Terms of Use – Disclaimer of Liability
Before visiting or using the pages and the services of the Scarabeoisland.com ( “the Site”) internet site, the visitor/user should read carefully the terms and conditions cited below (hereinafter ‘the terms and conditions’) governing the full contents (hereinafter ‘the contents’) and the use of, and the supply of services through, the Site’s webpage. Unless the visitor/user disagrees with the terms and conditions, in which case he/she shall not visit/use the pages of the Site’s webpage and/or Site’s services offered through it, the visitor/user shall be deemed to be aware of the terms and conditions and to consent to them.
Scarabeoisland.com (hereinafter referred to as ‘the Site’) is entitled to modify the terms and conditions at any time. The visitor/user shall each time check the terms and conditions for modifications as above and, in the event that he/she disagrees, he/she shall cease to visit/use Site’s webpage. Should the visitor/user continue to visit/use Site’s webpage, he/she shall at any time be deemed to acknowledge and agree to the terms and conditions, as currently applicable.
OWNERSHIP OF CONTENT
We do not own your content. By uploading, posting or displaying (collectively, "Posting") any text, images, audio, video or other content (collectively, "Content") to the Site, you do, however, grant us a limited license to use your Content. We call this the "Content License", which is basically a set of rules for how we may, and may not, use your Content. Specifically, under the Content License:
Community Programs
Programs can be added, deleted or modified by us at any time. From time to time, we may initiate Programs that involve use of your Content outside of the general scope of the Content License, or would involve different kinds of content. These Programs may involve different or additional terms than those found in these Terms which you or a representative of your band must agree to (collectively, "Ancillary Terms"). Ancillary Terms include formal notice language and click-through agreements, the descriptive names of Programs, and the stated rules/limitations, descriptions and obvious functional elements of such Programs, which serve as notice to you of how such activities are intended to work, and of the terms applicable to the activity. Your participation or use of a Program constitutes your agreement to such Ancillary Terms. Examples of such Programs include organization of entertainment, sports and culture events via internet polling, selling or offering free permanent downloads of songs, and creating and sharing mixtapes and anything needed to promote the scope and creation of the Site.
Partner Offerings
In addition to our Programs, we may occasionally facilitate other businesses ("Partners") providing or offering to provide goods or services to users ("Partner Offerings"). To assist Partners in making these Partner Offerings relevant to Users, we may provide Partners with non-personally identifying information about a user, including the User's known or estimated postal codes, age, and gender information associated with the User Profile and/or associated Band Profiles, together with an identification number or other information that would not reveal a user's personal identity to the Partner. Except as specifically provided for herein, participation in such Partner Offerings is subject to whatever terms, conditions and privacy policies are agreed to by Partner and the user; notwithstanding the wording of any such materials, nothing therein may cause us to have, or increase any liability or obligation to any party. By utilizing or opting in to such Partner Offering, you agree that we shall be completely free from from any liability arising from that relationship (including all aspects of that relationship that happen on or through the Site).
Contests, events and other promotions
From time to time, we, our users or our Partners may conduct contests, events, giveaways or other promotions (collectively, "Promotions") on or through the Site. In order to be eligible to participate in any Promotion, your user profile must include your legal name, and a profile picture, and be registered with a verified or verifiable email address; one entry per individual and per email address (the foregoing are the "Minimum Account Requirements"). If the Ancillary Terms of a Promotion do not expressly state that we are the sponsor of such Promotion (or if there are no such stated Ancillary Terms), then by participating in the Promotion you agree that the users or bands or Partners presenting, offering or sponsoring the Promotion, and not us, are solely liable for the Promotion, including but not limited to the awarding of any prizes or awards. Nothing in this paragraph shall be construed as giving any party permission to conduct or sponsor a Promotion on, through, or utilizing the Site. In addition, by participating in any Promotions, you represent that you are a permanent, legal resident of the Republic of Cyprus and at least 18 years of age. Fraudulent entries, or entries generated by script or other technological means are void. If a promotion involves inviting others to register on the Site, only those registrations meeting the Minimum Account Requirements will count for any purpose in the Promotion; if a newly registered user was invited by multiple users, we will determine which participant in the promotion will receive credit for the registration. Prize and award payouts under $250 in value are generally made within one week of closure of the promotion; larger payout amounts are generally made within thirty days. We may, in our discretion, require a signed release and affidavit before delivering the prize or award to a participant. Our determinations regarding any aspect of a promotion are final. The foregoing provisions apply to any and all Promotions, except and only to the extent that the Ancillary Terms associated with such Promotion expressly state otherwise.
Your Content is your responsibility
You (and not us) are solely responsible for your Content, and for its accuracy, integrity, quality, lawfulness and merit. By putting your Content on the Site, or by delivering your Content to a third party via the Site or other mechanism facilitated by us, you are making a legally binding promise that you possess all the rights necessary in order for you to grant to us the Content License, and that your Content (and the inclusion of such Content in Programs) does not violate the privacy, publicity or intellectual property rights (including copyright) of any other party. If any royalty or other payment becomes due to any party as a result of us fully exercising the Content License rights to such Content, or your participation in the Site or any Programs, then you alone (and not us) shall be responsible for such payments. Your use of Content in any Program is your responsibility. You may not upload, post, publish or transmit any Content that is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable, including, without limitation, any Content that would constitute illegal activity, give rise to civil liability, or violate any local, state, national or foreign law. You may not put Content on the Site if you can't make all these promises about the Content, or for which you are not legally entitled to grant us the Content License.
Site monitoring
We reserve the right, but are not obligated to, monitor or screen any or all Content, activity or information exchange occurring on or through the Site, including but not limited to monitoring to determine compliance with these Terms or to accumulate economically valuable data about usage and other behaviour patters on or related to the Site. For information on privacy, please see our Privacy Policy. We do not guarantee that any monitoring or screening it conducts will be effective or accurate. Site organization. The Site is organized around individual "users" who create "user profiles" and, where applicable, "artist profiles". An individual user can identify themselves as, or part of, one or more user or artists on the Site by creating them or by accepting invitations to join artist profiles created by others. If you are part of one or more artist profiles on the Site, you will be able to upload, modify and/or delete Content from the profile. Please exercise care with respect to band profiles you create or join on the Site, and carefully monitor the activity in such profiles, because you are responsible for all of the Content in such profiles under these Terms, just as if you had personally uploaded it. More on "widgets". As described above, "widgets" are features or Programs that allow users (and in some cases, others) to use, share or manage content that will appear in a location other than the Site. As in all other cases, users who upload content are fully responsibly for such content, including responsibility for respecting the rights of copyright owners.
Intellectual Property Rights
Unless explicitly stated that a logo or a copyright belongs to a third party, the copyright for the entire content of this internet site is held by the Site.
Without prejudice to third parties’ copyrights, users may make free use of information obtained directly from the Site, subject to the following conditions:
1. Any reproductions made of the information, unless such reproductions are expressly restricted, must be accurate, and the Site must be cited as the source.
2. Where the information is incorporated in documents that are sold, the natural or legal person publishing the information must inform buyers, before they pay any subscription or fee, that the information may be obtained free of charge from the Site’s internet site.
3. If the information is modified by the user, this must be stated explicitly.
4. When linking to the Site’s website for business or promotional purposes, the Site’s internet site must be the sole element in the browser’s window.
Visitor/User’s Obligations
The visitor/user shall visit/use the site in a fitting and appropriate manner and shall duly observe the rules of honest industrial and commercial practice. Furthermore, the visitor/user shall comply with the provisions of Cyprus and International law and the relevant statutory provisions governing telecommunications, and shall refrain from any misuse or abuse of the contents and the services of Site’s internet site; accordingly, any damage caused to Site’s internet site or generally to the internet by reason or as a result of the visitor/user’s misuse or abuse of the relevant services shall fall exclusively within his/her area of responsibility.
Limitation of Liability of the Site’s Webpage
The Site undertakes to exercise its best efforts to ensure, but makes no representations or warranties for, maximum accuracy, clarity, timeliness, completeness, correctness and availability of the information and the contents of Site’s internet site. Under no circumstances, including negligence, shall any liability be created in the Site for any damage caused to the visitor/user by reason or as a result of the use of Site’s webpage.
Any information and service available through the Site shall be supplied ‘as is’, without any representation or warranty whatsoever, whether express or implied, on the Site’s part, including representations or warranties regarding the fitness or merchantability of any of the above information or services.
The Site under no circumstances guarantees an uninterrupted, error-free or virus-free supply of contents and services via the Site or via any other site server providing access to the contents of the Site.
Under no circumstances shall the Site be liable for any direct or consequential damage, loss of profit, decision-making, performance or non-performance of any securities or other investment transaction that may arise from the use of the Site.
Disclaimer of Liability for Solicitation
Under no circumstances shall anything available to the visitor/user through the Site be deemed to constitute a direct or indirect solicitation to carry out any investment or other act which has a financial impact; the visitor/user shall use his/her discretion to assess anything available through the Site as above and shall act on the basis of his/her own will, without any responsibility on the part of the Site.
Links to other Sites
The Site is not legally responsible for the contents and services of internet sites other than the Site’s which are accessible via the Site’s webpage through links, hyperlinks or commercial banners, and makes no representations or warranties as to the availability of the contents or services thereof.
Any problem which may arise during the visitor/user’s use of any other internet sites accessible via the Site’s webpage falls within their area of responsibility and shall be taken up with them.
Access to other internet sites via the Site’s webpage is provided for the visitor/user’s convenience only and creates no liability, obligation or commitment of any nature whatsoever in any of the parties involved.
Protection of Personal Data
The management and protection of the visitor/user’s personal data shall be governed by the terms hereof and by the relevant statutory provisions of Cyprus law. Under no circumstances shall any personal data as above be disclosed to any third party (except for the competent authorities, under the circumstances provided for by law), and their personal nature shall be safeguarded at all times.
Any records of personal data maintained in the Site’s webpage are so maintained exclusively for the purposes of communication, statistics and upgrading of its services. In any event, however, the visitor/user of the Site’s webpage is entitled to have the record of his/her personal data, if any, deleted, corrected or altered by instructing the competent department of the Site to that effect.
As regards links to other internet sites, the Site’s webpage is not legally responsible for the terms and conditions on which personal data are managed and protected by such other internet sites.
Minors are allowed access to the Site’s webpage subject to their parents’ or guardians’ consent only and are not required to supply any personal data.
Governing Law and other Provisions
This Agreement is governed by the provisions of the Law of the Republic of Cyprus and relevant international provisions, and shall be construed in accordance with the rules of good faith, equitable principles and the economic and social purpose of the right.
In the event that any of the terms hereof is deemed to contravene the law and is declared void or voidable, whereupon it shall ipso jure cease to be effective, the remaining terms hereof shall not be affected in any manner whatsoever and shall continue to be in full force and effect.
International use
We make no representations that the Content, products, and/or services on this Site are appropriate or available for use in locations outside the republic of Cyprus. Those who choose to access this Site from other locations do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.
No amendment to any of the terms hereof shall be valid or constitute a part hereof unless it is formulated in writing and incorporated into this Agreement.