The Resource for Records Deals, Publishing Deals, Music Licensing, TV and Film Placements

In The Know
I think that the Industry Resource is a priceless tool to broaden the marketplace for digital music and business relationships.
--Loren
Lo-Jazz Records, Inc.
This is a great idea whose time has come in light of everything going on in music today!
--michelle
Warner Music Group
The Industry Resource supports creative freedom of speech and song, both on and offline. However, the goal of this website is to connect unsigned musical talent (singers, songwriters, producers, session musicians) to industry professionals in advertising, music, film, and television.

To insure a safe, unoffensive environment for all of our members, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you.
TERMS OF USE - (LAST UPDATED DECEMBER 10, 2005)


By accessing any areas of The Industry Resource, users ("Users") agree to be legally bound and to abide by the terms set forth below. We reserve the right to modify these Terms of Use at any time. Modifications will be posted in these Terms of Use, and a user's access of the site after such changes have been posted will constitute agreement to the modified Terms of Use and all of the changes. Users should read these Terms of Use each time they access, and prior to using, the site.
The Industry Resource is owned and operated by Tirium Inc. Any references herein to Tirium Inc. shall be deemed to refer to The Industry Resource, T.I.R., and/or theindustryresource.com, as applicable under the circumstances.

I. TRADEMARKS
theindustryresource.com, We're Listening..., T.I.R., Industry Roll Call, We're Listening Service, Industry Resource Consultants, and The Industry Reporter are all service marks of Tirium Inc. or its affiliates. All rights reserved. These and other theindustryresource.com graphics, logos, and service marks and trademarks of Tirium Inc. and its affiliates may not be used without prior written consent of Tirium Inc. or its affiliates, as the case may be. All other trademarks, product names, company names, images, and logos appearing on theindustryresource.com are the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of theindustryresource.com is at the User's sole risk. Neither theindustryresource.com, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant theindustryresource.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of theindustryresource.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through theindustryresource.com
THIS SITE IS PROVIDED BY THEINDUSTRYRESOURCE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEINDUSTRYRESOURCE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THEINDUSTRYRESOURCE.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEINDUSTRYRESOURCE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THEINDUSTRYRESOURCE.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall theindustryresource.com or any other party involved in creating, producing, or distributing theindustryresource.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use theindustryresource.com, including but not limited to reliance by a User on any information obtained from theindustryresource.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to theindustryresource.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through theindustryresource.com Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that theindustryresource.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and theindustryresource.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on theindustryresource.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither theindustryresource.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to theindustryresource.com. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted theindustryresource.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on theindustryresource.com retains any and all rights which may exist in such Content.
c. THIRD-PARTY CONTENT
theindustryresource.com is a distributor and not a publisher of Content supplied by third parties and Users. theindustryresource.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of theindustryresource.com, are those of the respective authors or distributors and not of theindustryresource.com or its affiliates or any of their officers, directors, employees, or agents. Neither theindustryresource.com nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of theindustryresource.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through theindustryresource.com represents the opinions and judgments of the respective Provider, or User not under contract with theindustryresource.com. theindustryresource.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on theindustryresource.com by anyone other than authorized theindustryresource.com employees. Under no circumstances shall theindustryresource.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage, or harm caused by a User's reliance on information obtained through theindustryresource.com . It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through theindustryresource.com.
d. EXPORT
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations-including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from theindustryresource.com to either a foreign national or a foreign destination in violation of such laws.

IV. FEES AND PAYMENTS
a. PAYMENT POLICY
The Industry Resource will charge users fees for access to T.I.R. Membership features. In order to use the membership features users will be required to register and create an account using T.I.R.'s online Registration Form. All registration information provided by users must be accurate and updated. If any user registration information changes, users can update it by editing their account profile. Users agree to pay all fees and charges, including applicable taxes, incurred through their account at the rates in effect for the billing period in which such fees and charges are incurred. The Industry Resource reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to users.
In order to set up an account with The Industry Resource users must provide PayPal with valid credit card information. By submitting such credit card information, users give The Industry Resource permission to charge users via PayPal, all fees incurred through their account to the credit card users designate on the Registration Form. All fees (other than renewal fees) will be charged at the time they are incurred.
Users' right to use the membership features is subject to any restrictions established by The Industry Resource or by users' credit card issuer. If payment cannot be charged to users' credit card or users' payment is returned for any reason, including charge back, The Industry Resource reserves the right to either suspend or terminate users' account.
b. NON-TRANSFERABILITY OF SUBSCRIPTION
Users' right to use theindustryresource.com is personal to users and users may not sub-license, transfer, sell, or assign this Agreement to any third party without our approval. Any attempt to do so will be void.
c. SUBSCRIPTION RENEWAL AND CANCELLATION
theindustryresource.com will automatically renew and charge users' account on or near the date on which users' subscription would otherwise expire, unless users give notice to theindustryresource.com of users' desire to cancel users' subscription. Notice of intent to cancel users' subscription must be given by "opting out" as a membership subscriber no less than 5 days prior to the end of users' current membership period. To do so, you will need to log in to your PayPal member account page and select "cancel membership subscription" (i.e., select "Yes, I would like to cancel my T.I.R. membership subscription"). If users cancel prior to users' renewal date, users will continue to have access to all T.I.R. members-only features for the remainder of the membership term users selected at sign-up. Once users' membership term has expired, users' access to T.I.R. members-only features will be terminated and all information users submitted will be removed (audio file uploads, image uploads, etc.) from our search functionality; users will not be billed for a membership renewal. theindustryresource.com will pay prorated refunds for annual subscriptions (no refunds for monthly subscriptions) cancelled prior to the renewal date, whether such cancellation is initiated by users or is initiated by theindustryresource.com in response to users' violation of the Terms of Use. theindustryresource.com will credit any request for refund within 60 days from the initial request. All credits (no partial credits will be given) will only be applied to the remaining full-month annual membership term. (Note: Annual memberships will be charged a $40 cancellation service fee.) By accepting these Terms of Use, users give permission to theindustryresource.com to automatically bill users' membership fee to users' credit card according to the terms (monthly or yearly) agreed to by user.

V. ONLINE CONDUCT
User agrees to use theindustryresource.com only for lawful purposes. User is prohibited from posting on or transmitting through theindustryresource.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If theindustryresource.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through song lyrics, an online review, or an Artist/Industry Professional Bio), theindustryresource.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from theindustryresource.com. theindustryresource.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate theindustryresource.com; or (iii) to protect the rights or property of theindustryresource.com, its Users, or Providers.
theindustryresource.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, theindustryresource.com, the communities that make up theindustryresource.com, or any rights of theindustryresource.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither theindustryresource.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither theindustryresource.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on theindustryresource.com.


VI. PRIVACY POLICY
In accordance with the terms of theindustryresource.com's Privacy Policy http://www.theindustryresource.com.com/privacy_policy.php, theindustryresource.com respects the privacy of its Users.

WARNING:
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on theindustryresource.com and that users may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about users. By using theindustryresource.com, users assume the risk of such occurrences.

VII. COPYRIGHT
In accordance with the Digital Millennium Copyright Act (Public Law 105-304),* theindustryresource.com has adopted the following policy toward copyright infringements:
theindustryresource.com will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our site. This policy shall cover all aspects of theindustryresource.com, including but not limited to artist reviews and community message boards.
*Digital Millennium Copyright Act can be viewed at http://lcweb.loc.gov/copyright/legislation/hr2281.pdf. To view this file, users will need to download the Adobe Acrobat Reader.

VIII. TERMINATION OF USAGE
theindustryresource.com may terminate User's access, or suspend any User's access to all or part of theindustryresource.com, without notice, for any conduct that theindustryresource.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or theindustryresource.com.

IX. USAGE BY CHILDREN UNDER 13
theindustryresource.com cannot prohibit minors from visiting this site. theindustryresource.com must rely on parents, guardians, and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
theindustryresource.com requires that all song uploads and purchases be made either (i) by individuals 13 years of age or older, or (ii) by minors under 13 through a theindustryresource.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME USERS PURCHASE A PRODUCT AT THEINDUSTRYRESOURCE.COM, USERS ARE REPRESENTING TO THEINDUSTRYRESOURCE.COM THAT USERS ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A THEINDUSTRYRESOURCE.COM AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

NOTE: THE INDUSTRY RESOURCE CANNOT ACCEPT REGISTRATIONS FROM CHILDREN UNDER THE AGE OF 13 DUE TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA). YOU CAN LEARN MORE ABOUT COPPA AT THE FEDERAL TRADE COMMISSION WEBSITE.

X. ADDITIONAL TERMS
theindustryresource.com contains other terms and conditions, which users agree to observe and follow.
a. EDITING, DELETING, AND MODIFICATION
We reserve the right (but not the obligation) in our sole discretion to monitor, edit, or delete any documents, activity, information, or other content appearing on theindustryresource.com. If users post content or submit material, and unless we indicate otherwise, users grant theindustryresource.com and its affiliates a royalty-free, non-exclusive worldwide right and license, but not the obligation, to post, display, exhibit, reproduce, mechanically reproduce, modify, adapt, translate, encode, print, distribute, transmit, retransmit, stream, archive, stream on-demand, make available digitally for download and publicly perform, broadcast, rebroadcast, and webcast through any use of Internet-based protocols, distribute in any media through any electronic, wireless, or broadband means, now known or hereafter devised, electronically publish and synchronize with visual images,  users' content, and other materials.
b. ELECTRONIC MAIL AND MESSAGEBOARDS
Users agree that we may disclose electronic mail or other postings as required by law or legal officials. USERS AGREE THAT ANY AND ALL ELECTRONIC MAIL AND OTHER POSTINGS SENT OR RECEIVED BY USERS ARE TO BE IN THE PUBLIC DOMAIN AND READILY ACCESSIBLE TO THE PUBLIC.
c. COMMERCE ON OUR WEBSITE
Users may have opportunities to order and purchase merchandise or services through the theindustryresource.com. All transactions relating to merchandise or services offered by any party other than theindustryresource.com are solely between the seller and users, and users acknowledge that theindustryresource.com and its subsidiaries and affiliates make no warranties or representations with regard to such merchandise and/or services.
d. LINKS
theindustryresource.com may contain links to other websites or resources. theindustryresource.com is not responsible for the content or operation of such other websites or resources, and shall have no liability in connection with them.
e. MISCELLANEOUS LEGAL PROVISIONS
By accessing theindustryresource.com, users agree that the laws of the State of California, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between users and theindustryresource.com or its affiliates. This Agreement is personal to users, and users may not assign users' rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

XI. APPLICABLE LAW
This site is created and controlled by theindustryresource.com in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. theindustryresource.com reserves the right to make changes to its site and these disclaimers, terms, and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through theindustryresource.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York Courts, and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.

XII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XIII. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between users and theindustryresource.com regarding users' relationship with theindustryresource.com and supersedes any prior statements or representations. USERS AGREE TO BE BOUND BY THE TERMS OF USE by using the theindustryresource.com website. The aforementioned Terms of Use are subject to change.
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