Artist Agreement
This IZFLY Terms of Artist Service Agreement (the “Agreement” or “Terms of Service”) is made between MVB Multimedia LLC (“IZFLY,” “website”, “Site”, “we,” “us,” or “our”) and you, the artist, band, group, record label, management, or other (“you” or “your”). IZFLY provides live streaming services through our websites, applications, and embeddable media players (collectively, the “Services”). This Agreement governs your use of our Services.
Submitting Media Content (“content submissions”, “content”, “submissions”, “pictures”, “media”, “video”, or “audio”) to or for our web site (“Site”) indicates your unconditional acceptance of these Terms of Service. We reserve the right, in our sole discretion to update or revise these terms of service (“Terms of Service”). Your continued use of the site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
1. ELIGIBILITY:
You must be 18 years and older. You represent that you are of legal age.
2. PROPRIETARY RIGHTS:
Although you retain all ownership in your content submissions to us, you hereby grant us a worldwide, perpetual, fully assignable, royalty-free right and license, (without paying royalties to you) with the right to sublicense as necessary to perform its obligations hereunder,
(i) create preview clips and artwork from your content and make available your preview clips and artwork via the StageIt Service to users;
(ii) encode, transcode, compress or convert your Broadcaster Submissions into any format, any bit rate, and using any Codec now known or later developed;
(iii) store your submissions on one or more websites in order to deliver streams, display your content to users, and for routine archival purposes;
Such rights and licenses will apply to any form, media, or technology now known or hereafter developed
3. INDEMNIFICATION
You will indemnify, defend, and hold harmless us and our subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
4. YOUR USER CONTENT BECOMES PUBLIC
You understand that once we post your content, your content becomes public to those permitted to view it. We will use our best efforts to ensure that third parties cannot access your content. We will not disclose your content to third parties, except in the rare situation where we are required by law to disclose it. Prior to disclosing this information, we will inform you of the planned disclosure as soon as possible so as to give you as much time as possible, given the circumstances, to contest the disclosure.
5. WE ARE NOT RESPONSIBLE FOR YOUR CONTENT
We generally do not review any of the content posted by our show administrators. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in your content. We make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any content.
6. UNAVAILABILITY OF SITE:
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your content or access to all or part of the site, for any reason, including without limitation, breach of these Terms of Service. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. In addition, you acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will MVB Multimedia LLC or its suppliers be held liable for any damages due to such interruptions or lack of availability.
7. CHOICE OF LAW AND FORUM:
These Terms of Service and any dispute of any sort that might arise between you and MVB Multimedia LLC or its subsidiaries, agents employees or affiliates shall be governed by and construed in accordance with the laws of the state of Alabama, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein. You agree that any such claims, causes of action or disputes shall be brought exclusively in the federal or state courts having jurisdiction in Montgomery County, Alabama, and you and MVB Multimedia LLC agree to submit to the personal and exclusive jurisdiction of such courts. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. YOU AGREE THAT IF YOU WANT TO SUE MVB MULTIMEDIA LLC OR SUBSIDIARIES, AGENTS, EMPLOYEES OR AFFILIATES, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
8. DAMAGES:
In addition to any injunctive relief, you agree to pay to MVB Multimedia LLC the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these Terms of Service for which you bear responsibility.
9. MISCELLANEOUS:
Unless otherwise specified herein, these Terms of Service, together with the Privacy Policy and your Registration, constitute the entire agreement between you and MVB Multimedia LLC with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MVB Multimedia LLC with respect to the Site. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of MVB Multimedia LLC to act with respect to a breach by you or others does not waive MVB Multimedia LLC’s right to act with respect to subsequent or similar breaches. MVB Multimedia LLC’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Service. These Terms of Service, and any rights and licenses granted under these Terms of Service, may not be transferred or assigned by you, but may be assigned by us without restriction. We are not liable to you for any delay or failure to perform any obligation we have under these Terms of Service if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, denial of service attack or refusal of approval or a license by a government agency.