Terms of Use

1. Introduction

Please read these Terms of Use carefully because they apply to your use of all of the information located on http:// www. soundshiva.net/ (hereafter referred to as “Soundshiva” or “Site”) including, but not limited to any content, written text, user’s personal information or information about his/her works, images of album covers, links to the data files including music, sounds, photographs, videos or other or any other information posted by the user on this Site (hereafter referred to as “Content”).

By agreeing to these Terms of Use, you confirm that you understand and agree to all Soundshiva policies, including those envisaged by Creative Commons Attribution license terms of use.

2. About the Site

The Soundshiva website is an online non commercial service, which allows from the one hand all registered users to publish written comments, descriptions, reviews, ratings, links to their works, images or any other Content about their work or label in accordance with License Conditions envisaged by Creative Commons. From the other hand Soundshiva allows it’s registered and subscribed users to receive the updated information posted on its website, including news.

There are no music files, library archives or any type of audio or video files on the Site.

Soundshiva is acting under a Creative Commons license agreement. In connection with the above all content on this site is licensed under a Creative Commons Attribution license unless noted otherwise. More information can be found on its official website.

The Soundshiva provides for the registered members (hereafter referred to as “Member”) to post written comments, flag comments, rate authors and post links to their works on the Site as well as to receive the updated information and news. A Member who wishes to become an editor with the privileges of writing reviews, editing links to their works or any other information in connection with their authoring (hereafter referred to as “Editor”), must obtain the approval of the Site administration.

Administration of the Site (hereafter referred to as “Administration”) may upload or delete Content posted both by Member and Editor (hereafter called together “Users”).

3. User Conduct

Users agree not to use the Site or the services provided by the Site to:

Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;

Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;

Post, use or transmit Content that contains software viruses or any other computer code, links to the files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Site or the services provided by the Site, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Site or the services provided by the Site;

Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;

Intimidate or harass another;

Use or attempt to use another’s account, service, or personal information;

Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Site or the services provided by the Site;

Attempt to gain unauthorized access to the Site or the services provided by the Site, other accounts, computer systems or networks connected to the Site or the services provided by the Site, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Site or the services provided by the Site or any activities conducted through the Site or the services provided by the Site;

Use any means to bypass or ignore robot.txt, or other measures Administration use to restrict access or use of the Site or the services provided by the Site;

Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

Post or transmit any personally identifiable information about persons under 14 years of age.

Soundshiva reserves the right to delete, disable, or remove any Content that we consider inappropriate or violates the abovementioned.

4. Member Accounts, Passwords, and Security

You may register for a User account provided that: (i) you are eligible to use the Site; (ii) you agree to the Terms of Use; (iii) you are at least fourteen (14) years old and (iv) you are able to form legally binding contracts in your jurisdiction or have legal parental or guardian consent to enter into, agree to, and abide by these Terms of Use.

You are responsible for maintaining the security of your password and account as well as are responsible for all activities that occur under your account. Soundshiva is not responsible for any harms arising out of the unauthorized or improper use of your account or password.

Soundshiva reserves the right to restrict or delete your account or restrict your access to the Site, at our sole discretion and without notice or any liability.

5. Licensing

As Editor, you agree that all Users of the Site may access, quote, or reproduce your Content in connection with their use of the Site; you also agree that any Content that you post or upload to the Site will be subject to the Creative Commons Attribution-Noncommercial-Share Alike License, unless noted otherwise.

6. Copyright Complaints

Soundshiva respects the intellectual property rights of others, and we prohibit users of our website from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.

Content hosted on User websites or any other third party websites is the responsibility of those websites, and not of Sounshiva, regardless of whether the Content bears a Creative Commons license. If you are the copyright owner of Content hosted on User websites or any other third party websites, and you have not authorized the use of your Content, please contact the Administrator of the hosting website directly to have the Content removed.

All trademarks, logos, or other proprietary information (including images, text, and page layouts) displayed on the Site are protected by applicable law on intellectual property. You will not frame or use any trademarks, logos, or other proprietary information of rights-holders in any way without their express written consent.

7. Infringement Notification

If you are a copyright owner and believe that your copyrighted works have been used in a way that constitutes copyright infringement, you may send a written notification to the Soundshiva’s Administration. Please identify the copyrighted work(s) and include your name, address, phone number, email address, and your physical or electronic signature. Also state that (1) you are the copyright owner or authorized to act on behalf of the copyright owner; and (2) you have a good faith belief that the use of the work is not authorized by the copyright owner, its agent, or the law.

We will respond to clear and valid notices of alleged infringement by removing or disabling access to the allegedly infringing Content, regardless of whether we are liable for such infringement.

Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that content is infringing your copyrights. Contact an attorney if you are not sure whether the content is infringing.

8. Counter-notification

Acting under a Creative Commons Attribution license, Soundshiva complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). As required by the DMCA, we will take reasonable steps to notify you when we remove or disable the content that you posted that allegedly infringe copyright.

If you are a User who believes your content was mistakenly removed or disabled, you may send a counter-notification to our Administration. In your counter-notification, please identify the link to your work or any other Content posted on the Site before it was removed or disabled, and include your name, address, phone number, and your physical or electronic signature. Also state that you have a good faith belief that the content was mistakenly removed or disabled.

Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.

9. Limitation of Liabilities

You expressly understand and agree that in no case will the Soundshiva, its employees, officers, directors, affiliates, agents or any other person acting on the behalf of Soundshiva (hereafter referred to as “Soundshiva Parties”) be liable to you on any legal theory for any incident, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation to any loss of the income, loss of goodwill or reputation, or loss of data, regardless of the nature of the claim or the form of action, arising from the Site or Content and services on the Site, whether or not we had any knowledge, actual or constructive, that such damages might be incurred.

THE SOUNDSHIVA PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON ITS WEBSITE OR SERVICES INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON ITS WEBSITE, FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITE, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE SOUNDSHIVA’S WEBSITE.

10. Non competitive clause

In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Site or the services provided by the Site (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Site or the services provided by the Site); or, (ii) use the Site or the services provided by the Site in any manner that could disable, overburden, damage or impair the Site or the services provided by the Site, or interfere with any other party’s use and enjoyment of the Site or the services provided by the Site.