Last Updated July 17, 2008

Terms and Conditions of Service

Edge Online is published by Future US, Inc. (“Future”)

Acceptance

PLEASE READ THESE TERMS AS WELL AS THE PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF SERVICE (“TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
Ability to Accept Terms.  You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Service, and to abide by and comply with these Terms.

Changes to Terms.  Future may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions.  Although we will attempt to notify you when material changes are made to these Terms, you should periodically review the most up-to-date version at http://www. edge-online.com/terms

The Website

These Terms apply to the Edge Online website, located at www.edge-online.com (“Website”), and all text, blogs, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content"), User Submissions (as defined below) and the trademarks, service marks and logos contained therein ("Marks"). Future reserves the right to discontinue any aspect of the Website at any time.

Children Under 13 Years or Younger.  You must be at least 13 years of age to use the Website.  Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms.  

Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by Future. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. Be aware anytime you leave the Website, and read the terms and conditions and privacy policy of any other website that you visit.

User Accounts

In order to access some features of the Website, you will have to create a user account. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Future will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Future or others due to such unauthorized use. If you discover any unauthorized or fraudulent use of your account, notify Future immediately.

Your Use of the Website

We grant you permission to access and use the Website as set forth in these Terms, provided that:
•    You agree not to distribute any part of the Website in any medium.
•    You agree not to alter or modify any part of the Website
•    You agree not to use the Website for any commercial use, including but not limited to sale of access to the Website or its related services on another website; use of the Website for the primary purpose of gaining advertising or subscription revenue; and the sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions.
•    You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers."
•    You agree not to attempt to or collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
•    You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
•    You comply with the terms and conditions of these Terms and all applicable local, national, and international laws and regulations.

Your Use of Content and User Submissions

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website.

The Content and the User Submissions on the Website are owned by or licensed to Future and are subject to copyright and other intellectual property rights under the law. Content and User Submissions on the Website are provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Future reserves all rights not expressly granted in and to the Website, the Content and the User Submissions.
•    You may access Content, User Submissions and other content only as permitted under this Agreement.
•    You agree to not engage in the use, copying, or distribution of any of the Content or User Submissions other than expressly permitted herein
•    You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Website, the Content or the User Submissions.
•    You understand that when using the Website, you will be exposed to Content and User Submissions from a variety of sources, and that Future is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and User Submissions.
•    You further understand and acknowledge that you may be exposed to Content and User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Future with respect thereto.

User Submissions

As a Future account holder you may submit sound recordings, musical works and/or other material, such as comments, reviews, pictures, videos, song lyrics, etc. (“User Submissions").  By submitting your User Submissions to Future, its successors, assigns, agents, distributors and licensees, you explicitly confirm that you have read, understood, and agreed to the following:

User Submissions.  You shall be solely responsible for your User Submissions and the consequences of Future posting or publishing them.  You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Future all of the license rights granted herein.  We do not permit copyright infringing activities and infringement of intellectual property rights on our websites or in our publications, and we will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. You understand and agree that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions, and they will not be returned to you.

License Grant. You hereby grant to us, and by the act of delivering the User Submission to us grant to us, a nonexclusive, worldwide, royalty-free license to: (a) reproduce, distribute, publicly perform, publicly display and digitally perform the User Submission in whole or in part in connection with Edge-Online.com, Edge Magazine  and Future's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of Edge Magazine and Edge-Online.com (and derivative works thereof) in any media formats and through any media channels (including CD’s and DVD’s); (b) create and use samples of the User Submission for the purpose of demonstrating or promoting our or your products or services; (c) use any trademarks, service marks or trade names incorporated in the User Submission; and (d) use the name and likeness of any individuals appearing in the User Submission.

Ownership. You retain ownership of the copyrights and all other rights in your User Submission, subject to the non-exclusive rights granted to us under this agreement. You are free to grant similar rights to others during and after the term of this agreement.

Representations and Warranties. The term "User Submission" means all material that you submit to us. You represent and warrant that (a) the User Submission is your or your band’s own original work, and contains no sampled material, (b) you have full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement, (c) the User Submission does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights (d) the User Submission does not and will not violate any law, statute, ordinance or regulation; (e) the User Submission is not and will not be defamatory, trade libelous, pornographic or obscene, (f) the User Submission does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data, (g) all factual assertions that you have made and will make to us are true and complete. You agree to indemnify and hold us harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement. We and our licensees shall not be required to make any payments with respect to material that you submit to our sites under these Terms, including but not limited to payments to third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds.

Removal of User Submissions.  Future reserves the right to decide whether a User Submission is appropriate and complies with these Terms for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Future may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

RSS Feeds

Website feeds in the RSS format are provided free of charge for use by individuals for personal, non-commercial uses.

Attribution to Edge Online must be provided in connection with your use of the feeds. If you provide this attribution with a graphic, please use the Marks that we have included in the feed itself. We reserve all rights in and to the Marks, and your right to use the Marks are limited to providing attribution in connection with these RSS feeds.
By using the msnbc.com RSS news feed, you agree to be bound by these Terms.  Future reserves the right to cease offering these RSS feeds at any time or require you to cease distributing these RSS feeds at any time for any reason.

Digital Millennium Copyright Act

Notice.  If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
•    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
•    Identification 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;
•    Identification 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 the service provider to locate the material;
•    Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
•    A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Future's designated Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:
Copyright Agent/Legal Department
c/o Future US, Inc.
4000 Shoreline Court, Suite 400
South San Francisco, CA  94080

By Fax:
650-872-2207

By email
copyright@edge-online.com

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Future customer service through http://webmaster@edge-online.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
•    Your physical or electronic signature;
•    Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
•    A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
•    Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Future will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Future's sole discretion.
Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FUTURE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FUTURE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. FUTURE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FUTURE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL FUTURE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT FUTURE SHALL NOT BE LIABLE FOR THIRD PARTY CONTENT, USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Future from its facilities in the United States of America. Future makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Future, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.

General

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Future, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Future that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms, together with the Privacy Notice at http://www.futureus.com/privacy.php and any other legal notices published by Future on the Website, shall constitute the entire agreement between you and Future concerning the Website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Future without restriction.   If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Future's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Future reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND FUTURE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If you have any comments or questions regarding the Website.  Please contact Edge Online’s webmaster at webmaster@edge-online.com.