A Music Resource & Online Community
Read this web page carefully, as it contains
the User Agreement ("Agreement") between You (and any entities You
represent) and Eurekster for the Eurekster Services and
By clicking "I Agree" below You agree to the Terms and Conditions of this Agreement, including the Appendices for specific Services. If You do not accept these Terms and Conditions, or if You do not abide by them in good faith, You must not use the Services or Websites.
Data placed on Eurekster by a User or User statistics generated by Eurekster that is private to that User and not intended for general access or distribution.
Any organisation, legal entity, or group, including but not limited to companies, partnerships, associations, institutions, charities, and governments.
A User that assists other Users to connect, communicate, or conduct activities.
The graphics, logos, drawings, images, text, design, look-and-feel, and software that We own and / or developed and make up our Website and communications. This does not include User Information or Customer Data.
The Eurekster service, including its Officers, Employees, Directors, Agents, Contractors, and Affiliates.
A User who has created an account with Eurekster and agreed to these Terms and Conditions.
An individual Eurekster service, such as Eurekster web search, Swicki, SwickiBuilder, SwickiPublisher, or SwickiDomain
The collected Services that together make up the complete Eurekster offering.
Any Registered User or visiting user of the Eurekster service.
Information placed on Eurekster by a User for the purpose of making it visible to other selected Users or in some cases the general public.
You and any Entity you represent. You can either be an individual or an Entity.
2.1 You accept that Eurekster is an Application Service Provider that provides
tools and an online venue for Users to search the web, connect, communicate, and advertise for
personal and business activity, based on User Information they exchange on
Eurekster and outside Eurekster.
2.2 You will use (and promote) the Services only for their intended and lawful purposes.
2.3 You will not use the Services to initiate or operate in association with unwanted or "spam" email or other communication to any other User, any other person or Entity, or Eurekster.
2.4 You will not post, submit, or communicate any User Information or other content while using the Services that is either false, misleading, misrepresenting, discriminatory, racist, obscene, libellous, offensive, illegal, defamatory, inappropriate, invasive, or in breach of any copyright, trademark, or other intellectual property rights. You are solely responsible and liable for any information You post, submit, or communicate while using the Services.
2.5 You will not use, or collect and reuse, the User Information or Material from the Services for any purpose other than within the Eurekster Services for its intended purpose.
2.6 You will not collect or attempt to collect or use the Customer Data of any other User.
2.7 2.7 You will not cause or solicit invalid, non-genuine, or deceptive clicks to occur in an automated or manual way on advertisements or search results appearing in the Services.
3.1 Eurekster is not responsible for the User Information that You exchange with
other Users on the Services or 3rd party website content that you access
through the Services, and Eurekster is not required to monitor, censor, or edit
any User Information, which is solely the responsibility of the User, or 3rd
party website content.
3.2 Eurekster reserves the right to remove any material and / or to terminate access to the Services without notice for any User that Eurekster believes is not abiding in good faith by this Agreement, in Eurekster's sole discretion and timing.
3.3 You are encouraged to report suspected misuse of the Services to Us by email at email@example.com.
3.4 Eurekster reserves the right to terminate any Service or the Services without notice and obligation.
4.1 You will not represent yourself as anyone else than who You really are,
whether this is your own identity or the identity of any Entity You claim to
represent. You will not access or attempt to access the Services using an
identity, email address, or account that does not belong to You.
4.2 If You represent yourself as acting on behalf of any Entity, You warrant that You are legally able to represent the Entity, that You are accepted or appointed by the Entity as its representative, and that You act on behalf of the Entity.
5.1 You will safeguard your password, and if You believe anyone else has or
could have obtained it You will log-on and change your password.
5.2 You are responsible for keeping your User Information, Customer Data, and yourself safe while using our service. We make no guarantee or warrant that Users will not misuse your User Information or Customer Data that You have provided to them. You are responsible and liable for any activity that occurs using your User ID.
5.4 You agree that Eurekster has the right to comply, in its sole discretion, with legal requirements governing release of Customer Data and User Information to requesting government authorities.
6.1 You will not attempt to interfere with, block, or degrade the performance,
capacity, or functionality of any User, host, or network through any means,
including but not limited to flooding, overloading, mailbombing, or crashing.
You will not upload to the Services or use the Services to distribute or link to any viruses, worms, robots, spiders, or software of any damaging nature. You will not attempt to probe, scan, or test the
vulnerability of the Services. You will not forge any TCP/IP packet header or
any part of the header information in any e-mail.
6.2 The Website and Services are provided on an as-is basis. We do not provide any guarantees or represent that the Website and Services will be accessible, reliable, timely, responsive, complete, error-free, virus-free, or operating correctly at the time that You access them.
7.1 You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Eurekster or to Eurekster webpages created by Eurekster to be used by You as part of the Services, as long as the link or your website or
webpage does not contain content that is false, misleading, misrepresenting,
discriminatory, racist, obscene, libellous, offensive, illegal, defamatory,
inappropriate, invasive, or in breach of any copyright, trademark, or other
intellectual property rights.
7.2 You must not create a browser or border environment around Eurekster content other for Eurekster content specifically prepared as code by Eurekster for You to post unaltered on your website as part of the Services.
7.3 You must not imply that Eurekster is endorsing You or your products and services, or any other Entity or its products or services, except with our express written consent.
7.4 You must not misrepresent your relationship with Eurekster.
7.5 A hyperlink to the home page of Eurekster may contain the words "Eurekster" and / or www.eurekster.com.
7.6 You must not use the Eurekster logo or other proprietary Material without permission from Eurekster, except for within Eurekster content specifically prepared as code by Eurekster for You to post unaltered on your website as part of the Services. You may request use with permission by emailing to firstname.lastname@example.org with a link to your site and description of the intended use. If approved, You must not resize, recolor, alter, animate, morph, or otherwise distort the Eurekster logo. The Eurekster logo must stand by itself and must include a minimum amount of 20 pixels of empty space around it in order to avoid associations with any other objects, including type, photography, borders, and edges.
7.7 The Eurekster link or logo must not appear larger or more prominent than your own identity, logo, or content on the website page containing the link.
8.1 Any links to other websites from our Website and search results and Services on other Eurekster User websites are provided
only on an as-is basis as a convenience to You as part of the Services.
8.2 Eurekster does not endorse or make any representations about other websites, any content on them, or results that may be obtained from using them. Eurekster does not control and is not responsible for any 3rd party website or its content.
8.3 If You decide to access any of the third party sites linked to this Website or listed in search results, You do so entirely at your own risk.
9.1 If You accept and honour in good faith the terms of this Agreement,
Eurekster grants You a limited, terminable, non-exclusive right to access, use,
and view the Services and the Website for your sole non-commercial use. Your use
of the Services and Website is a privilege, not a right. You may not download
any Material or User Information that does not belong to You from the Website
without our permission, other than browser page caching which is not retained or reused.
9.2 You retain all rights to User Information that You post in a Eurekster Service that is intended for viewing either by selected Users in Your network of contacts or by the general public. We can not use this information except with Your specific permission.
9.3 You allow us to reproduce and use in any way feedback that you provide to us, without your additional permission. You grant Eurekster the right but not the obligation to use the name that You submit in connection with such feedback content.
9.4 You represent and warrant that You own or otherwise control all the rights to any content that You post; that the content is not false, misleading, misrepresenting, discriminatory, racist, obscene, libellous, offensive, illegal, defamatory, inappropriate, invasive, or in breach of any copyright, trademark, or other intellectual property rights. You agree to indemnify Eurekster for all claims resulting from User Information or other content You supply.
9.5 You will not copy, reproduce, modify, sell, distribute, or otherwise use any Material on or from our Website or Services (other than Your User Information) or emails from us without our written permission. You will not copy, reproduce, modify, sell, distribute, incorporate, or otherwise use our copyrighted, trademarked, or patent-pending intellectual property without our written permission
9.6 You agree that all right, title and interest in and to the Services and Website other than User Information is the sole property of Eurekster or its licensors, and is protected by law and treaties. Other than the limited licenses granted to You in this Agreement, Eurekster reserves for itself and its licensors all other rights, title and interest. "Eurekster," the Eurekster logo, and certain other names or logos are service marks or trademarks of Eurekster, and all related product and service names, design marks and slogans are the service marks or trademarks of Eurekster. All other product and service marks contained on the Site are the trademarks of their respective owners.
10.1 If You place an advertisement through the Swicki Preferred Placement service, payment must be received in advance of the advertisement being served. When the balance in your account reaches zero, advertisements will no longer be served until further payment is received.
10.2 If You participate in the Swicki Preferred Placement program to publish paid advertising on your Swicki, You will be paid via PayPal approximately 30 days following the end of the month in which valid clicks appeared, assuming the balance due to You exceeds $25.00 US dollars. We are not responsible for paying for any clicks occurring from your IP address or any IP address you control, or for any use outside our Use for Intended Purpose Only policy (Section 1), or for any clicks that are blended in with a majority of invalid clicks.
10.3 If You participate in the Swicki advertising programs other than Swicki Preferred Placement, You will be paid directly by the advertising provider for the revenue corresponding to the percentage of page views that feature advertising with your account id (approximately 50%), and Eurekster receives the revenue from the percentage of page views that feature advertising with its account id (approximately 50%). You are responsible for properly maintaining your account with the 3rd party advertising provider according to their terms, and for accurately entering the information into the Eurekster forms.
10.4 If You dispute any amounts paid by You to Eurekster or paid or due to You from Eurekster, You must notify Eurekster in writing within 30 days or else You will waive all claims related to the disputed payment.
10.5 For Payments made by You for advertising through the Swicki Preferred Placement service, You acknowledge that you are responsible for self-assessing, reporting, and paying any applicable value-added tax, goods and services tax, or other applicable tax.
10.6 For Payments received by You, You acknowledge that you are responsible for reporting the associated income and paying any applicable income or other taxes.
10.7 If We introduce tax compliance measures, such as online forms or collection of your address or tax identification details, You accept that provision of such information is necessary for your continued participation in the Service.
10.8 If you cancel your participation as an advertiser or publisher in Swicki Preferred Placement, we will pay You the balance in your account via PayPal within 30 days of the end of the month following the closing of your account. We will not be obligated to pay for any balance less than $10.00 US dollars, or if your PayPal account is not valid.
11.1 Your use of any information on the Service and your results and
consequences are at your own risk and liability. We cannot control, guarantee,
or take responsibility for the accuracy, reliability, completeness, or safety
of any User Information or 3rd party website content, or the actions taken by
Users or others based on User Information or 3rd party website content.
11.2 Eurekster makes no guarantees or representation that Your use of the Services will be successful or fit to your purposes.
11.3 We are not responsible for and You will not hold us liable for any consequential, direct, indirect, special, or incidental damages related to your use of the Service, whether those damages are incurred by You or by other people or Entities.
11.4 If for any reason a jurisdiction rules that exclusion of one or more forms of exclusion of liability is not allowed, then the aggregate and total liability of Eurekster shall not exceed 100 US Dollars.
11.5 You indemnify Eurekster for any and all liability resulting from your use of the Service.
11.6 You agree that Eurekster is eligible for monetary and equitable relief as a result of damages if You breach this Agreement.
12.1 We reserve the right to change this Agreement at any time without notice,
and any such changes will appear in the copy of this Agreement available on the
Eurekster website. We will give You notice by email or on the Website if
changes have occurred that We consider material and major, in our sole
12.2 You agree to be bound by any changes that We make to this Agreement. You have the option to unsubscribe from the Services if You do not agree with the changes. You agree to be bound by any changes during the period between when the changes are made and when You unsubscribe, if You use the Services during that period.
12.3 You may not make any changes to this Agreement. You may send comments or suggestions to email@example.com, but our reception of these comments or suggestions does not indicate our acceptance.
If You have any questions on this Agreement or its Terms and Conditions, please contact us at accounts@Eurekster.com.