and thus some of the above exclusions may or may not apply to you.

The terms of this section shall survive any termination of these Terms of Use.

Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FAME WIZARD'S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR PRODUCTS AND/OR SERVICES, AND (B) TEN DOLLARS ($10).

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Indemnification
You shall indemnify, defend, and hold harmless the Company and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Company may sustain or incur arising from (a) your violation of these Terms of Use or breach of any representation or warranty made by Fan hereunder; (b) your use of the Website or any products, services or information obtained via the Website, (c) your failure to comply with any applicable laws and regulations, including without limitation any copyright, property, or privacy right, or (d) your negligent act or omission, or willful misconduct. The Company will provide you with: (i) prompt written notice of such claim of which the Company is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at your expense to settle and/or defend any such claim. Notwithstanding the foregoing, you shall not settle any such claim, suit or proceeding without the written consent of the Company, which shall not be unreasonably withheld.

You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against the Company for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Website.

Termination
The Company may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against the Company in the event of a dispute arising out of these Terms of Use, the Website or your use thereof, is to terminate these Terms of Use by ceasing your use of the Website. In the event of termination of these Terms of Use, the Company may delete and/or store, in its discretion, data associated with your use of the Website. The Company may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any web site feature, database, or content.

Applicable Law
These Terms of Use shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in Los Angeles, California. Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Notices
Notices to the Company under these Terms of Use shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Fame Wizard, 308 East Carrillo Street, Santa Barbara, CA 93101, Attn. President.

Modifications to These Terms of Use
The Company reserves the right to modify these Terms of Use at any time, and without prior notice, by posting amended terms on this Website. We encourage you to review these Terms of Use periodically for any updates or changes. You understand and agree that if you use the Website after the date on which these Terms of Use has changed, the Company will treat your use as acceptance of the updated Terms of Use.

Entire Agreement.
These Terms of Use and our Privacy Policy contain the entire agreement between you and the Company with respect to your use as a Fan or Registered Fan of this Website. If you are an Artist, as noted above you must agree to additional terms and conditions governing that relationship. It supersedes all prior or contemporaneous communications and proposals relating to Fans and Registered Fans, whether electronic, oral or written, between the user and the Company with respect to this Website. Any rights not expressly granted herein are reserved.

Assignment
The Company may assign these Terms of Use at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of its capital stock or substantially all of its assets. You may not assign or transfer these Terms of Use.

Miscellaneous
These Terms of Use shall bind and inure to the benefit of the parties and their respective successors and assigns. No waiver of any provision of these Terms of Use shall be effective, unless it is in writing and signed by the parties hereto, and then such waiver or consent shall be effective only in the specific instance for which given. The failure of any party to insist upon performance of any of the terms of these Terms of Use shall not be construed as a waiver of any rights granted hereunder or any such term, covenant or condition. In the event that any of the parties must resort to legal action in order to enforce the provisions of these Terms of Use or to defend against such suit, the prevailing party shall be entitled to receive reimbursement from the non-prevailing party for reasonable attorney's fees and all other costs incurred in commencing or defending against such suit.

Questions/Comments
For any questions or comments, or to report violations of this agreement, contact the Company at: Fame Wizard, 308 East Carrillo Street, Santa Barbara, CA 93101, ATTN: Terms of Use Agreement or via the Contact page on the Website.