Acceptable Use Policy

AmericasFavoriteSinger.com
WEB SITE

ACCEPTABLE USE POLICY and TERMS AND CONDITIONS

NOTE: USE OF THE SITE DOES NOT AUTOMATICALLY REGISTER YOU IN THE BEST SINGER IN AMERICA VOICE SEARCH. YOU MUST REGISTER SEPARATELY IN ACCORDANCE WITH THE INSTRUCTIONS.

IF YOU ARE UNDER 18 YEARS OLD, YOU MUST HAVE YOUR PARENT OR GUARDIAN'S APPROVAL TO USE THE SITE.

1. ACCEPTANCE OF TERMS

As a condition to your accessing this Web site, located at http://www.AmericasFavoriteSinger.com, (hereinafter the" Site"), you agree to the terms and conditions of this Acceptable Use Policy (the "Policy"). If you do not agree with this Policy, you do not have permission to use the Site.

This Site is owned and operated by and for AmericasFavoriteSinger.com, a Texas company ("Premiere Media Group Inc"). "You" are the person or entity using the Site, and includes the parents/guardians of any person accessing the Site. "AmericasFavoriteSinger.com" includes AmericasFavoriteSinger.com, BestSingerInAmerica.com, BestSingerInTexas.com, BestSingerInCanada.com and its parents, subsidiaries, affiliates, principals, employees, contractors and business partners.

AmericasFavoriteSinger.com may change the terms of this Policy at any time. Notification of changes will be posted on the Site, and you are encouraged to check the current Policy each time you use the Site. Your continued use of this Site means you agree to the terms of the most current version of this Policy, as amended from time-to-time.

If you are a registered subscriber to the Site and have entered into the AmericasFavoriteSinger.com Online Subscription Agreement (the "Subscription Agreement"), you understand and agree that the terms of this Policy also apply to the Subscription Agreement. A violation of the Subscription Agreement is a breach of this Policy, and vice versa.

To view our Privacy Policy, click here.

2. LIMITED ACCESS TO THE SITE.

Certain areas of the Site are generally accessible to the public. You may access the restricted portions of the Site only if you have properly registered through the Subscription Agreement.

The Site is for personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved by AmericasFavoriteSinger.com. AmericasFavoriteSinger.com reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in this Policy.

3. LIMITATIONS OF MATERIALS

You understand that all Materials posted on or transmitted through the Site by you or any other party on your behalf are the sole responsibility of the person from whom the Materials originated. "Materials" means all text, data, photos, audio, images, video, messages, feedback, suggestions and other materials of any nature. AmericasFavoriteSinger.com is not responsible for the Materials available on or transmitted through the Site.

This Site does not provide individualized counseling or consulting services. This Site solely provides generally applicable information about the changing styles and demands dictated by the music industry and retailers; services, products, advertising, newsletters and other information provided from time-to-time; as well as forums to communicate with each other (all of the foregoing, collectively the "AmericasFavoriteSinger.com Materials").

AmericasFavoriteSinger.com is not: (i) acting as your agent, model manager, counselor or advisor; (ii) a party to any communications between you and other parties, whether or not conducted on or off Site; (iii) responsible for the reliability or accuracy of information or services provided by other parties accessible on or through the Site.

4. COPYRIGHT AND TRADEMARKS.

The AmericasFavoriteSinger.com Materials, which include software, code and scripts are the sole property of AmericasFavoriteSinger.com, or its licensors, and are protected by copyright, trademark, patent, trade secret and other intellectual property rights. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any AmericasFavoriteSinger.com Materials available on or through this Site. All right, title and interest in the trade dress, selection, coordination, arrangement and enhancement of the Site, including the Materials, are exclusively reserved to AmericasFavoriteSinger.com or its licensors. Permission is granted to electronically copy and print hard copies of pages from the Site solely for personal non-commercial purposes, and any such copies must bear the copyright notice included on the applicable Web page.

You may not use the trademarks or trade names related to the Site for any purpose without prior written permission of AmericasFavoriteSinger.com, including, but not limited to, use as metatags in other Web site pages.

If you believe your works have been copied and made accessible on this Site in any way that constitutes an infringement of copyright or other intellectual property rights, please promptly contact AmericasFavoriteSinger.com.

5. submitting SUBSCRIBER materials

To view our Privacy Policy, click here.

You represent and warrant that all Materials submitted by you to the Site are true and accurate, and do not infringe upon any third party rights, such as copyright, trademark, publicity or privacy rights.

Your use of chat rooms, bulletin boards, interactive forums and similar areas available through the Site are subject to this Policy. Whenever you submit Materials in any form to the Site or to AmericasFavoriteSinger.com, you hereby grant to AmericasFavoriteSinger.com a worldwide, royalty-free, perpetual and irrevocable right and license to use, reproduce, distribute, transfer, modify, publish, translate, or create derivative works from any such items in any form, media or technology now known or later developed. By submitting Materials, you irrevocably waive, and hereby agree to transfer and assign to AmericasFavoriteSinger.com, any and all copyrights, "moral rights" or any other rights you may claim therein, in any form and media.

6. RESTRICTIONS ON USE OF THE SITE

You promise you will not, nor will you permit others under your control (including any minors) to, violate any terms or conditions of this Policy, or otherwise do any of the following:

a. use this Site in any manner that violates any laws, rules or regulations (collectively "Laws");

b. tamper or interfere with the operation of the Site in any manner, or otherwise breach or attempt to breach the security of the software, network, servers, data or computers relating to the Site or any affiliate of the Site, or otherwise compromise the privacy of any Subscriber's data;

c. engage in spamming, mailbombing, spoofing or any other similar fraudulent, illegal or unauthorized activities;

d. publish or make available through the Site any Materials that could violate the rights of any party or violate any Laws, including, without limitation Materials that are indecent, obscene, libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable in the discretion of AmericasFavoriteSinger.com,

e. solicit funds, advertise commercial products or services, or promote giveaways, contests or prizes without AmericasFavoriteSinger.com's prior written consent; or

f. engage in activities that we reasonably determine to be harmful to the operations or goodwill of AmericasFavoriteSinger.com.

7. International Use

AmericasFavoriteSinger.com makes no representations that the Site is appropriate, legal or available for use from locations outside the United States and Canada. If you choose to access this Site from outside the U.S. or Canada, you do so at your own risk and you are responsible to comply with all applicable laws, rules and regulations.

8. MONITORING OF SITE CONTENT

You understand and agree that as a condition to permitting you to access and use the Site, AmericasFavoriteSinger.com reserves the right in its sole discretion, but assumes no obligation, to monitor, filter, restrict, block or remove any Materials supplied, posted or otherwise made available on or through any part of the Site, based on any business purpose, including, without limitation, for purposes of complying with applicable Laws or enforcing this Policy in the event of a suspected violation.

9. RIGHTS TO SUSPEND OR TERMINATE SITE ACCESS

In order to enforce this Policy, such as in the event of any breach or suspected breach of this Policy or the Subscription Agreement, AmericasFavoriteSinger.com may suspend and/or terminate without notice your access to the Site. Furthermore, recognizing that damages alone may be insufficient to protect and compensate AmericasFavoriteSinger.com for your breach or threatened breach, you understand and agree that AmericasFavoriteSinger.com is entitled to seek and receive preliminary and permanent injunctive relief (without posting bond) and other equitable and legal remedies against you for the enforcement of this Policy.

10. LINKS TO OTHER SITES

This Site may contain links that allow you access other Web sites. AmericasFavoriteSinger.com is not responsible for the availability of these other Web sites. AmericasFavoriteSinger.com does not endorse and assumes no liability for the Materials, advertising, products, services or other information made available through such other Web sites.

11. LINKS FROM OTHER SITES

AmericasFavoriteSinger.com prohibits unauthorized "deep-linking" to this Site and the framing of any Materials contained on this Site. AmericasFavoriteSinger.com has no responsibility or liability for any material on other Web sites that may contain links to this Site.

12. NO WARRANTIES

THE SITE AND SERVICES PROVIDED BY AmericasFavoriteSinger.com, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, SOFTWARE, CODE, SCRIPTS, DATABASES AND INTERACTIVE FORUMS AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED "AS IS" AND “AS AVAILABLE.” AmericasFavoriteSinger.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. AmericasFavoriteSinger.com DOES not warrant that the site or services will be uninterrupted or error-free. access to the Site may be unavailable at any time due to Internet-related, HOSTING, telecommunications OR OTHER problems.

13. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL AmericasFavoriteSinger.com BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF INFORMATION, MATERIALS OR DATA) EVEN IF AmericasFavoriteSinger.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITIES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. IN ANY EVENT, THE AGGREGATE LIABILITY OF AmericasFavoriteSinger.com FOR ALL CLAIMS ARISING FROM ACCESS OR USE OF THE SITE SHALL NOT EXCEED THE LESSER OF YOUR SUBSCRIPTION FEES PAID TO AmericasFavoriteSinger.com THROUGH THE DATE OF TERMINATION OR $100. CERTAIN STATES MAY LIMIT OR RESTRICT THE APPLICATION OF THESE LIMITATIONS.

14. SECURITY

AmericasFavoriteSinger.com uses commercially reasonable efforts to protect the security of the Site and the hosting and transmission of your Materials on or through the Site. For example, when you submit information through the Subscription Agreement form, we use SSL to encrypt your information in transit. We also require our financial processors to agree to protect your confidential data.

However, AmericasFavoriteSinger.com cannot guaranty that your Materials will be entirely secure from unauthorized access and viewing. Furthermore, the security of information transmitted through the Internet can never be guaranteed. AmericasFavoriteSinger.com is not responsible for any interception or interruption of any communications through the Internet or Site.

15. PRIVACY

Your privacy is important to AmericasFavoriteSinger.com. Please read the PRIVACY POLICY, which describes how we collect, use, share and protect information you provide to us.

16. GENERAL PROVISIONS

a. JURISDICTION/GOVERNING LAW. You understand that you are purposely entering into this binding Policy and accessing this Site of AmericasFavoriteSinger.com, which business maintains a presence in the State of Florida; therefore, you agree that your use of the Site and this Policy shall be governed and construed solely in accordance with the laws of the State of Florida, USA, and applicable federal laws and regulations, without regard to conflicts of law principals. Without limiting the arbitration provisions in Section 16(b), you understand and agree that all proceedings relating to this Site and the subject matter contained herein shall be maintained exclusively in the state or federal courts in and for Miami-Dade County, Florida. As a condition to your use of this Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without any form of class action, and you and AmericasFavoriteSinger.com hereby waiver any rights to trial by jury.

b. ARBITRATION. Any controversy or claim (other than AmericasFavoriteSinger.com's rights to injunctive relief under Section 9 above), arising out or relating to this Site and/or Acceptable Use Policy shall be resolved exclusively by arbitration conducted in Miami-Dade County, Florida. The arbitrator will be bound by applicable law and the express provisions of this Policy and by the rules and procedures of the American Arbitration Association. The arbitrator’s awards and decisions shall be final and binding upon the parties, and any decision rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.

c. ATTORNEYS FEES. The prevailing party in any action to interpret or enforce this Policy shall be entitled to reasonable attorney's fees and costs.

d. NO WAIVER; SEVERABILITY. Any failure by AmericasFavoriteSinger.com to enforce any of its rights under this Policy or applicable laws shall not constitute a waiver of such rights. If any provision of this Policy shall be deemed unlawful or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions hereunder.

e. AGREEMENT TO DEAL ELECTRONICALLY. You agree that all of your transactions with AmericasFavoriteSinger.com be conducted electronically. If you want to stop entering into transactions electronically, you must notify AmericasFavoriteSinger.com in writing. AmericasFavoriteSinger.com may keep records of any type of communication conducted via the Site. You may receive written copies of records by contacting us at the address below. You agree that all properly addressed electronic communications and records sent to your e-mail address during your use of the Site are deemed delivered to and received by you.

f. ENTIRE AGREEMENT. This Policy, and any Subscription Agreement and subsequent related transactions you have properly entered into, constitutes the entire agreement between you and AmericasFavoriteSinger.com with respect to your access to and use of the Site and services. All provisions herein that naturally survive shall survive termination of your use of the Site.

17. AmericasFavoriteSinger.com CONTACT INFORMATION