Terms_of

The following constitutes in its entirety the agreement between and KIAC Media, LLC hereinafter referred to as KIAC, and Independent Artists Company/IACMusic.com hereinafter referred to as IAC, and the users in any respect of any or all aspects of KIAC and/or IAC, their subordinates, extensions, and affiliates. The terms hereof shall be in effect irrespective of users’ familiarity with them. A link hereto on the home page of IAC serves as incorporation by reference in all aspects of the site, its subordinates, extensions, and affiliates. Use of the site, including but not limited to the submission/upload of any material to KIAC and/or IAC constitutes explicit confirmation that the user has read, understood, and agreed to the all terms heretofore and hereunder.

The term User refers to you, the artist, member, listener, or any other person, group, entity, or undertaking, making use of the various aspects of KIAC and IAC.

User has the right to terminate this agreement and all licenses granted to KIAC and IAC at any time.

If User provides KIAC and/or IAC with sound recordings, musical works and/or other material (such as pictures, song lyrics, etc.) the following terms apply:

The User/artist/songwriter/publisher and/or current holder of rights of course retains those rights including ownership of the copyrights and all other rights in User’s songs, subject to the nonexclusive and terminable rights granted to KIAC and/or IAC under this agreement.

User hereby grants to KIAC and IAC a nonexclusive, worldwide, royalty-free license to: reproduce upon User's request, distribute via User's artist page or other site pages, stream, publicly display and digitally perform the material in whole or in part; create and use samples of the material solely for the purpose of demonstrating or promoting our or User’s products or services; use any trademarks, service marks or trade names incorporated in the material in connection with User’s material; and use the name and likeness of any individuals represented at KIAC and IAC only in connection with User’s material.

User warrants that it holds appropriate rights and/or necessary permissions for any song files, station IDs, commercials, DJ comments, or other sound files, uploaded to artist pages or station pages.

User represents and warrants that it holds appropriate rights and/or necessary permissions to place an artist page on the site in the name(s) selected, and further, that all music or other works of art uploaded to the site are the original product in conception and execution of the named entity, or that user holds explicit mechanical license to perform/record said works; and that the works do not violate any law or regulation; and that the works are not defamatory, libelous, pornographic or obscene; and that the works do not and contain any viruses or programming.

User represents and warrants that all factual assertions that User makes to KIAC and IAC are true, accurate, and complete.

User warrants that it holds appropriate rights and/or necessary permissions for songs listed on KIAC and/or IAC which are not actually uploaded to the site but rather are “deep-linked” to content on another site.

Termination: User may terminate this agreement at any time by so notifying KIAC and IAC; the agreement will terminate upon our actual receipt of such notice. KIAC and/or IAC have the right to refuse service to anyone. KIAC and/or IAC may terminate this agreement at any time without

notification. Upon termination, all KIAC and IAC license rights terminate.

User will be held liable for any and all costs and expenses (including legal fees) incurred by KIAC and/or IAC as a result of User’s unauthorized use of copyrighted materials. User agrees to indemnify and hold KIAC and IAC and our customers harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to User’s breach of the

representations and warranties described in this section.

Disclaimer: User agrees that use hereof is at user’s risk. Website, forums, documents and related products and services are provided on an "as is" and "as and if available" basis. KIAC and IAC make no representation or warranty with regard to websites, forums, documents and related products whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. In addition, KIAC and IAC make no representation that the operation of the website or forums will be uninterrupted or error-free. KIAC and IAC will not be liable for the consequences of any interruptions, outages, errors, sub-optimal performance or for any illegal or unauthorized access to the site and/or for any use or activity on related products or services by any party for any unlawful purpose or gain. KIAC and IAC will not be liable for any loss or damage caused by user’s reliance upon information obtained through the website, forums, documents and related products and services, other than as required under applicable consumer protection law. Some jurisdictions do not allow the disclaimer of certain warranties or limitation of certain types of damages, so some of the above disclaimer may not apply to user and nothing contained herein should be construed as excluding or limiting any liability beyond what is permitted under applicable law.

Forum Registration Agreement Terms: While the administrator and moderators of the forums will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore User acknowledges that all posts made to the forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.

User agrees that the administrator and moderators of the forums have the right to remove, edit, move or close any message, image, titles song chart entries, signatures, or topic at any time should they see fit. User agrees that the Administrator has the right to ban User without notice if he feels that User’s behavior is inappropriate and/or for violation of any of the terms of use, guidelines and rules at KIAC and IAC.

House Rules - The following additional terms and conditions shall apply to all Users:

1) Sending e-mails to IAC staff at an address other than iacsupporthotline@gmail.com, or the successor official support address, regarding site questions, comments, or issues is strictly forbidden.

2) Members receiving unwanted e-mails from other members are requested to report receipt of any such unwanted emails to IAC Administration.

3) Intimidation, bullying, disparagement, or overt or veiled threats to members, IAC Staff or IAC Administration and/or management, KIAC Media, LLC, or IACmusic.com on the Pipeline Forums, blogs, user comments, tagboards, in e-mails, or in any publicly-viewable text field on IACmusic.com, is strictly forbidden.

4) With respect to Pipeline Forums, blogs, user comments, tagboards, e-mails, and any publicly-viewable text field on IACmusic.com: Profanity and/or slander/libel is not allowed and provocative language whether veiled or overt or which has secondary meanings which imply violence or a threat of any nature are not allowed; and knowing material misstatements of fact are not allowed.

5) With respect to posting on Pipeline Forums, blogs, user comments, tagboards, e-mails, and any publicly-viewable text field on IACmusic.com: Spamming or the posting of material or information deemed to be spam is strictly forbidden.

6) With respect to Pipeline Forums, blogs, user comments, Shout! boxes, tagboards, e-mails, and any publicly-viewable text field on IACmusic.com: The use of veiled imagery that is meant or intended to slander, demean or cause hurt of any kind to other members, IAC Staff, or IAC Admin and/or management is not allowed; personal attacks and vicious name calling is not allowed.

7) With respect to Pipeline Forums, blogs, user comments, tagboards, e-mails, and any publicly-viewable text field on IACmusic.com: gratuitous disparagement of KIAC Media, LLC, IACmusic.com, its members, visitors, staff, administration and/or management is strictly forbidden.

8) With respect to Pipeline Forums, blogs, user comments, tagboards, e-mails, and any publicly-viewable text field on IACmusic.com: Veiled or overt threats to take legal action against KIAC Media, LLC, IACmusic.com, its members, visitors, staff, administration and/or management is strictly forbidden.

9) With respect to Pipeline Forums, blogs, user comments, tagboards, e-mails, and any publicly-viewable text field on IACmusic.com, or in any external area on the Internet: making false or unproved accusations or allegations against KIAC Media, LLC, IACmusic.com, its members, visitors, staff, administration and/or management is strictly forbidden.

10) Seeking or attaining the home addresses, home phone numbers or making any contact with KIAC Media, LLC or IACmusic.com management or administration, or IACmusic.com members, visitors, staff, administration and/or management which is not welcomed is forbidden.

11) Posts, comments, pictures, photographs, images and/or other representations either real or imaginary, or any text, deemed negative offensive, disturbing, and/or damaging in any way to KIAC Media, LLC, IACmusic.com, its members, staff, administration and/or management, or otherwise forbidden or not allowed as stated elsewhere in this document, will be deleted.

Violation of any of the Terms of Use constitutes grounds for termination without notice of the User’s account as well as being banned from any future involvement or membership in IACMusic.com.

In the event that the User receives a onetime warning to remove any post deemed to contain information and/or material that violates any of the Terms of Use and does not comply with the warning and/or continues to repeat such violation of the Terms of Use or engages in additional prohibited actions the User's account and all related accounts and/or stations will be administratively limited, suspended, or banned from the site. In the event of the User being banned from the site, the poster shall forfeit all fees previously paid, and all privileges associated with the poster's account will be terminated.

Entire Agreement: This agreement sets forth the entire agreement of the parties. From time to time, KIAC and/or IAC may change this agreement. Modifications will be effective when they are posted and User’s consent thereto shall be effective in the absence of notification to the contrary.