By accessing and/or using any of producerdesk.com Services, you ("User") agree to be bound by this Agreement. You are authorized to use the producerdesk.com Services only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement.
Your continued use of the producerdesk.com Services constitutes your agreement to be bound by and your acceptance of the terms and conditions posted at such time, and will be a new agreement between us applicable to such new use or transaction. It is therefore important that you review this Agreement (and any applicable Additional Terms) regularly. If you do not agree to be bound by this Agreement (or any applicable Other Terms or Additional Terms), you are not authorized to use the applicable producerdesk.com Services and should discontinue use.
Propelled By SAS ("we", "our" or "us") operates the producerdesk.com ("producerDesk", "ProducerDesk") Service. Propelled By SAS respects the intellectual property of others. We require that our Users do the same.
You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity.
producerdesk.com Users can signal infringing Content via the « signal this content as inappropriate » button (see
below). If 3 different Users signal a given Content as not appropriate, it is
The « signal this content as inappropriate » button
If you believe your work has been copied and posted on or through producerdesk.com in a way that constitutes copyright and/or trademark infringement, please notify us by email (axel at producerdesk.com).
Proprietary Rights in Content on producerdesk.com
We do not claim any ownership rights in the text, messages, files, images, photos, video, sounds, musical works, sound recordings, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the producerdesk.com Services. After posting your Content on, through or in connection with the producerdesk.com Services, you continue to retain any such rights that you may have in your Content, subject to the limited license granted herein. By posting any Content on, through or in connection with the producerdesk.com Services, you hereby grant to producerdesk.com a limited license to use, modify, delete from, add to, combine with other content, publicly perform, publicly display, reproduce, transmit, sell, distribute, and otherwise exploit such Content by all means and manners now or later known, including, without limitation, on, through or in connection with the producerdesk.com Services to third party applications; widgets; websites; or mobile, desktop or other services which are linked with your Account at your election (collectively, "Linked Services"), including, without limitation, distributing part or all of the producerdesk.com Services and any Content included therein, in any media formats and through any media channels. Content submitted by Users and authorized by the User to be distributed on Linked Services need not be maintained on the producerdesk.com Services by us for any period of time, and Users will not have the right, once submitted, to access, archive, maintain or otherwise use such Content on the producerdesk.com Services or elsewhere. The license you grant is perpetual; provided, however, that after you remove your Content from the producerdesk.com Services, we will make commercially reasonable efforts to remove such specific deleted Content from further distribution on the producerdesk.com Services, as soon as practicable but, please be aware that any distribution of your Content that may have occurred by you or other Users via Linked Services, or otherwise (e.g., posted on third party User's producerdesk.com, sent by you to other Users, contributed to a mashup of Content from multiple Users, etc.) may continue to be displayed, distributed and used. Further, deleted Content may persist in archival copies on producerdesk.com servers for a reasonable period of time. You understand and agree that once Content is distributed to a Linked Service, or incorporated into other aspects of the producerdesk.com Services (e.g., as part of a derivative work), producerdesk.com is under no obligation to delete or ask other Users or a Linked Service to delete that Content; therefore, it may continue to appear and be used indefinitely.
The license you grant to producerdesk.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to producerdesk.com), fully-paid and royalty-free (meaning that producerdesk.com is not required to pay you or anyone else deriving rights from you for the use by producerdesk.com of the Content that you post), sublicensable (so that producerdesk.com is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the producerdesk.com Services and to third party search engines), and worldwide (because the Internet and the producerdesk.com Services are global in reach). You also hereby grant to producerdesk.com, and agree to grant to producerdesk.com, the unconditional, perpetual, irrevocable, sublicensable, fully-paid and royalty free right to use, share and exploit your name, persona, and likeness, and your Profile information and information about your activities on the producerdesk.com Services (including, without limitation, your activities in connection with our sponsors and advertisers), without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Content. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted hereunder. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted here. If you are a minor, you represent and warrant that your parent or legal guardian has consented to you granting the rights as set forth here, or that are provided in any Additional Terms.
The producerdesk.com Services contain Content of Users ("User Content"). Except as otherwise provided within this Agreement, or in any Additional Terms, you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through the producerdesk.com Services.
This Agreement and any Additional Terms include only narrow, limited grants of rights to producerdesk.com Content and to use and access the producerdesk.com Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by producerdesk.com and its licensors and other third parties. Any goodwill that is created in connection with your use of producerdesk.com Content or the producerdesk.com Services inures to Propelled By. Any unauthorized use of any producerdesk.com Content or the producerdesk.com Services for any purpose is prohibited.
We limit use of the producerdesk.com Services to Content and activities that are appropriate, in our discretion, to our venue. The following are examples, without limitation, of the kind of Content or activities that are illegal, or prohibited to post on, through or in connection with the producerdesk.com Services ("Prohibited Content"). producerdesk.com reserves the right to investigate and take appropriate action (which may include taking legal action) against anyone who, in producerdesk.com's sole discretion, violates this provision, including, without limitation, removing the offending Content from the producerdesk.com Services, terminating the Usership of such violators and/or reporting such Content or activities to law enforcement authorities.
Prohibited Content includes, but is not limited to, Content that, in the sole discretion of producerdesk.com:
is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or links to an adult website;
solicits or is designed to solicit personal information from anyone under age 13;
solicits or is designed to solicit an inappropriate or unlawful relationship with another User;
publicly posts information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person's contact information on the producerdesk.com Services without authorization);
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video or links to pirated music or video files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers,promotes or depicts any illegal or criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
depicts firearms or other weapons that is not related to sportsman activities;
solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities (beyond the limited ability of Artists to promote themselves as specifically provided herein) and/or sales without prior written consent from producerdesk.com such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person's consent;
uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
Prohibited Content, including unauthorized commercial advertisements, endorsements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from producerdesk.com without notice or explanation.
The following are examples of the kind of activity that is illegal or prohibited on the producerdesk.com Website and through your use of the producerdesk.com Services ("Prohibited Activity"). Prohibited Activity on, through, or in connection with the producerdesk.com Services includes, but is not limited to:
criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the producerdesk.com Services (excluding use of the producerdesk.com Services by Artists to create producerdesk.com and post Content that promote the Artist's professional endeavors consistent with the terms and conditions of this Agreement). You may not transmit any chain letters, junk email or unsolicited commercial or inappropriate Messages to other Users. In order to protect our Users from such advertising or solicitation, producerdesk.com reserves the right to restrict the number of Messages which a User may send to other Users in any 24-hour period to a number which producerdesk.com deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk Messages or other unauthorized commercial communications of any kind through the producerdesk.com Services, you acknowledge that you will have caused substantial harm to producerdesk.com, but that the amount of such harm would be extremely difficult to ascertain. To the maximum extent permitted by applicable law, as a reasonable estimation of such harm, you agree to pay producerdesk.com Fifty Dollars ($50) for each actual or intended recipient of such unsolicited Message or other unauthorized commercial communication you send through the producerdesk.com Services;
unless permitted by law, circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the producerdesk.com Services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
except as may be permitted by Additional Terms or our intended use of functionality made available by us to you on the producerdesk.com Services, modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the producerdesk.com Services (other than your Content which you legally post on, through or in connection with the producerdesk.com Services) or as may be the result of standard search engine activity or use of a standard Internet browser;
providing or using "tracking" or monitoring functionality in connection with the producerdesk.com Services, including, without limitation, to identify other Users' views, actions or other activities on the producerdesk.com Services;
covering or obscuring the advertisements and/or safety features (e.g., reporting functionality) on your Profile, or any portion of any producerdesk.com Services or Content on the producerdesk.com Services via HTML/CSS or any other means;
any automated use of the producerdesk.com Services, including but not limited to, using scripts or other code to connect to producerdesk.com, send comments, or perform any other activity on the producerdesk.com Services;
interfering with, disrupting, or creating an undue burden on the producerdesk.com Services or the networks or services connected to the producerdesk.com Services;
impersonating or attempting to impersonate producerdesk.com or a producerdesk.com employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing), excepting the permitted use of Non-Standard producerdesk.com as set;
for band, comedy, filmmaker and other producerdesk.com containing a producerdesk.com player, copying the code for your producerdesk.com Player and embedding it (or directing others to embed it), hosting or posting it anywhere other than in your Profile (except as where may be permitted through Additional Terms);
using the Account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your Account;
selling or otherwise transferring your Profile, username, vanity URL (which all belong to producerdesk.com and is licensed to you pursuant to the license set forth here);
using or distributing any information obtained from the producerdesk.com Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
the unauthorized collection of usernames, user id numbers or similar designation, email addresses or other personal information of Users by electronic or other means, or employing third party promotional sites or software to promote producerdesk.com for money;
displaying an unauthorized commercial advertisement on your Profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the producerdesk.com Services on behalf of that person, such as placing commercial content on your Profile; links to e-commerce sites not authorized by producerdesk.com; posting comments with a commercial purpose; selecting a Profile with a commercial purpose as one of your top connections; or sending Messages with a commercial purpose (excluding use of the producerdesk.com Services by artists to create producerdesk.com and post Content that promote the artist's professional endeavors consistent with the terms and conditions of this Agreement);
using invalid or forged headers to disguise the origin of any Content transmitted to or through producerdesk.com's computer systems, or otherwise misrepresenting yourself or the source of any Message or Content;
using any automated system, including, but not limited to, robot, both rover, spider, scraper, crawler, spyware, scripts, engine, device, software, extraction tool in order to monitor, harvest, copy or distribute (except as may be a result of standard search engine activity or use of a standard Internet browser) Content, Messages, email addresses or other personal information of Users, or other data from the producerdesk.com Services for the purposes of sending unsolicited or unauthorized material, selling to data aggregators or similar entities, or revealing personal information publicly;
engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent;
the unauthorized posting of any private information of any person;
offering to sell, barter or trade, or selling, bartering or trading for your vote in any aspect of the producerdesk.com Services that provides a voting functionality;
modifying, adapting, translating, altering, reverse engineering, copying, decompiling, reverse assembling, disassembling, unencrypting, unhashing, or creating derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from any portion of the producerdesk.com Services or the data or technology underlying their operation; or
using the producerdesk.com Services in a manner inconsistent with this Agreement or Applicable Law.