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1. TERMS AND CONDITIONS OF SERVICE:
PLEASE READ CAREFULLY BEFORE USING OR ACCESSING THIS SITE. This website, located at www.ursession.com (the “Site”), is an online service (“Service”) provided by Ursession Media Interactive, Inc., a Delaware company (hereinafter referred to as “urSession”). urSession provides a social networking community aimed at revolutionizing a way to experience, discover and value music. At urSession.com, you can view music videos or hear audio clips submitted by other members, and you can also communicate with other members through the use of text and video. By continuing to use or access this Site, you AGREE TO THESE TERMS OF SERVICE (“TOS”). These TOS may be modified by urSession at any time, and we will post all modified TOS on our Site so that you are always aware of our policies. By using or accessing this Site, or any Service offered or otherwise associated with this Site, after any modification of the TOS, you AGREE TO THE TOS, as modified. By using or accessing this Site, you agree to be bound by the TOS.
2. UNLAWFUL USE AND CONDUCT:
Your use or access of this Site constitutes your acceptance to comply with all applicable laws, rules and regulations of your country of origin. Accordingly, you agree not to use the Service for illegal purposes.
3. MEMBERSHIP:
One or more portions of this Site may be accessible only through prior registration as a member (“Member”). Registration requires you to select a unique member identification (“ID”) and a password. By registering, you agree not to: (1) use a member ID already in use by another Member, or (2) use a member ID that urSession, in its sole discretion, finds offensive or inappropriate. It is your sole responsibility to keep your password confidential and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify urSession of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. urSession cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or urSession has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, urSession has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. URSESSION PRIVACY POLICY:
Your use of the Service is subject to urSession’s privacy policy. For information on urSession’s privacy practices, please see the entire privacy policy at [Privacy policy].
5. CONTENT:
You understand and agree that all information, data, text, images, photographs, graphics, video, messages, goods, products, services or other materials (collectively, the “Content”) posted, transmitted or otherwise made available on or through the Site or the Service are the sole responsibility of the individual or entity from which the Content originated. urSession is not responsible for any Content posted, displayed, uploaded, stored, or transmitted by any Member or other user of the Site. This means that you, and not urSession, are entirely responsible for all Content that you post, display, upload, store or transmit through the Service. By posting, displaying, uploading, providing or submitting your Content to the Service, you warrant and represent that you own or otherwise control all of the rights to your Content, including without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content to urSession, and to grant urSession the license rights set forth in Section 10 of this TOS.
urSession cannot guarantee the truthfulness, authenticity, quality or accuracy of any Content. Under NO CIRCUMSTANCES IS URSESSION LIABLE FOR ANY CONTENT POSTED BY MEMBERS OR USERS OF THE SITE, including, without limitation, for 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, transmitted or otherwise made available via the Service. You acknowledge that urSession may from time to time pre-screen Content, and that urSession and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, urSession and its designees shall have the right to remove any Content that violates the letter or spirit of the TOS or is otherwise objectionable. Any decision to refuse, to move, or remove content is within the sole discretion of urSession, its employees, agents, and appointed designees. You agree that any improper, abusive, fraudulent, and/or illegal activity or violation of the TOS may be grounds for immediate termination of your membership. You further agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by urSession or submitted to urSession by third parties. In addition, urSession makes no claims, concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you are accessing the Site or the Service from outside of the United States, you acknowledge and agree that you are solely responsible for ensuring compliance with the applicable laws of your specific jurisdiction.
You acknowledge and agree that urSession may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of urSession, its employees, users of the Service and members the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with the TOS, it will be in urSession’s sole discretion as to what action should be taken, which action could include, without limitation, the cancellation/termination of an account at any time and without further notice or warning.
6. MEMBER AND NONMEMBER CONDUCT:
By using or accessing the Service, you hereby agree to refrain from the following: (a) using any software (including, without limitation, any “bot,” macro program, Internet agent or any other automatic or fraudulent means), hardware or any other means to artificially increase the popularity, unique click-through rate and/or unique listen rate of music videos or audio clips; (b) uploading, posting, e-mailing, transmitting, or displaying content that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, content that promotes or condones bigotry, prejudice, racism, hatred, and other content that is racially or ethnically objectionable; (c) uploading, posting, e-mailing, transmitting, or displaying content that exploits children or otherwise harms minors; (d) violating the rights of another individual or entity, including but not limited to intellectual property rights; (e) uploading, posting, e-mailing, transmitting, or displaying content that infringes on any patent, trademark, service mark, copyright, trade secret, right of publicity, or other proprietary right of a third party; (f) uploading, posting, e-mailing, transmitting, or displaying pirated computer software, audiovisual content, music, photographs, other Content or links to other sites where such materials are accessible; (g) uploading, posting, e-mailing, transmitting, or displaying material used to circumvent copy-protected devices and software, including serial or registration numbers for software programs, or cracker utilities; (h) interfering with or disrupting the Service and/or the servers or networks connected to the Service; (i) uploading, posting, e-mailing, transmitting, or displaying unsolicited advertisements, promotional materials, “spam”, “junk mail”, and “chain letters”; (j) stalking or otherwise harassing another person; (k) impersonating any person or entity, including, but not limited to, a urSession official, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (l) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service; (m) uploading, posting, e-mailing, transmitting, or displaying any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (n) uploading, posting, e-mailing, transmitting, or displaying any material that contains software viruses 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; (o) violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or (p) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.
7. PAYMENT FOR USER SUBMISSIONS OF VIDEO CONTENT:
(a) General
urSession enables you to earn money from your urSession Profile Page by receiving a fixed dollar amount of advertising revenue your page generates as a result of “original” video or audio (i.e., audiovisual) Content featured on your urSession Profile Page (the “Commerce Service”). The Commerce Service is, and will at all times be, subject to this TOS, and the following additional terms and conditions. By utilizing the Commerce Service, you agree to be bound by and subject to these terms and conditions, and agree that references to the Service in this TOS include specifically the Commerce Service provided by urSession. In addition, by using the Commerce Service, you appoint urSession as your exclusive agent to handle all Commerce Service transactions on your behalf and you acknowledge that urSession may, at any time and in its sole discretion, cease offering the Commerce Service to you.
(b) The Commerce Service
Based on the number of “unique” plays of your featured “original” audio or video files, as determined by the urSession servers and staff, you are eligible to receive a pre-set dollar amount. Specifically, for every 1,000 unique views or listens of your audio or video Content, you will be eligible to receive $5.00. For example, if 20,000 people view your video or audio clip, you will be eligible to receive $100.00. Payouts will only occur after you generate 20,000 or more views or listens. A view or listen will only count towards the 20,000 total if your audio or video clip, as applicable, is listened to or viewed in its entirety. In addition, in order to receive payment, the following additional criteria must be met:
(c) Earnings
All revenues generated from the use of the Commerce Service on your urSession Profile Page (the “Earnings”) will be calculated exclusively by urSession. You understand and agree that (a) urSession may adjust, both up or down, any revenue balances owing to you as may be necessary or required to reflect payment adjustments implemented, failures to pay, or other reasons caused, by third parties, and (b) your revenue, as calculated by urSession, will be conclusive, final, and binding on you, and will not be subject to any question or dispute by you for any reason whatsoever.
(d) Loss of Reported Earnings
There are several ways in which you may lose your ability to otherwise receive your reported Earnings, including, without limitation, the following:
(e) urSession’s Use Of Reported Earnings
You understand that urSession will be holding Earnings on your behalf in accordance with this TOS, and acknowledge and agree that urSession may, in its sole and absolute discretion, hold such reported Earnings in any manner it deems appropriate, including, without limitation, in an interest-bearing or non-interest-bearing bank or other financial account, and you shall not be entitled to receive, and shall not be credited with, any interest or other earnings received by urSession therefrom.
8. URSESSION RECORDS:
As described elsewhere at our Site, urSession auditions and may sign music acts based on their video and audio performances – voted on by the Site’s music community. Evaluations will be made on a daily basis with an emphasis on artists with 30,000 or more “unique” (as defined above in Section 7(b)) user votes. However, just because you have over 30,000 unique user votes does not mean that urSession Records will enter into an agreement with you, and the decision to contract with you will be determined by urSession in its sole and absolute discretion.
9. TERMINATION:
You agree urSession, in its sole discretion, may terminate your password, and/or membership account, and remove and discard any Content within this Site or the Service for any reason, including, without limitation, lack of use, if urSession believes that you have violated or acted inconsistently with the letter or spirit of this TOS, or if you have acted in a way that undermines our business or our reputation in the marketplace. Any contracts, verbal or written or assumed, in conjunction with your deleted Content, at urSession’s discretion, will be terminated as well. urSession may also, in its sole discretion, and at any time, discontinue providing this Site and/or the Service, or any part thereof, with or without notice. You agree that any termination of your access to this Site or Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that urSession may immediately deactivate or delete your Content, as applicable, and all related information and files. urSession reserves the right to bar any further access to such files, this Site or the Service. You agree that urSession shall not be liable to you or any third-party for any termination of your access to this Site or the Service.
10. INTELLECTUAL PROPERTY:
urSession does not claim ownership of the Content you place or otherwise make available through the Service. By submitting Content for inclusion on the Service, you expressly grant to urSession a perpetual, irrevocable, fully-paid, royalty-free, transferable, non-exclusive, world-wide right and license, with rights to sublicense, to use, copy, modify, reproduce, market, publish, perform, display, distribute, and otherwise exploit such Content or any portion thereof, and any and all images, video, photographs, artwork, content and other materials therein (the “Material”), in any and all media and for any purpose whatsoever, including, without limitation, for purposes of modifying the Material, copying the Material, improving the Material, making derivative works to the Material, reproducing the Material, distributing the Material, and/or displaying, performing and/or publishing the Material. Except for member-contributed Content, the www.urSession.com web site, including but not limited to the graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel of the Site is protected by copyrights, trademarks, service marks, and/or other proprietary rights under the laws of the U.S. and other countries. The Site and all the content contained therein is, among other things, protected as a collective work or compilation under applicable U.S. law and other laws and treaties. By using or accessing this Service you agree to comply with all Federal and state laws that protect urSession’s proprietary interest in the content and other material on the www.urSession.com site. The Site and the Content contained therein may be downloaded and/or reprinted for personal use only. Except as expressly authorized by urSession, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its contents, in whole or in part.
urSession does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized urSession representative, any material, information or idea you transmit to urSession by any means may be disseminated or used by urSession or its affiliates without compensation or liability to you for any purpose whatsoever. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions.
11. TRADEMARKS:
urSession™, and urSession.com are service marks of Ursession Media Interactive, Inc. All rights are reserved. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site or the Service other than as expressly permitted under this TOS, unless you have the prior written consent of urSession.
12. NOTIFICATION OF COPYRIGHT INFRINGEMENT:
urSession may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize urSession to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
urSession will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Service, please notify urSession’s Copyright Agent identified below.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following:
By email:
copyrightagent@urSession.com
By mail:
Copyright Agent
Ursession Media Interactive, Inc.
3940 Laurel Canyon Blvd., Ste. 744
Studio City, California 91604
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Service. The Copyright Agent will not respond to any other inquiries.
13. LINKING:
Linking to certain pages of this Site is permissible provided you follow the terms and conditions set-forth in this section (the “LTC”). Provided you satisfy these LTC, urSession grants you a non-exclusive, non-assignable, non-sublicensable, royalty-free license to use the urSession and urSession.com marks solely for providing an underlined hypertext link, or a hyperlink through urSession.com approved buttons or banners, from your web site to the home page of www. urSession.com (URL http://www.urSession.com), or to your personal pages on urSession.com (i.e., URL http://www.urSession.com/yourname). Linking your site to a page on the Service other than the pages set forth in this LTC is STRICTLY PROHIBITED. In addition to meeting the criteria set-forth above, you shall not link to www.urSession.com from any page that contains content, information, or other material that violates Section 6 above. In establishing hypertext links, you also agree not to represent in any way that you have received the endorsement, sponsorship, or support of urSession, including its respective employees, agents, directors, and officers.
14. FRAMING:
By your use or access of this Site you agree not to “frame” all or a portion of the Site unless you receive the prior written consent of urSession.com. Inquiries about framing this Site can be sent to the following e-mail address: bla@urSession.com. Any decision to grant or deny a request to frame the Site is within the sole discretion of urSession.com, its employees, agents, and appointed designees.
15. LINKS TO THIRD PARTY SITES:
This Site may contain links to websites that are owned, operated and controlled by third parties. urSession cannot control the accuracy or availability of information provided at third party sites and you should not treat any links to a third party site from the Service as an endorsement or recommendation of such site, or the contents of or services provided by such site, by urSession. You acknowledge and agree that your use of any third party site is governed by the terms of use for those websites, and not by this TOS. urSession does not make any representations or warranties, express or implied, regarding the content (or the accuracy of such content) on any third party websites, and urSession shall have no liability of any nature whatsoever in relation to products or services offered on or through such websites.
16. MEMBER DISPUTES:
You are solely responsible for your interactions with other urSession Members. UrSession reserves the right, but has no obligation, to monitor disputes between you and other Members.
17. WARRANTY DISCLAIMER:
You agree that your use or access of this Site and the Services is at your sole risk and the Site and the Services provided at the Site are provided “AS IS” and that urSession DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SITE, OR ANY MERCHANDISE, INFORMATION, CONTENT, OR SERVICE PROVIDED THROUGH THE SITE. URSESSION DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL URSESSION, ITS EMPLOYEES, ITS AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED ON OR THROUGH THE SITE. YOU FURTHER AGREE THAT URSESSION CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT APPLETS, FILES, SOFTWARE, CODE, OR OTHER CONTENT ACCESSIBLE VIA THE SITE WILL BE FREE FROM SUCH ITEMS AS, BY WAY OF ILLUSTRATION, VIRUSES, WORMS, "TROJAN HORSES", OR ANY OTHER CODE, PROGRAM, FILE, OR SOFTWARE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR THE SERVICES PROVIDED BY URSESSION IS TO STOP USING THIS SITE AND THE SERVICES.
18. LIMITATION OF LIABILITY:
IN NO EVENT SHALL URSESSION, ITS EMPLOYEES, ITS AGENTS OR REPRESENTATIVES BE LIABLE, WHETHER IN ANY ACTION IN CONTRACT, TORT, STRICT LIABILITY OR BASED ON ANY OTHER THEORY OF LAW OR EQUITY, FOR ANY DIRECT, INDIRECT, NOMINAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE OR THE SERVICES PROVIDED THROUGH THE SITE, OTHER WEBSITES ACCESSED THROUGH THIS SITE, IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, AND/OR CONTENT OR INFORMATION PROVIDED AT OR THROUGH THE SITE. THIS LIMITATION APPLIES EVEN IF URSESSION, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. URSESSION IS ALSO NOT RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR OTHER ILLEGAL CONDUCT OF OUR USERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 18 MAY NOT APPLY TO YOU.
19. INDEMNIFICATION:
You agree, at your own expense, to defend, indemnify and hold urSession, its employees, agents, and representatives harmless against all claims, suits, actions, and proceedings brought against urSession, its employees, agents, and representatives to the extent said claim, suit, action, or administrative proceeding arises out of, or is related to your Content, your use of or connection to www.urSession.com, your violation of this TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding.
20. GOVERNING LAW:
The laws applicable to the interpretation of this TOS shall be the laws of the State of California, and applicable federal law, without regard to any conflicts of laws principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Service or this TOS that you and urSession will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California, with a mutually agreed upon mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them. Finally, you agree not to bring claims on a representative, class member basis, or as a private attorney general.
21. SEVERABILITY:
If any of the provisions of the TOS are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction then such provisions shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect.
22. GENERAL:
Notices to you may be made via either email or regular mail. This Site or the Service may also provide notices of changes to this TOS, additional Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. The failure of urSession to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. This TOS and any additional terms and conditions, as applicable, constitutes the entire agreement between you and urSession and govern your use of this Site and the Service, superseding any prior agreements between you and urSession (including, but not limited to, any prior versions of this TOS). You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this Site, the Service or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this TOS are for convenience only and have no legal or contractual effect. This TOS will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. All rights not expressly granted herein are hereby reserved.
23. ADDITIONAL AGREEMENTS:
Certain sections of our Site may contain separate terms and conditions of use, which are in addition to these TOS. In the event of a conflict between these TOS, and the terms and conditions that govern those other sections of our Site, the additional terms and conditions will govern for those sections.
24. VIOLATIONS:
Please report any violations of this TOS to bla@ursession.com.
If you have any questions about this TOS or your rights, please email us at bla@urSession.com or you may contact us by mail at:
Ursession Media Interactive, Inc.
3940 Laurel Canyon Blvd., Ste. 744
Studio City, California 91604
California Residents
If you are unable to resolve a complaint you may have regarding the services provided through this Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Last Updated: August 31, 2007
Copyright 2007 urSession Media Interactive, Inc. All rights reserved.
PLEASE READ CAREFULLY BEFORE USING OR ACCESSING THIS SITE. This website, located at www.ursession.com (the “Site”), is an online service (“Service”) provided by Ursession Media Interactive, Inc., a Delaware company (hereinafter referred to as “urSession”). urSession provides a social networking community aimed at revolutionizing a way to experience, discover and value music. At urSession.com, you can view music videos or hear audio clips submitted by other members, and you can also communicate with other members through the use of text and video. By continuing to use or access this Site, you AGREE TO THESE TERMS OF SERVICE (“TOS”). These TOS may be modified by urSession at any time, and we will post all modified TOS on our Site so that you are always aware of our policies. By using or accessing this Site, or any Service offered or otherwise associated with this Site, after any modification of the TOS, you AGREE TO THE TOS, as modified. By using or accessing this Site, you agree to be bound by the TOS.
2. UNLAWFUL USE AND CONDUCT:
Your use or access of this Site constitutes your acceptance to comply with all applicable laws, rules and regulations of your country of origin. Accordingly, you agree not to use the Service for illegal purposes.
3. MEMBERSHIP:
One or more portions of this Site may be accessible only through prior registration as a member (“Member”). Registration requires you to select a unique member identification (“ID”) and a password. By registering, you agree not to: (1) use a member ID already in use by another Member, or (2) use a member ID that urSession, in its sole discretion, finds offensive or inappropriate. It is your sole responsibility to keep your password confidential and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify urSession of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. urSession cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or urSession has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, urSession has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. URSESSION PRIVACY POLICY:
Your use of the Service is subject to urSession’s privacy policy. For information on urSession’s privacy practices, please see the entire privacy policy at [Privacy policy].
5. CONTENT:
You understand and agree that all information, data, text, images, photographs, graphics, video, messages, goods, products, services or other materials (collectively, the “Content”) posted, transmitted or otherwise made available on or through the Site or the Service are the sole responsibility of the individual or entity from which the Content originated. urSession is not responsible for any Content posted, displayed, uploaded, stored, or transmitted by any Member or other user of the Site. This means that you, and not urSession, are entirely responsible for all Content that you post, display, upload, store or transmit through the Service. By posting, displaying, uploading, providing or submitting your Content to the Service, you warrant and represent that you own or otherwise control all of the rights to your Content, including without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content to urSession, and to grant urSession the license rights set forth in Section 10 of this TOS.
urSession cannot guarantee the truthfulness, authenticity, quality or accuracy of any Content. Under NO CIRCUMSTANCES IS URSESSION LIABLE FOR ANY CONTENT POSTED BY MEMBERS OR USERS OF THE SITE, including, without limitation, for 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, transmitted or otherwise made available via the Service. You acknowledge that urSession may from time to time pre-screen Content, and that urSession and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, urSession and its designees shall have the right to remove any Content that violates the letter or spirit of the TOS or is otherwise objectionable. Any decision to refuse, to move, or remove content is within the sole discretion of urSession, its employees, agents, and appointed designees. You agree that any improper, abusive, fraudulent, and/or illegal activity or violation of the TOS may be grounds for immediate termination of your membership. You further agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by urSession or submitted to urSession by third parties. In addition, urSession makes no claims, concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you are accessing the Site or the Service from outside of the United States, you acknowledge and agree that you are solely responsible for ensuring compliance with the applicable laws of your specific jurisdiction.
You acknowledge and agree that urSession may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of urSession, its employees, users of the Service and members the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with the TOS, it will be in urSession’s sole discretion as to what action should be taken, which action could include, without limitation, the cancellation/termination of an account at any time and without further notice or warning.
6. MEMBER AND NONMEMBER CONDUCT:
By using or accessing the Service, you hereby agree to refrain from the following: (a) using any software (including, without limitation, any “bot,” macro program, Internet agent or any other automatic or fraudulent means), hardware or any other means to artificially increase the popularity, unique click-through rate and/or unique listen rate of music videos or audio clips; (b) uploading, posting, e-mailing, transmitting, or displaying content that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, content that promotes or condones bigotry, prejudice, racism, hatred, and other content that is racially or ethnically objectionable; (c) uploading, posting, e-mailing, transmitting, or displaying content that exploits children or otherwise harms minors; (d) violating the rights of another individual or entity, including but not limited to intellectual property rights; (e) uploading, posting, e-mailing, transmitting, or displaying content that infringes on any patent, trademark, service mark, copyright, trade secret, right of publicity, or other proprietary right of a third party; (f) uploading, posting, e-mailing, transmitting, or displaying pirated computer software, audiovisual content, music, photographs, other Content or links to other sites where such materials are accessible; (g) uploading, posting, e-mailing, transmitting, or displaying material used to circumvent copy-protected devices and software, including serial or registration numbers for software programs, or cracker utilities; (h) interfering with or disrupting the Service and/or the servers or networks connected to the Service; (i) uploading, posting, e-mailing, transmitting, or displaying unsolicited advertisements, promotional materials, “spam”, “junk mail”, and “chain letters”; (j) stalking or otherwise harassing another person; (k) impersonating any person or entity, including, but not limited to, a urSession official, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (l) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service; (m) uploading, posting, e-mailing, transmitting, or displaying any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (n) uploading, posting, e-mailing, transmitting, or displaying any material that contains software viruses 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; (o) violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or (p) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.
7. PAYMENT FOR USER SUBMISSIONS OF VIDEO CONTENT:
(a) General
urSession enables you to earn money from your urSession Profile Page by receiving a fixed dollar amount of advertising revenue your page generates as a result of “original” video or audio (i.e., audiovisual) Content featured on your urSession Profile Page (the “Commerce Service”). The Commerce Service is, and will at all times be, subject to this TOS, and the following additional terms and conditions. By utilizing the Commerce Service, you agree to be bound by and subject to these terms and conditions, and agree that references to the Service in this TOS include specifically the Commerce Service provided by urSession. In addition, by using the Commerce Service, you appoint urSession as your exclusive agent to handle all Commerce Service transactions on your behalf and you acknowledge that urSession may, at any time and in its sole discretion, cease offering the Commerce Service to you.
(b) The Commerce Service
Based on the number of “unique” plays of your featured “original” audio or video files, as determined by the urSession servers and staff, you are eligible to receive a pre-set dollar amount. Specifically, for every 1,000 unique views or listens of your audio or video Content, you will be eligible to receive $5.00. For example, if 20,000 people view your video or audio clip, you will be eligible to receive $100.00. Payouts will only occur after you generate 20,000 or more views or listens. A view or listen will only count towards the 20,000 total if your audio or video clip, as applicable, is listened to or viewed in its entirety. In addition, in order to receive payment, the following additional criteria must be met:
- You agree to these Terms of Service, as may be updated from time to time, including the license grants to urSession set forth in Section 10;
- You own all legal rights, including copyrights, to your Content;
- You have a rating on the Site of 3.00 or higher;
- The length of your audio or video clip is between 1 to 6 minutes;
- Each listen or view of your Content is “unique” (i.e. the number of listens or views has not been artificially increased using any software (including, without limitation, any “bot,” macro program, Internet agent or any other automatic or fraudulent means), hardware or any other means, and each view or listen is generated from a different IP address;
- We have received actual payment from the third party advertisers who post advertisements on your urSession Profile Page. If we do not receive payments from third parties who advertise on urSession Profile Page, you will not be paid, even if a payment is otherwise owing to you; and
- You provide urSession with certain tax-related information that we may require from time to time to remain compliant with tax laws. Your tax-related information will be securely stored and used for tax purposes only, and will at all times be subject to urSession’s Privacy Policy.
(c) Earnings
All revenues generated from the use of the Commerce Service on your urSession Profile Page (the “Earnings”) will be calculated exclusively by urSession. You understand and agree that (a) urSession may adjust, both up or down, any revenue balances owing to you as may be necessary or required to reflect payment adjustments implemented, failures to pay, or other reasons caused, by third parties, and (b) your revenue, as calculated by urSession, will be conclusive, final, and binding on you, and will not be subject to any question or dispute by you for any reason whatsoever.
(d) Loss of Reported Earnings
There are several ways in which you may lose your ability to otherwise receive your reported Earnings, including, without limitation, the following:
- If you in any way violate or otherwise breach this TOS;
- If you cancel your account and, at the time of cancellation, your reported Earnings are less than $100, the entire portion of such amount would be forfeited at the time of cancellation;
- In addition to the above, if you cancel your account and fail to withdraw your Earnings prior to canceling, or prior to the end of a designated time period after canceling that may otherwise be permitted by urSession; or
- If urSession ceases providing the Commerce Service in its sole discretion and you fail to withdraw your Earnings in the time period permitted by urSession.
(e) urSession’s Use Of Reported Earnings
You understand that urSession will be holding Earnings on your behalf in accordance with this TOS, and acknowledge and agree that urSession may, in its sole and absolute discretion, hold such reported Earnings in any manner it deems appropriate, including, without limitation, in an interest-bearing or non-interest-bearing bank or other financial account, and you shall not be entitled to receive, and shall not be credited with, any interest or other earnings received by urSession therefrom.
8. URSESSION RECORDS:
As described elsewhere at our Site, urSession auditions and may sign music acts based on their video and audio performances – voted on by the Site’s music community. Evaluations will be made on a daily basis with an emphasis on artists with 30,000 or more “unique” (as defined above in Section 7(b)) user votes. However, just because you have over 30,000 unique user votes does not mean that urSession Records will enter into an agreement with you, and the decision to contract with you will be determined by urSession in its sole and absolute discretion.
9. TERMINATION:
You agree urSession, in its sole discretion, may terminate your password, and/or membership account, and remove and discard any Content within this Site or the Service for any reason, including, without limitation, lack of use, if urSession believes that you have violated or acted inconsistently with the letter or spirit of this TOS, or if you have acted in a way that undermines our business or our reputation in the marketplace. Any contracts, verbal or written or assumed, in conjunction with your deleted Content, at urSession’s discretion, will be terminated as well. urSession may also, in its sole discretion, and at any time, discontinue providing this Site and/or the Service, or any part thereof, with or without notice. You agree that any termination of your access to this Site or Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that urSession may immediately deactivate or delete your Content, as applicable, and all related information and files. urSession reserves the right to bar any further access to such files, this Site or the Service. You agree that urSession shall not be liable to you or any third-party for any termination of your access to this Site or the Service.
10. INTELLECTUAL PROPERTY:
urSession does not claim ownership of the Content you place or otherwise make available through the Service. By submitting Content for inclusion on the Service, you expressly grant to urSession a perpetual, irrevocable, fully-paid, royalty-free, transferable, non-exclusive, world-wide right and license, with rights to sublicense, to use, copy, modify, reproduce, market, publish, perform, display, distribute, and otherwise exploit such Content or any portion thereof, and any and all images, video, photographs, artwork, content and other materials therein (the “Material”), in any and all media and for any purpose whatsoever, including, without limitation, for purposes of modifying the Material, copying the Material, improving the Material, making derivative works to the Material, reproducing the Material, distributing the Material, and/or displaying, performing and/or publishing the Material. Except for member-contributed Content, the www.urSession.com web site, including but not limited to the graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel of the Site is protected by copyrights, trademarks, service marks, and/or other proprietary rights under the laws of the U.S. and other countries. The Site and all the content contained therein is, among other things, protected as a collective work or compilation under applicable U.S. law and other laws and treaties. By using or accessing this Service you agree to comply with all Federal and state laws that protect urSession’s proprietary interest in the content and other material on the www.urSession.com site. The Site and the Content contained therein may be downloaded and/or reprinted for personal use only. Except as expressly authorized by urSession, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its contents, in whole or in part.
urSession does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized urSession representative, any material, information or idea you transmit to urSession by any means may be disseminated or used by urSession or its affiliates without compensation or liability to you for any purpose whatsoever. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions.
11. TRADEMARKS:
urSession™, and urSession.com are service marks of Ursession Media Interactive, Inc. All rights are reserved. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site or the Service other than as expressly permitted under this TOS, unless you have the prior written consent of urSession.
12. NOTIFICATION OF COPYRIGHT INFRINGEMENT:
urSession may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize urSession to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
urSession will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Service, please notify urSession’s Copyright Agent identified below.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled;
- a description of the exact name of the infringing work on this Site or the Service (and the location of the infringing work, if it appears on this Site or the Service) or if the infringing work appears on a site linked to from this Site or the Service where the material that you claim is infringing is located on such site;
- information sufficient to permit urSession to contact you, such as your physical address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
By email:
copyrightagent@urSession.com
By mail:
Copyright Agent
Ursession Media Interactive, Inc.
3940 Laurel Canyon Blvd., Ste. 744
Studio City, California 91604
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Service. The Copyright Agent will not respond to any other inquiries.
13. LINKING:
Linking to certain pages of this Site is permissible provided you follow the terms and conditions set-forth in this section (the “LTC”). Provided you satisfy these LTC, urSession grants you a non-exclusive, non-assignable, non-sublicensable, royalty-free license to use the urSession and urSession.com marks solely for providing an underlined hypertext link, or a hyperlink through urSession.com approved buttons or banners, from your web site to the home page of www. urSession.com (URL http://www.urSession.com), or to your personal pages on urSession.com (i.e., URL http://www.urSession.com/yourname). Linking your site to a page on the Service other than the pages set forth in this LTC is STRICTLY PROHIBITED. In addition to meeting the criteria set-forth above, you shall not link to www.urSession.com from any page that contains content, information, or other material that violates Section 6 above. In establishing hypertext links, you also agree not to represent in any way that you have received the endorsement, sponsorship, or support of urSession, including its respective employees, agents, directors, and officers.
14. FRAMING:
By your use or access of this Site you agree not to “frame” all or a portion of the Site unless you receive the prior written consent of urSession.com. Inquiries about framing this Site can be sent to the following e-mail address: bla@urSession.com. Any decision to grant or deny a request to frame the Site is within the sole discretion of urSession.com, its employees, agents, and appointed designees.
15. LINKS TO THIRD PARTY SITES:
This Site may contain links to websites that are owned, operated and controlled by third parties. urSession cannot control the accuracy or availability of information provided at third party sites and you should not treat any links to a third party site from the Service as an endorsement or recommendation of such site, or the contents of or services provided by such site, by urSession. You acknowledge and agree that your use of any third party site is governed by the terms of use for those websites, and not by this TOS. urSession does not make any representations or warranties, express or implied, regarding the content (or the accuracy of such content) on any third party websites, and urSession shall have no liability of any nature whatsoever in relation to products or services offered on or through such websites.
16. MEMBER DISPUTES:
You are solely responsible for your interactions with other urSession Members. UrSession reserves the right, but has no obligation, to monitor disputes between you and other Members.
17. WARRANTY DISCLAIMER:
You agree that your use or access of this Site and the Services is at your sole risk and the Site and the Services provided at the Site are provided “AS IS” and that urSession DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SITE, OR ANY MERCHANDISE, INFORMATION, CONTENT, OR SERVICE PROVIDED THROUGH THE SITE. URSESSION DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL URSESSION, ITS EMPLOYEES, ITS AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED ON OR THROUGH THE SITE. YOU FURTHER AGREE THAT URSESSION CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT APPLETS, FILES, SOFTWARE, CODE, OR OTHER CONTENT ACCESSIBLE VIA THE SITE WILL BE FREE FROM SUCH ITEMS AS, BY WAY OF ILLUSTRATION, VIRUSES, WORMS, "TROJAN HORSES", OR ANY OTHER CODE, PROGRAM, FILE, OR SOFTWARE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR THE SERVICES PROVIDED BY URSESSION IS TO STOP USING THIS SITE AND THE SERVICES.
18. LIMITATION OF LIABILITY:
IN NO EVENT SHALL URSESSION, ITS EMPLOYEES, ITS AGENTS OR REPRESENTATIVES BE LIABLE, WHETHER IN ANY ACTION IN CONTRACT, TORT, STRICT LIABILITY OR BASED ON ANY OTHER THEORY OF LAW OR EQUITY, FOR ANY DIRECT, INDIRECT, NOMINAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE OR THE SERVICES PROVIDED THROUGH THE SITE, OTHER WEBSITES ACCESSED THROUGH THIS SITE, IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, AND/OR CONTENT OR INFORMATION PROVIDED AT OR THROUGH THE SITE. THIS LIMITATION APPLIES EVEN IF URSESSION, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. URSESSION IS ALSO NOT RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR OTHER ILLEGAL CONDUCT OF OUR USERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 18 MAY NOT APPLY TO YOU.
19. INDEMNIFICATION:
You agree, at your own expense, to defend, indemnify and hold urSession, its employees, agents, and representatives harmless against all claims, suits, actions, and proceedings brought against urSession, its employees, agents, and representatives to the extent said claim, suit, action, or administrative proceeding arises out of, or is related to your Content, your use of or connection to www.urSession.com, your violation of this TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding.
20. GOVERNING LAW:
The laws applicable to the interpretation of this TOS shall be the laws of the State of California, and applicable federal law, without regard to any conflicts of laws principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Service or this TOS that you and urSession will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California, with a mutually agreed upon mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them. Finally, you agree not to bring claims on a representative, class member basis, or as a private attorney general.
21. SEVERABILITY:
If any of the provisions of the TOS are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction then such provisions shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect.
22. GENERAL:
Notices to you may be made via either email or regular mail. This Site or the Service may also provide notices of changes to this TOS, additional Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. The failure of urSession to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. This TOS and any additional terms and conditions, as applicable, constitutes the entire agreement between you and urSession and govern your use of this Site and the Service, superseding any prior agreements between you and urSession (including, but not limited to, any prior versions of this TOS). You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this Site, the Service or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this TOS are for convenience only and have no legal or contractual effect. This TOS will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. All rights not expressly granted herein are hereby reserved.
23. ADDITIONAL AGREEMENTS:
Certain sections of our Site may contain separate terms and conditions of use, which are in addition to these TOS. In the event of a conflict between these TOS, and the terms and conditions that govern those other sections of our Site, the additional terms and conditions will govern for those sections.
24. VIOLATIONS:
Please report any violations of this TOS to bla@ursession.com.
If you have any questions about this TOS or your rights, please email us at bla@urSession.com or you may contact us by mail at:
Ursession Media Interactive, Inc.
3940 Laurel Canyon Blvd., Ste. 744
Studio City, California 91604
California Residents
If you are unable to resolve a complaint you may have regarding the services provided through this Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Last Updated: August 31, 2007
Copyright 2007 urSession Media Interactive, Inc. All rights reserved.
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