This Artist Agreement, as may be modified from time to time, (“Agreement”) constitutes legally binding terms and applies to your use of the Fame Wizard Services. By accessing and/or using the Fame Wizard Services as an “Artist” (which means that you have registered with Fame Wizard as an artist), you agree to be bound by this Agreement. You are authorized to use the Fame Wizard Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming an Artist and/or making use of the Fame Wizard Services, you must indicate your acceptance of this Agreement during the registration process.
Fame Wizard reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon Posting on the Fame Wizard Services. All material modifications will apply prospectively only. Your continued use of the Fame Wizard Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Fame Wizard Services immediately. You may receive a copy of this Agreement by contacting the Fame Wizard coach assigned to your development as part of the Academy (defined below) or by contacting us at our Help site or Contact site.
1. Eligibility. Use of the Fame Wizard Services and registration to be an Artist for the Fame Wizard Services (“Membership”) is void where prohibited. By using the Fame Wizard Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Fame Wizard Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any Posted revision to this Agreement, shall remain in full force and effect while you use the Fame Wizard Services or are an Artist. You may terminate your Membership at any time upon at least thirty (30) days prior notice, for any reason, by following the instructions on the Artist’s Account Settings page. Fame Wizard may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Fame Wizard reserves the right, in its sole discretion, to reject, refuse to Post or remove any Posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Fame Wizard Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Fame Wizard reserves the right, in its sole discretion, to reassign or rename your profile URL. Fame Wizard expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Fame Wizard Services if Fame Wizard determines, in its sole discretion, that you have violated this Agreement or pose a threat to Fame Wizard, its employees, business partners, visitors to the Fame Wizard Website and other users of the Fame Wizard Services including other Artists (collectively “Users”) and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-20. Without in any manner limiting the foregoing, your licenses to us relating to Sound Recordings, Musical Compositions, Videos and Visual Images as set forth below in Section 6 and Section 7, shall survive any termination of your Membership or any termination or expiration of this Agreement.
3. Fees. You shall be required to pay a fee to Fame Wizard for the class of Fame Wizard Services which an Artist requests. During the registration process you shall be required to provide us a valid credit card issued with the United States or other suitable form of recurring payment (i.e. and automatic transfer arrangement). The charges for the Fame Wizard Services vary by the type and class of services provided to each respective Artist, and also may change from time to time, as well as the possibility the charges for the class of service an individual Artist requests may include one-time charges for Management Service or other specially provided services not covered in the basic Fame Wizard Services offering. The current monthly charges an Artist will be required to pay is the amount reported to you at the time you agreed to sign up with Fame Wizard and which is confirmed to you by email at approximately that time, subject to any reductions in that amount on a monthly basis for any three month, six month or one year pricing structure you are from time to time offered and provided, subject always to your fulfilling the terms of any such monthly or other multi-month fee arrangement. In the event that your credit card is declined during any charging or billing cycle in which case the actual fee you will be paying will be computed together with any late fees that you have then incurred. Fame Wizard shall have the right, and you authorize us to charge each month three month, six month or annual fee at the then stated rate for such service on the first day of each month (or on your three month, six month or annual anniversary date, as applicable). If we cannot do so for any reason, Fame Wizard reserves the right to continue providing you service and continue accruing charges against your account or to immediately delete your profile and terminate your membership. If Fame Wizard terminates your Membership because you have breached the Agreement or if you terminate your Membership, you shall not be entitled to the refund of any unused portion of fees (if any) and your discounted fee structure for a multi-month commitment (three, six or twelve months) shall be retroactively voided and you shall be charged at the monthly rate then in effect for Fame Wizard service from the start of your multi-month fee payment period and the amount you shall be required to pay shall be computed accordingly. You acknowledge that Fame Wizard reserves the right to charge for any portion of the Fame Wizard Services and to charge its fees from time to time in its sole discretion for services provided at any time going forward.
5. Use by Artist as Registered only. The Fame Wizard Services are for the personal use of only the Artist that registered to be an Artist for the Fame Wizard Services and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Fame Wizard. Fame Wizard reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Fame Wizard Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Artists or others by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Fame Wizard Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Artist profiles without notice or explanation and may result in termination of Membership privileges. Fame Wizard reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Fame Wizard Services.
6. Proprietary Rights in Content on Fame Wizard.
6.1 You Own Your Content. Fame Wizard does not claim any ownership rights in your works.
6.2 We Own Our Content. The Fame Wizard Services contain Content of Fame Wizard (“Fame Wizard Content”). Fame Wizard Content is protected by copyright, trademark, patent, trade secret and other laws, and Fame Wizard owns and retains all rights in the Fame Wizard Content and the Fame Wizard Services. Fame Wizard hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Fame Wizard Content (excluding any software code) solely for your personal use in connection with viewing the Fame Wizard Website and using the Fame Wizard Services as permitted hereunder. As part of the Fame Wizard Services, you may have the ability to communicate with Fans and Users through our use of email addresses and other communication locators of Fans and Users (collectively “Email Information”). Notwithstanding the foregoing, you acknowledge and agree that at all times (both during the period of your Membership and thereafter) (i) all Email Information will be Fame Wizard Content, (ii) Email Information shall be owned and controlled by us and not by you and (iii) you shall not copy, modify, translate, publish, broadcast, transmit, distribute, display, sell or otherwise use any Email Information.
6.6 You Cannot Use the Content of Others. The Fame Wizard Services contain Content of Users and other Fame Wizard licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Fame Wizard Services.
6.7 You Agree We Can Communicate With You. Fame Wizard performs technical functions necessary to offer the Fame Wizard Services, including, but not limited to, the technical processing and transmission of communications, and transcoding and/or reformatting Content to allow its use throughout the Fame Wizard Services. In addition, you agree and acknowledge that Fame Wizard may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Fame Wizard Services. You can control what type of communications you receive from the Fame Wizard Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.
7. Use of Material for Promotional Purposes
7.1 We may use the names and likenesses of, and biographical material concerning, any Sound Recording artists (including you), bands, producers and/or songwriters, as well as track and/or album name, and artwork associated with such, in any of our marketing materials for the promotion and advertising of Fame Wizard itself.
8. Content Posted.
Please choose carefully the information that you Post on, through or in connection with the Fame Wizard Services and that you provide to other Users. Your Fame Wizard profile may not include any form of Prohibited Content, as outlined in Section 9 below. Despite this prohibition, information, materials, products or services provided by other Fame Wizard Artists (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Fame Wizard assumes no responsibility or liability for this material. If you become aware of misuse of the Fame Wizard Services by any person or Linked Service, please click on the “Contact Us” or the “Report Abuse” link at the bottom of the Fame Wizard Website pages.
8.1 Fame Wizard may reject, refuse to Post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Fame Wizard violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Fame Wizard assumes no responsibility for monitoring the Fame Wizard Services for inappropriate Content or conduct. If at any time Fame Wizard chooses, in its sole discretion, to monitor the Fame Wizard Services, Fame Wizard nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Artist or User submitting any such Content.
8.2 You are solely responsible for the Content that you Post on, through or in connection with any of the Fame Wizard Services, or make available in any other way to Fame Wizard, and any material or information that you transmit to other Artists or Users and for your interactions with other Artists or Users.
9. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to Post on, through or in connection with the Fame Wizard Services. Fame Wizard reserves the right to investigate and take appropriate legal action against anyone who, in Fame Wizard’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the Fame Wizard Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Fame Wizard:
9.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.2 harasses or advocates harassment of another person;
9.3 exploits people in a sexual or violent manner;
9.4 contains frontal nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
9.5 solicits or is designed to solicit personal information from anyone under 18;
9.6 publicly Posts information that poses or creates a privacy or security risk to any person;
9.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
9.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
9.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
9.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
9.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
9.13 involves commercial activities and/or sales without prior written consent from Fame Wizard such as contests, sweepstakes, barter, advertising, or pyramid schemes;
9.14 includes a photograph or video of another person that you have Posted without that person’s consent;
9.15 uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
9.16 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Fame Wizard Website and through your use of the Fame Wizard Services. Fame Wizard reserves the right to investigate and take appropriate administrative and/or legal action against anyone who, in Fame Wizard’s sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
9.17 criminal or tortuous activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
9.18 advertising to, or solicitation of, any Artist or User to buy or sell any products or services through the unauthorized or impermissible use of the Fame Wizard Services. You may not transmit any chain letters or junk email to other Artists or Users. In order to protect our Artists and Users from such advertising or solicitation, Fame Wizard reserves the right to restrict the number of emails or other messages which an Artist may send to other Artists or Users in any 24-hour period to a number which Fame Wizard deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status updates, bulletins or other unauthorized commercial communications of any kind through the Fame Wizard Services, you acknowledge that you will have caused substantial harm to Fame Wizard, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Fame Wizard $50 for each actual or intended recipient of such unsolicited message, status update, bulletin or other unauthorized commercial communication you send through the Fame Wizard Services;
9.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Fame Wizard Services;
9.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
9.21 modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Fame Wizard Services other than your Content which you legally Post on, through or in connection with the Fame Wizard Services;
9.22 providing or using “tracking” or monitoring functionality in connection with the Fame Wizard Services, including, without limitation, to identify other Users’ views, actions or other activities on the Fame Wizard Services;
9.23 covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Fame Wizard page via HTML/CSS or any other means;
9.24 any automated use of the system, such as, but not limited to, using scripts to send comments, messages, status updates, blogs or bulletins;
9.25 interfering with, disrupting, or creating an undue burden on the Fame Wizard Services or the networks or services connected to the Fame Wizard Services;
9.26 impersonating or attempting to impersonate Fame Wizard or a Fame Wizard employee, administrator or moderator, another Artist, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
9.27 copying the code for your Fame Wizard music player and embedding it (or directing others to embed it) anywhere other than in your profile on Fame Wizard;
9.28 using the account, username, or password of another Artist at any time or disclosing your password to any third party or permitting any third party to access your account;
9.29 selling or otherwise transferring your profile, your email address or URL;
9.30 using or distributing any information obtained from the Fame Wizard Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
9.31 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Fame Wizard Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Fame Wizard, Posting status updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending messages with a commercial purpose;
9.32 relaying email from a third party’s mail servers without the permission of that third party;
9.33 using invalid or forged headers to disguise the origin of any Content transmitted to or through Fame Wizard’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
9.34 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Fame Wizard Website for the purposes of sending unsolicited or unauthorized material;
9.35 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
9.36 using the Fame Wizard Services in a manner inconsistent with any and all Applicable Law.
10. Protecting Copyrights and Other Intellectual Property. Fame Wizard respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, Post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Fame Wizard’s policy to terminate, in appropriate circumstances, the membership of repeat infringers. If you believe your work has been copied and Posted on or through the Fame Wizard Services in a way that constitutes copyright infringement, please send Fame Wizard’s copyright agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Fame Wizard Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Fame Wizard’s copyright agent for notification of claimed infringement can be reached as follows: Copyright Agent, Fame Wizard, Inc., Paul Atkinson; Facsimile: 704-894-0813; Attn: Copyright Agent. Fame Wizard’s copyright agent for notification of claimed infringement can also be reached electronically at Paul@FameWizard.com.
11. Third Party Linked Services. Linked Services created by third party developers may be available on, through or in connection with the Fame Wizard Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Fame Wizard profile or shared with other Users on the Fame Wizard Services or which may link to your Fame Wizard account from outside of the Fame Wizard Services. Linked Services may use your Fame Wizard profile information, Visual Images, Video and/or other profile content on the Linked Service and share activity events between Fame Wizard and the Linked Service (depending on the features the Linked Service chooses to make available).
12. Fame Wizard Academy. As part of the Fame Wizard Services we may provide to you on an “opt-in” basis certain information by way of emails, webinars or other communications concerning the music industry (the “Academy”). Any information provided through the Academy is only the opinion of Fame Wizard. We make no representations or warranties whatsoever regarding the Academy, the information received through the Academy or the results of any activity or actions that you undertake as a result thereof. Any activity or action that you undertake as a result of the Academy shall be at your own cost and we shall not be responsible in any manner for any such activity or actions. In connection with the Academy and your participation therein, you acknowledge and agree that we are providing general business advice but are not an attorney or your attorney and that we do not purport to give to you any legal advice. You hereby represent and warrant that you have and will obtain independent legal advice in respect of this Agreement and in respect of the Academy (or any information obtained therefrom) from a lawyer experienced in the music industry. In addition, you agree that we are not expected to nor shall we procure, offer, or attempt to procure employment or engagements for you. We are not an employment agency or theatrical agency, or “artist’s manager” as that term is defined in the California Labor Code. We do not engage in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for artists; and we do not perform any services which might require us to have a professional license. You agree to utilize proper theatrical or other employment agencies to obtain engagements and employment.
13. Member Disputes. You are solely responsible for your interactions with other Fame Wizard Artists and Users, third party developers or any other parties with whom you interact through the Fame Wizard Services and/or Linked Services. Fame Wizard reserves the right, but has no obligation, to become involved in any way with these disputes.
15. Disclaimers. Fame Wizard is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content Posted through or in connection with the Fame Wizard Services or Linked Services, by Users of the Fame Wizard Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Fame Wizard. In addition, Fame Wizard is not responsible for any damage, injury or loss caused by Users of the Fame Wizard Services or caused by any of the equipment or programming associated with or utilized in the Fame Wizard Services or Linked Services including, without limitation, any damage, injury or loss caused by any failure of such equipment or programming or by any failure of the Internet. Profiles and Linked Services created and Posted by Artists on, though or in connection with the Fame Wizard Services may contain links to other websites or services. Fame Wizard is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Fame Wizard. Inclusion of any linked website or service on the Fame Wizard Services does not imply approval or endorsement of the linked website or service by Fame Wizard. When you access these third party sites and services, you do so at your own risk. Fame Wizard takes no responsibility for third party advertisements or Linked Services that are Posted on, through or in connection with the Fame Wizard Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Fame Wizard is not responsible for the conduct, whether online or offline, of any User of the Fame Wizard Services or Linked Services. Fame Wizard 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, any User or Artist communication. Fame Wizard 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the Fame Wizard Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or Artists or to any person’s computer related to or resulting from participation or downloading materials in connection with the Fame Wizard Services or Linked Services. Under no circumstances shall Fame Wizard be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Fame Wizard Services or Linked Services, attendance at a Fame Wizard event, from any User Content Posted on or through the Fame Wizard Services or Linked Services, or from the conduct of any Users of the Fame Wizard Services, whether online or offline. The Fame Wizard Services and Linked Services are provided “AS-IS” and as available and Fame Wizard expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fame Wizard cannot guarantee and does not promise any specific results from use of the Fame Wizard Services or Linked Services.
16. Limitation on Liability. IN NO EVENT SHALL FAME WIZARD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE FAME WIZARD SERVICES OR LINKED SERVICES, EVEN IF FAME WIZARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FAME WIZARD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FAME WIZARD FOR THE FAME WIZARD SERVICES DURING THE TERM OF MEMBERSHIP.
17. U.S. Export Controls. Software available in connection with the Fame Wizard Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Fame Wizard Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
18. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. Any dispute under or relating to the terms of this Agreement, or any breach thereof, shall be subject only to binding arbitration in accordance with the rules of JAMS, applying California law, to be held only in Santa Barbara, California, before a retired judge of the California Superior Court or an arbitrator with experience in the music industry, and judgment on the arbitrator’s award shall be final and may be entered in any court of competent jurisdiction. By agreeing to arbitrate, you are waiving jury trial. You should consult with independent counsel to determine any implications of your waiver of jury trial. Subject to the terms of this Section concerning arbitration, you and Fame Wizard agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Fame Wizard Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
19. Indemnity. You agree to indemnify and hold Fame Wizard, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Fame Wizard Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you Post on, through or in connection with the Fame Wizard Services.
20. Other. This Agreement is accepted upon your use of the Fame Wizard Website or any of the Fame Wizard Services and is further affirmed by you becoming an Artist. Your agreement with Fame Wizard will always include this Agreement at a minimum. Your access and use of certain Fame Wizard Services will require you to accept additional terms and conditions applicable to such certain Fame Wizard Services, in addition to this Agreement, and may require you to download Software or Content. The failure of Fame Wizard to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Fame Wizard and FameWizard are trademarks of Fame Wizard, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please use the Contact Us form on the Fame Wizard Website.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.