TERMS OF SERVICE

Please read the following Terms of Service carefully before using this website.

This Terms of Service (“TOS”) is entered into by the User (General Browser, Artist or Sponsor) and EIDOL, a Company incorporated in USA. The EIDOL Sites http://www.eidols.net, http://www.eidol.org, http://www.eidolbank.com and http://www.downloaditshow.com (singularly known as “Site”) is comprised of various web pages, tools, original music, software, content, video software, online banking, information, virtual office and features operated by EIDOL as part of its social networking services for musicians including its proprietary products such as EIDOL RADIO, EPOD and the DOWNLOADITSHOW. The EIDOL Sites offer excellent opportunities for communicating and conversing about the latest trends in the music industry through the unique process of call – create – earn – receive, as detailed on the EIDOL Sites.

The EIDOL Sites provides user with the Digital Media Distribution System (DMDS) - a means of delivering to radio broadcasters and other authorized users your music and audio files and their related meta-data ("Tracks") via uploading and downloading at the EIDOL Sites and the Download It show, which is a TV show offered by eidol.org (the "Service"). EIDOL radio is available to virtually every significant music oriented radio station in the U.S. and Canada. EIDOL radio comprehensive and accurate distribution list of radio stations and industry professionals for the US and Canada. EIDOL radio further puts user track on the same track-listing page as major label priorities and finally a level playing field.

The EIDOL Sites further offers eligible and talented musicians the opportunity to go professional and markets their CD's and music by distributing it internationally through the internet by way of various online payment transactions.

1. ACCEPTANCE OF TERMS

By entering the EIDOL Sites and / or any page accessible on the EIDOL Sites and / or by posting content on the EIDOL Sites or dealing with EIDOL in any way through the EIDOL Sites, the User accepts, without limitation or qualification, to be bound by the terms of this TOS. eidol further holds live auditions at certain venues. Users who contestant will be asked to read this TOS before signing up for such audition and such User accepts, without limitation or qualification, to be bound by the terms of this TOS. This TOS sets forth the terms and conditions under which the User uses the EIDOL Sites and under which EIDOL agrees to the use of the EIDOL Sites.

You agree to abide by any applicable posted guidelines for all EIDOL services, which may change from time to time.  Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with EIDOL in any way, your only recourse is to immediately discontinue use of EIDOL.

If the User does not wish to be bound by the terms the User should not access or use the website.

2. SCOPE OF THE EIDOL SITES  

The EIDOL Sites is an online social networking community that connects its members through multiple content posting and through a variety of services that it provides to its members. The EIDOL Sites allows users to upload original music, videos, personal photos and post blogs further buying, distributing original CD’s with online payment transactions. 50% of digital downloads are accumulated from EIDOL’s many retailers with over 100 retailers available. New artist user signups will have their music broadcasted from the EIDOL Sites on the player. They can receive ratings on their profile, and annually have a chance to win a cash prize titled "Signing Bonus" based on which User receives the highest rating annually from the ratings menu. The EIDOL Sites sends and receive payment by way of online banking and will intimate you by way of mail when someone sends payment to your account.

Users who go pro through the EIDOL Sites have the opportunity to sale music, ringtones etc. Professional Account Users who opt for this relationship will receive 50% for the CD sale,   dvd sale and   single tracks and ringtones that their music may be converted into.   

You understand that all postings, music, video, files, images, photos, messages, text, information provided by you in the online payment transfer options such as credit card, E- check and US mail or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the EIDOL Sites. You understand that EIDOL does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the EIDOL site and Content available through the Service may contain links to other websites, which are completely independent of EIDOL. EIDOL makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will EIDOL be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that the EIDOL Sites does not pre-screen or approve Content, but that EIDOL shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.

EIDOL radio Digital Media Distribution System (DMDS) is the industry's leading distributor of secure digital media. DMDS has changed the way radio is serviced by working with radio stations and labels to create the best solution for the secure distribution of new music.

 

3. THIRD PARTY CONTENT, SITES, AND SERVICES

The EIDOL site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of EIDOL including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. 

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

You agree that EIDOL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this EIDOL Sites, or between users and any third party, you understand and agree that EIDOL is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release links list, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

4. LIMITATIONS

EIDOL's responsibilities are limited as below:

• The contents are posted not by EIDOL and the music is not uploaded by EIDOL, but by other users of the EIDOL Sites. User understands and agrees that EIDOL has no control over the quality or legality of the contents posted, or the truth or accuracy of the contents or the information provided in such contents. EIDOL is not responsible for the legalities of any copyrighted music uploaded by any User. The reliability, availability and performance of resources accessed on these contents are beyond EIDOL's control and are not in any way warranted or supported by EIDOL. The User agree that EIDOL cannot and does not guarantee or warrant that files available for downloading through the EIDOL Sites will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

• EIDOL is not responsible for access by any users, neither the User nor minors, to objectionable or offensive lyrics, or music or videos or other information or data. The User agree that use of the EIDOL Sites and the Internet, without limitation, is solely at his own risk and is subject to all applicable local, state, national and international laws and regulations.

 

• The User agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information the User transmit over the Internet. EIDOL is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. The User further understands and agrees that EIDOL has no control over third party networks or sites that the User may access in the course of use of the EIDOL Sites, and that delays and disruptions of other network transmissions are completely beyond the control of EIDOL.

• EIDOL provides the EIDOL Sites as a platform for content posting and social networking for musicians, but does not directly participate in, nor is it involved in any transactions, except specific services to users who want to go pro.

 

• The EIDOL Sites is intended solely for private and personal use on the user’s computer. Any other use or any attempt to use the EIDOL Sites in any way that violates any law, rule or regulation for the time being in force, or for any other commercial or other purposes is strictly prohibited and the User understands and agrees that EIDOL shall not be responsible for the same. The EIDOL Sites is not intended to be available to places or for purposes in which its use is illegal or otherwise prohibited.

• The User is responsible for researching and complying with any applicable laws, regulations or restrictions on links, or items or services described or offered in links, or manner of link networking in which they participate.

 

• The User understands and agrees that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. The user is encouraged to communicate directly with a contact to help evaluate the person.

• The User understands and agrees that there are risks in dealing with online banking while payment transactions. The user should be attentive of giving personal information.

 

• The User understands and agrees that EIDOL is not responsible for the actions other Users takes, before, during, and after posting links in your network, typographical errors, misprints or other typos, loss of merchandise/money, damage or failure of equipment, due to the User’s visit to the EIDOL Sites.

• The User understands and agrees that use of the Service is at User sole risk and that the Service is provided on an "as is" and "as available" basis.

 

• The User acknowledges that these Terms of Service constitutes a binding agreement to engage the EIDOL Sites including EIDOL Radio, DOWNLOADITSHOW and EPOD for the Services according to these terms and that user will be responsible to pay for any transactions made at the then current transaction cost.

• The User acknowledges that EIDOL shall be the final decision maker of whether the User have violated the TOS in a manner that results in his suspension or permanent barring from participation in the EIDOL Sites.  

 

• These Term and conditions constitute the entire agreement between user and EIDOL radio and govern user’s use of the Service and supersede all other agreements and understandings.

5. REGISTERED USERS

The EIDOL Sites have a Free account, Pro account and a Force account.

EIDOL Radio delivers your music with images and accompanying information to your selected destinations. It does not guarantee your tracks will be played by radio programmers.

The EIDOL Sites allows you to send your music to radio and other music industry pros.. You must confirm to the following:

• Your music must be in wav format (or mp3, if wav is not available).
• You cannot send more than 20 tracks at one time.
• You can include one or two artwork files (album cover or single image, promo photos, etc.).
• You can include Label logo artwork (230x110 pixels maximum in jpeg format)
• You can include any other information you would like to include with your forward.

 

EIDOL radio further incorporates EPOD where live auditions shall be taken from the User. EIDOL radio shall setup to take the audition online and as well as in person from you at the EIDOL Site www.downloaditshow.com through the EIDOL studio system called EPOD. The DOWNLOADITSHOW allows you to view a TV show offered by eidol.org

Wherever the User is asked to provide information in connection with the website, the User agrees to provide true, accurate, current and complete information when registering, as registration indicates acceptance of this TOS. The User is not obliged to provided, the EIDOL Sites with any optional information requested. EIDOL reserves the right to refuse use of the system and services to anyone at any time for any reason without notice.

Free Account

Registration on the EIDOL Sites is free. The use of the EIDOL Sites and services is limited to parties who can enter into and form legally binding contracts under applicable law. Minors (those under 18) are prohibited from using the system and services.

Pro Accounts

Users who open professional accounts on EIDOL agree to pay an initial payment of $149 and a subsequent $9 month to month standing commitment for all their global operations using the EIDOL Sites and agree to provide a 12 month commitment to EIDOL. On the amount accumulated in a PRO Account on the EIDOL Sites reaching $100, pro members may file an online request for release of such amount, to be made through PayPal facilities for the first distribution following which user will receive regular distributions. User shall receive royalty checks. Eidol shall collect all the royalties and users shall receive 50% of royalties recovered. The minimum target for PRO account Users will be to sell 10 units or 20 tracks in a year’s time to retain their User Pro account status.

Force Account

A Force Account provides you with the Digital Media Distribution System (DMDS) - a means of delivering to radio broadcasters and other authorized users your music and audio files and their related meta-data ("Tracks") via uploading and downloading at the Site (the "Service").

By supplying your Tracks for upload to the Site, you grant Eidol radio a no-charge, non-exclusive license throughout Canada and the United States to download and/or stream such Tracks to third parties solely for the purpose of providing the Service to authorized users.

User shall be responsible for the payment of any taxes associated with using the Service. The cost for transactions on the EIDOL Sites is subject to change without notice and will be posted at all times on the EIDOL Sites.

Show Booking

Shows can be booked through the pro accounts at EIDOL sites that shall contain booking links for the same. EIDOL reserves the rights to announce at will from time to time, the booking of particular shows through pro accounts. The details of user confirmation of show booking announced by EIDOL shall be provided to the artist concerned. All show activities including venue, show time, promotion materials, artists shall be finalized in communication with EIDOL and all show and promotional materials shall contain the EIDOL brand and service description. The following details may be provided for show booking at EIDOL sites:

Company Name
Contact Person
Fax
Phone
Address
City
State
Zip
Who referred you
Are you the decision maker?
What type of organization do you represent?
What is the description of the event?
What is the projected audience mix? Male
What is the projected audience mix? Woman
What is the projected audience size?
Who will be attending the event?
What is your budget?

6. WORKING OF THE EIDOL SITES

A user of the EIDOL Sites may perform various transactions including:

• Registering with the EIDOL Sites.
• Uploaded original music
• Posting content that includes music / graphics / pictures / links / text, etc on the EIDOL Sites
• Inviting other users to the EIDOL Sites
• Posting messages in a Forum
• Usage of chat area
• Usage of internal messaging system for communication with potential users
• Downloading original music and videos
• Posting personal photos
• Buying and distributing original CD’s by using an online payment transaction.
• Funding options such as credit card, E- check and US mail.
• Offering referral programs.

 

A user shall not post content containing pornographic material, or that contain obscene or rude postings, or details of illegal merchandise, including pirated software and music, rebates, coupons, or other items illegal or not available for resale, or illegal services.

The EIDOL radio destination packages have been carefully assembled by EIDOL team of knowledgeable former radio promotion reps who have over 30 years of experience working for both major and independent labels in the US and Canada. The packages are updated on a regular basis to ensure your release will be available to the right person at the right place.

Whether it be a carefully targeted selection of only BDS/Media base monitored stations (that's the stations where spins are monitored to create radio format charts), or a more comprehensive list that better covers the format(s) of choice; our packages are designed to suit User needs.

Package pricing is dependent on number of deliveries in each package. A delivery is defined as one track made available to one radio station. (If there are multiple persons at these stations using EIDOL radio, deliver to them all as one delivery!) DMDS Direct eliminates the costs of manufacturing promotional CD singles including artwork and liner notes, packaging, and postage/courier fees. User music is delivered instantly to the selected recipients. So EIDOL radio saves user money, time, and labor.

Sponsor Cycle

EPOD presents a platinum force package which includes the following:

Step 1: The sponsor shall choose a talent from show contestants.

Step 2: the contestant shall decide which level of sponsorship your company or organization shall be taking. The different sponsor levels are:

• If sponsorship level is $200 then EIDOL allows logo branding on TV profile page with hyperlink back to web destination. Sponsor name will be mentioned as, this talent brought to you by SPONSOR every time artist is aired.

 

• If sponsorship level is $500 then EIDOL allows details from $200 sponsorship and a complete one page ad in EIL magazine newest volume.

• If sponsorship level is $1000 then EIDOL allows details from $200, $500 sponsorship as well as ad banner to be advertised from corporate site www.eidol.org

 

Step 3: That your brand grows with your talent! As your talent progresses from round to round your brand shall progress as well. Each appearance offers more visibility to.

Step 4: Artist without sponsors shall receive 20% of royalties recovered. Sponsor artist shall receive 40% and sponsor shall receive 10% of all royalties recovered. The download shall be tracked and updated online. Payments shall be handled via eidolbank.com.

Step 5: Where the winning track shall be sent to radio stations in North America, also html email blast to include sponsors logo shall be sent to 1 billion email addresses. Also there shall be 20 cities newspaper ads to be published with mentioned to sponsor and over 100 cities to choose from.

EPODS shall also offer the EPOD Mobile Studio to users in public locations such as local malls. Users can use the EPOD Mobile Studio facility to audition for the Downloaditshow. Downloaditshow shall present the platinum force account to the winner from the above contestants.

Content that are posted are subject to review by EIDOL and shall be removed without prior notice, if in violation with the TOS. EIDOL also reserves its right to cancel the User account and keep any monies owed to the User.

Any ongoing networking among members may be cancelled, if EIDOL determines that it is necessary to do so to comply with any of the rules, terms and conditions of the EIDOL Sites, or to comply with any law, rule, regulation or order applicable to EIDOL, to the EIDOL Sites or to any user on the EIDOL Sites, or to prevent fraud or abuse.

On such termination of an ongoing networking, all amounts due to the User shall be nullified and returned to the EIDOL Sites.

7. SECURITY

By signing up on or otherwise posting content on the EIDOL Sites or opening an account with the EIDOL Sites, the user authorizes EIDOL to, at any time and from time to time, confirm the user’s identity and take steps to validate the financial transactions the user performs on the EIDOL Sites. To help these security checks, the user agrees to provide EIDOL with identification or other information or documents as EIDOL requests.

User information includes any information provided by the user to EIDOL or other users during the registration, or listing process, in any public message area or through any email feature.

The EIDOL Sites recognizes that personal and company information that may be entered in DMDS Direct may be of a confidential or sensitive nature. DMDS Direct services have been designed to be resistant to the inappropriate access or disclosure of such information to other registered and unregistered users.

EIDOL policy is not to provide to third parties any list of users, user addresses, user e-mail addresses or other such user information for commercial purposes. However, EIDOL Sites may occasionally reference user company name in customer lists or press releases issued by EIDOL Sites regarding the licensing and/or usage of the Service.

The user is solely responsible for user information, and the EIDOL Sites acts as a passive conduit for online distribution and publication of user information. However, EIDOL reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion if it believes it may create liability for it or may cause it to lose (in whole or in part) the services of its ISPs or other suppliers.

User information and music and videos on the EIDOL Sites: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

The user agrees to grant EIDOL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) the user has in user information, in any media now known or not currently known.

The User shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of the EIDOL Sites or any sale being conducted on the EIDOL Sites. The User shall not take any action which imposes an unreasonable or disproportionately large load on the EIDOL Sites infrastructure. Unauthorized use of or sharing of passwords or user accounts is strictly prohibited.

8. RIGHT TO CHANGE, MODIFY OR TERMINATE EIDOL SITES

Without prejudice to any other rights that it may have, EIDOL  reserves the right and sole discretion to change, limit, terminate, modify or alter at any time, temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. The User will be deemed to have accepted any modifications, if the User continues to use the website after they have been posted. Incase of fraud or scam EIDOL will suspend your account. Such modifications shall become effective immediately upon the posting thereof.

EIDOL may terminate Users use of the Service, or remove and discard any track, if the Site believes that User have violated or acted inconsistently with the letter or spirit of these Terms and conditions. EIDOL may also in their sole discretion and at any time discontinue providing the Services such as EIDOL RADIO, DOWNLOADITSHOW and EPOD, or any part thereof and shall not be liable to User or any third-party for any termination of User access to the Service.

In the event EIDOL terminates this TOS, the User must immediately stop using the EIDOL Sites. EIDOL shall terminate membership and any of current accounts immediately if the User commits breach of this TOS or if EIDOL is unable to verify or authenticate any information the User provides to it.  

9. CHANGES TO TOS

EIDOL reserves the right, from time to time, to amend or change this TOS (including any of the policies which may be applicable to use of the EIDOL Sites). The User agrees to visit the EIDOL Sites periodically to be aware of and review any such revisions. Changes to this TOS shall be effective upon posting. By continuing to use the EIDOL Sites after revisions are posted, the User accepts the revisions and agrees to abide by them.   

10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to EIDOL or email addresses through EIDOL computer systems, is expressly prohibited by this TOS. Any unauthorized use of EIDOL computer systems is a violation of the TOS and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Such violations may subject the User and his or her agents to civil and criminal penalties.

11. INTELLECTUAL PROPERTY RIGHTS

The EIDOL Sites is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the EIDOL Sites or the collective work, and/or copying or reproducing the EIDOL Sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of EIDOL.

All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the EIDOL Sites and the EIDOL RADIO, DOWNLOADITSHOW and EPOD applications (including but not limited to, related software and including but not limited to any images, graphic, photographs, animations, video, audio, music, text and "applets," incorporated into the software, and any copies of the software), are owned by EIDOL, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the EIDOL Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

This TOS does not grant the User any rights to use such content, other than the right to use the EIDOL Sites according to the terms of the TOS. The User further agrees not to reproduce, duplicate or copy Content from the EIDOL Sites without the express written consent of EIDOL, and agree to abide by any and all copyright notices displayed on the EIDOL Sites. User shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the EIDOL Sites.

12. DISCLAIMER OF WARRANTIES 

THE USER WARRANTS THAT ALL REGISTRATION INFORMATION THAT PROVIDES BY USER ("USER INFORMATION") IS ACCURATE AND COMPLETE.

THE USER’S USE OF EIDOL IS AT HIS OWN RISK. IN THE EVENT THE USER HAS A DISPUTE WITH ONE OR MORE USERS, THE USER SHALL RELEASE EIDOL (AND ITS AGENTS AND EMPLOYEES) FROM ALL CLAIMS, COSTS, EXPENSES, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF THE USER’S ENTRY ONTO THE EIDOL SITES, POSTING OF ANY LINKS, ANY MISINFORMATION THAT THE USER PROVIDES TO THE EIDOL SITES, ANY ACTION THAT THE USER TAKES IN VIOLATION OF ANY OF THE RULES, TERMS OR CONDITIONS OF THE EIDOL SITES, PARTICIPATION IN ANY OTHER ACTIVITY ON OR MADE AVAILABLE TO THE USER THROUGH THE EIDOL SITES, THE USE OF THE EIDOL SITES’S SOFTWARE, OR RECEIVING REFERRAL FEES, OR OTHER SUCH INCENTIVES FROM THE EIDOL SITES OR SPONSORS, OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

THE USER ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE CONTENT MADE AVAILABLE ON OR THROUGH EIDOL IS PROVIDED SOLELY BY THE USER WHO POSTED SUCH CONTENT AND NOT BY EIDOL.

BY OPENING, MAINTAINING AND USING AN ACCOUNT, THE USER REPRESENTS AND WARRANTS THAT HE IS NOT A RESIDENT OF ANY JURISDICTION WHICH DOES NOT ALLOW THE SERVICES PROVIDED BY THE EIDOL SITES TO BE OFFERED OR USED.

EIDOL PROVIDES THE EIDOL SITES ON AN "AS IS," AND  AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ANY MATERIAL DOWNLOADED OR OTHERWISE THROUGH THE USE OF EIDOL IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM AND LOSE OF DATA THAT RESULT FROM THE ABOVE.

EIDOL DOES NOT WARRANT THE SECURITY OF THE EIDOL SITES OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE, OR THAT IT WILL BE UNINTERRUPTED, MEET YOUR REQUIREMENTS, TIMELY ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.          

13. LIMITATION OF LIABILITY

IN NO EVENT WILL EIDOL BE LIABLE TO ANY PARTY FOR (I) ANY TERMINATION OF USER ACCESS TO THE SERVICE, ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE EIDOL SITES, PROVISION OF OR FAILURE TO PROVIDE THE EIDOL SITES, LOSS OF DATA, THE USER ACCESS OR INABILITY TO ACCESS OR USE THE EIDOL SITES OR THE USE AND RELIANCE ON LINKS, INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE EIDOL SITES, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE EIDOL SITES, EVEN IF EIDOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EIDOL SITES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, EIDOL'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. INDEMNIFICATION

The User agrees to defend, indemnify and hold harmless EIDOL. EIDOL Radio, the EIDOL SITES, Dlanor Studios, its affiliates, representatives, and its officers or partners, directors, employees, agents and suppliers from any claim or demand made by any third party due to or arising out of any Track user upload to the EIDOL Sites, user use of the Service, user connection to the Service, user violation of these terms and conditions or user violation of the rights of any party and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this TOS by the User (or any parties who use his computer, with or without his permission, to access the EIDOL Sites); (b) the use of the EIDOL Sites or the Internet or the placement or transmission of any message ,payment transactions  information, software or other materials on the Internet by the User (or any parties who use the User’s computer to access the EIDOL Sites, with or without his permission); (c) negligent acts, errors, or omissions by the User (or any parties who use his computer to access the EIDOL Sites, with or without his permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this TOS, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the EIDOL Sites or the Internet.

15. DATA MANAGEMENT

The User is solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the EIDOL Sites.

The User is responsible for management of his information, including but not limited to back-up and restoration of data, erasing data from disk space the User control and changing data on his router. The User is also responsible for development and maintenance of any security procedures the User deems appropriate, such as logon security and encryption of data, user ID and password on his router and firewalls, to protect his information.

EIDOL is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information, including without limitation, email and address book information. In addition, the User agrees that information required by the EIDOL Sites software (including any personalization information) and other identifying information requested by EIDOL or its portal supplier may be placed in the EIDOL Sites’s user directory.           

16. MISCELLANEOUS PROVISIONS        

If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  

By transmitting, uploading, posting or submitting any information or material using the EIDOL Sites Tools, the User (i) represents that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrants that no other party has rights to the information and that his transmission, posting, uploading or submission of the information does not violate any copyright or other laws.

The EIDOL Sites contains third party links and it is provided by EIDOL only as a convenience to its users. Any web sites linked to or from the EIDOL Sites are not reviewed, controlled, or examined by EIDOL and it is not responsible for the contents of any linked site or any link contained in a linked site. In no event shall EIDOL be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.   

The User and EIDOL agree that all matters relating to use of, the Service or EIDOL Sites shall be governed by the laws of the United States of Amercia, Province of Ontario and the federal laws of Canada applicable therein without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOS. The User and EIDOL consent to the exclusive personal jurisdiction of and venue in a court located in Georgia, for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this TOS or to the EIDOL Sites. Except as otherwise required by law, including Georgian laws relating to consumer transactions, any cause of action or claim the User may have with respect to the EIDOL Sites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.           

This TOS, including all Attachments hereto, which are fully incorporated into this TOS, and also including all policies and notices incorporated into this TOS by reference, constitutes the entire agreement between the User and EIDOL with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. The User agrees not to assign or otherwise transfer this TOS in whole or in part; any attempt to do so shall be void. This TOS may be revised by as mentioned above in paragraph 9. Any terms varying from this TOS in any written or electronic communication from the User are void.

17. feedback

We welcome your questions and comments on this document in the EIDOL feedback forum on the EIDOL SITES or to info@eidols.net, info@eidol.org and info@eidolbank.com and info@downloaditshow.com