Beammob Terms of Use
Effective Date: January 23, 2020
Welcome to the introductory paragraph to our Terms of Use! We recognize that the following document equivalent to 200 milligrams of Imovane , but it really and truly is required that you read and agree to it before using Beammob. We've done our best to make it concise and easy to read. Still, what follows is pretty involved, so we thought we'd start by answering the top three things a visitor to this page might be wondering:
For artists or creators:
For users:
OK, more technical information on to the legally binding portion!
Please read these Terms of Use (‘Agreement’ or ‘Terms of Use’) carefully before using the services offered by Beammob LLC(‘Company,’ ‘we,’ ‘us,’ or ‘our’). This agreement sets forth the legally binding terms and conditions for your use of the Website at www.beammob.com (the ‘Site’) and the service owned and operated by company, including any mobile software applications offered or published by Company (collectively with the Site, the ‘Service’). By using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by these Terms of Use. These Terms of Use apply to all users of the Site or Service, including users who are also contributors of content, information, and other materials or services on the Site.
Acceptance of Terms.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the ‘Terms of Use’), which Terms of Use also incorporate the Privacy Policy available at www.beammob.com/privacy, the Copyright Policy available at www.beammob.com/copyrights, and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference into these Terms of Use and each of which may be updated by Company from time to time without prior notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
If you are using or opening an account on behalf of a company, entity or organization (including, but not limited to, a recording label) (or an ‘Artist Entity’), then you represent and warrant that you: (i) are an authorized representative of that Artist Entity and any recording artists represented by such Artist Entity (a ‘Represented Artist’) with the authority to bind such Artist Entity or Represented Artist to these Terms of Use and (ii) agree to be bound by these Terms of Use on behalf of such Artist Entity and/or Represented Artist.
The Service is available only to individuals who are at least 16 years old. You represent and warrant that if you are an individual, then you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms of Use.
Company reserves the right, at its sole discretion, to modify or replace any of the terms in these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an e-mail. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Notwithstanding the preceding sentences of this section, no modifications to these Terms of Use will apply to any dispute between you and Company that arose prior to the date of such modification.
Rules and Conduct.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. The Service (including, without limitation, any Content) is provided only for your own personal, non-commercial use (except with respect to individual recording artists, collections of recording artists, Artist Entities or Represented Artists (each, an ‘Artist’) selling Music, Merchandise or other Content (each as defined below) as authorized through the Service). You are responsible for all of your activity in connection with the Service. For purposes of these Terms of Use, the term ‘Content’ includes, without limitation, any User (including Arttist and Creators) Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:
Anyone who uses this site is any way is considered a user even if referred to as artist or creator, thus agrees to abide by the rules of users, artist, and creators. An artist or creator is simply a user with the ability to upload a wider range of content which therefore requires addition rules. By accessing this website for any purpose you agree to the these terms
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or 'spam' on the Service; or (v) use manual or automated software, devices, or other processes to ‘crawl’ or ‘spider’ any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.
Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.
You may not bring nor encourage a claim against Company nor it’s owners for suspending or terminating your and/or another person’s account, and you agree that you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees, costs and related expenses.
User Personal Information – Users.
As a condition to using certain features of the Service (including, without limitation, the free download feature, or making a purchase from Company or an Artist), you may be required to provide certain personal information to Company or relevant Artists, such as your e-mail address, country of residence and zip/postal code (‘User Information’).
You may register with the Company as a user and create a user account (‘User Account’), which will allow you to access certain features of the Service that are only available through User/User Accounts, a user profile page that lists your history of purchases of Music along with information that you choose to share about yourself, and the ability to follow other users or Artists . Following an Artist or subscribing to an Artist (an ‘subscribing’) gives that Artist access to your email address, as does making a purchase from an Artist while logged in to your User Account. Your, history of purchases of Music, and any information you provide for your profile page will be available to other users of the Service by default, subject to our Privacy Policy.
As a condition to each such Artist’s right to receive such User Information, Company requires each Artist to agree to the terms set forth in the next section of this Agreement. However, you acknowledge that Company has no control over the use of the User Information by the Artists, and you further acknowledge and agree that Beammob shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Artists’ use of such User Information.
User Personal Information - Artists.
In connection with certain features of the Service, which may include requiring that user provide you with their e-mail addresses and other personal information in order to access the free download option, you may collect certain types of User Information. As a condition to receiving such User Information, you acknowledge and agree that you will not disclose, rent, or sell any User Information to any third party, and you will use the User/ Fan Information only in connection with the Artist’s mailing list or Artist Subscription, in order to provide users with general information and news about the Artist, such as upcoming shows, new Music or other Content delivered in connection with your Artist Subscription. You further agree that any e-mail or other communication sent to the User’s mailing list or sent in connection with the Artist Subscription will comply with e-mail marketing laws and include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning ‘opt-out’ mechanism). You will promptly implement a recipient’s request to opt-out of receiving e-mails from you and will not send any further e-mails to such opting-out recipient.
Registration.
You may browse the Site and view some Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and screen name (‘User ID’). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s expressed permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Fees and Payments – General
Beammob facilitates payments for purchases of Content including digital Content made available via download and streaming through the Service (‘Digital Content’), physical merchandise (‘Merchandise’) and Artist Subscriptions. Each such purchase is a ‘Transaction,’ each Transaction involving Digital Content is a ‘Digital Transaction,’ and each Transaction involving Merchandise is a ‘Merchandise Transaction.’ Transactions may be made using Standard Payments or Enhanced Payments at Company discretion.
Beammob has the right to cash out and send you the total amount of your point balance without prior notice.
Diamonds/Points Agreement – General
By purchasing diamonds/points on the Beammob.com you agree to be legally bound by Beammob’s terms, policy and agreements. Be aware that 20% of all diamonds/points purchased on the Beammob.com platform goes Beammob for processing and maintenance of the platform. This does not include Paypal, Stripe, or Authorize.net purchasing fees. Example: $2 goes to Beammob if you purchase a $10 point package.
As an Artist or User you acknowledge that uploading duplicate content or creating duplicate accounts may result in your accounts being closed as well as any non-cashedout earnings forfeited. In the event that our payment processors (ei. PayPal, Stripe) suspect fraudulent activity and freezes our account your funds may be held until all suspected issues are cleared up and normal processing is reinstated.
Fees and Payments – Users.
You may purchase products and/or services from an Artist through the Site, including, without limitation, purchases of Content including Digital Content, Merchandise, and Artist Subscriptions. Users may not offer or accept payments using any method other than placing an order through Beammob.com
For security concerns, Beammob may temporarily disable a user and or artist ability to withdraw revenue (cashout) to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by users, artists, or associating multiple beammob accounts to a single withdrawal provider.
All sales of Digital Content are final (except where prohibited by law), unless otherwise determined by Beammob. If you do not receive the Digital Content or otherwise have an issue with the Digital Content delivered, please contact Beammob with your request and proof of payment, and we will notify the relevant Artist and work with them to resolve your issue. At Beammob’s sole discretion, you may be credited or refunded for the Digital Content. However, you understand and agree that Beammob is a platform that Artists use to sell their products, and the Digital Content is derived from files provided by the relevant Artist, and the relevant Artist is solely responsible for such files.
Your total price for Digital Content will include the price of the product plus any applicable sales tax; such sales tax is based on your location and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states or countries where digital goods are taxable.
Artists and Users are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Artists and Users represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Artist page or on the Diamonds/Points order page is inclusive of all such taxes.
Artists are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their products.
Beammob is a direct to consumer digital music marketplace and does not partake in royalty calculations nor payments. You acknlowleged that any works, inlcuding derivative works created by Beammob is fully owned by Beammob. This may included but is not limited to, technology, drawings and music composition.
If you purchase a subscription, your payment for such subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period.
Content you purchase in a Transaction cannot be guaranteed to be available to you perpetually. For example, if we receive a notification of claimed infringement from a copyright owner or its agent with respect to specific Content, then U.S. law may require us to remove that Content from the Service and not make it available for future sale and we may also have to deny continued access to anyone who previously purchased such Content. This means that you may lose access to purchased Content previously available to you through the Service.
If we are required by law to deny access through the Service to previously purchased Content, including by removing access to Content from a user’s personal collection through any mobile application, then Company and Artists will not provide the user who purchased that Content with a refund, except as required by applicable law. Users bear all risk from the denial of access to any Content purchased through the Service.
Because there is a possibility that we may be required to deny you access to previously purchased Content, we encourage you to promptly download any Content you purchase through the Site to your own devices so that you will retain control and possession of such Content even if we are required to remove the Content from the Service.
You warrant that if you enter into a Transaction, then you shall be able to make full and immediate payment for the requested products or services.
Fees and Payments – Artists.
You will set the prices for your products and services, except the ‘profile owner’, ‘owner’, ‘biggest fan’ (same meaning)-- product, that are charged through transactions (the ‘Prices’) through the site. Notwithstanding the preceding sentence, Beammob may redistribute previously purchased copies of your products to users who have, in Beammob’s sole determination, received a corrupted copy of your product, an incorrect file format version of your product, an incomplete copy of your product, or suffered a loss of your product through hard drive failure, damage, theft or destruction, on a no-fee basis to the user (i.e., the user is not charged a new fee for the redistribution). Such redistribution may be effectuated by allowing a user to re-download a replacement copy themselves. A user that has a User Account will also be permitted to re-download any previously purchased Content from an Artist. In the event of any of the foregoing redistributions, no additional payments shall be made to you for such redistributions.
Owner.
Owning an Artist, referred to as ‘owner’ on a artist’s profile, - Also known as ‘Profile Owner’, ‘Biggest Fan,’ ‘Number 1 Fan,’ Artist Owner, is a term that refers to purchasing non-exclusive access to all of an Artist’s content uploaded by the Artist on the Beammob platform. The term ‘owner’ doesn’t imply any claims to an Artist’s copyrights nor trademarks and doesn’t include content that the artist is featured on, collaborations, nor content uploaded to a separate Artist account.
‘Owner’, ‘Profile Owner’, ‘Biggest Fan,’ ‘Number 1 Fan,’ Artist Owner Being listed as an owner on an artist's or creators profile is referred as 'Owner'. This delegation awards the user non-exclusive temporary access to all of the artist's or Creator's content that has been uploaded to the Company website. A user can be removed from this delegation for reasons not limited to other users purchusing the same artist profile for a higher value or at the Company's discretion. Artist agrees to grant Beammob and it's owners the right to determine the price of the ‘Owner’ and allows appointed user to have access to all content uploaded to the Company website for as long your content exists on the Company Website. Artist agrees that ‘Owners’ (profile owners) may be selected and delegated at the sole discression of Company without prior purchase or notice.
Company shares the revenue you receive from Transactions, which shall be calculated on your gross revenue from Transactions, not including any Transactions for which you or we provide a refund, in accordance with the rate schedule set forth at www.Beammob.com/pricing. You shall be solely responsible and liable for, and Company shall have no responsibility or liability for, any Stripe fees (except for fees charged on Company’s Stripe account), PayPal fees (except for fees charged on Company’s PayPal account), credit card transaction fees (together, ‘Fees’), bad debts (such as credit card returns or fraud), disputed payments, and refunds, except as provided in this Agreement. Payments to your PayPal account may reflect a different amount based on PayPal fees and foreign exchange rates. Any Refund granted will be done so excluding beammob and third party fees.
Beammob may retain funds otherwise payable to you if Beammob is required or chooses to provide a refund on your behalf.
Payments for your products are made in diamonds/points. Diamonds/Points received from users shall be directed to you.
When you receive a diamonds/points for Digital Content you are liable to Beammob for the full amount of the diamonds/points sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees if there is a chargeback, a dispute, or if there is a reversal of the payment. You agree to allow Beammob to recover any amounts due to Beammob by debiting your account or withholding any Artist Payout or Subscription Fee. If there are insufficient funds to cover your liability, you agree to reimburse Beammob through other means.
Company retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Company, and to correct any inaccurate listing or technical problems on the Site. Company may immediately halt the offering or sale of any goods or services upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent with respect to any goods or services.
Additional Fees.
In addition to the fees set forth above, Company reserves the right to require payment of fees for certain additional features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by e-mail or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Third Party Site.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Content and License.
You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. However users are allowed to play audio on the Company website, using the website's audioplayer in places of business, during events, gatherings, venues and for personal use.
Company retains the right to use all uploaded works for Company marketing and promotion purposes. Any artwork that is made by Company including items made from the images of users and/or artists is the solely owned by Company and may not be duplicated without the explicit written consent from Company. By uploading your content to any ‘free to download’ site prior to uploading to Company you therefore hold Company free from penalty and also grant Company the same rights granted to the ‘free to download’ sites.
Artist/User agree that any content uploaded to the company grants the company and it’s users the right to stream the uploaded content freely through the company website/app with out penalty or copyright claim to the users owners or company. In the event that the content is purchased and downloaded via the company website/app, the company will be regarded as a transactional aid only. Therefore any copyright claims must be directed to the purchaser in such an event. Artist can remove their content from the company website at anytime. The company reserves the right remove any content at anytime without notice or explanation to any party.
Intellectual Property Rights – Artists.
The Service provides Artists with the ability to upload Digital Content owned or controlled by such Artists to the Site, including but not limited to sound recordings (‘Sound Recordings’), videos synchronized with Sound Recordings and other audiovisual works (collectively, ‘Music Videos’), and the musical works embodied within Sound Recordings and Music Videos (‘Musical Works’ and, collectively with Sound Recordings and Music Videos, the Artist’s ‘Music’). Company will not have any ownership rights in any elements of an Artist’s Music, however, Company needs the following license to perform the Service. Each artist uploading or sending music and/or content to the Service, platform, website, website owners, employees, affiliates or partners grants Company and its authorized sublicensees and distributors, if any, theworldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, price, distribute, recreate, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivate works of, communicate to the public, synchronize and otherwise exploit (collectively, ‘Exploit’) (1) the Artist’s Music and or Content and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Music on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist’s Music) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text (‘Artworks’) in connection with the Service); (ii) allow users of the Service to receive public performances and public displays of the Artist’s Music and Artworks and to reproduce the Artist’s Music and Artworks on any and all devices owned or controlled by the user for personal, non-commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service. However users are allowed to play audio on the Company website, using the website's audio player in places of business, during events, gatherings, venues and for personal use.
To enable Company to Exploit your Music pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the ‘Trademarks’) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.
By uploading or sending in any Music or Content to the Site :
If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting company the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.
Intellectual Property Rights - Users.
The Service provides users with the ability to add, create, upload, submit, distribute or post (‘Submitting’ or ‘Submission’) content, videos (including Music Videos), audio clips (including Music), written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the ‘User Submissions’). By Submitting User Submissions on the Site or otherwise through the Service, you:
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Termination.
Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership, including, without limitation, any access to any Music you may have purchased through the Service. If you wish to terminate your account, then you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable, except as provided in this Agreement. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
The Service is provided ‘as is’ and ‘as available’ and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Company, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Indemnification.
You shall defend, indemnify, and hold harmless Company and its affiliates, authorized sublicensees and distributors, and each of their employees, contractors, directors, suppliers and representatives, from any and all liabilities, claims, and expenses, including reasonable attorneys' fees and court costs, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity, and for breach of any of your representations and warranties in these Terms of Use. For the avoidance of doubt, you hereby agree to defend, indemnify, and hold harmless Company from any and all claims by a third party owning, controlling or claiming any right in or to your Music, including claims for performance royalties, synchronization royalties, mechanical royalties, and use or re-use fees. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses at your sole expense.
Limitation of Liability.
In no event shall Company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, malware, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages. It is the responsibility of all users/artists to check for malware or virues before opening content downloaded from/through the Company website.
Because Company is not the buyer or seller in any Merchandise Transaction, if a dispute arises between one or more participants in a Merchandise Transaction, then you release Company (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, then you waive California civil code §1542, which says: ‘a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.’ You, being aware of said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this Agreement, and that without such waiver, this Agreement would not have been entered into by Company.
Because Company is not the buyer or seller in any actual Merchandise Transaction between Artists and users and is not the agent of either for any purpose, Company does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Merchandise Transaction. Artists are individually responsible for compliance with all consumer rights laws applicable to their Merchandise Transactions, including EU Consumer Rights Laws.
International/Non Saint Croix U.S. Virgin Island Use.
Company makes no representation that the Content is appropriate or available for use in locations outside of U.S. Virgin Islands, and accessing the Service is prohibited from territories where such content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Dispute Resolution.
Users and Artists agree to take any complaints the company to arbitration.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and construed in accordance with the laws of the U.S. Virgin Islands excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Saint Croix U.S. Virgin Islands, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (‘JAMS’) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the U.S. Territory courts located in Saint Croix U.S. Virgin Islands. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
Integration and Severability.
These Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous.
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including ‘line-noise’ interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. The captions and headings in this Agreement are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of this Agreement, or of any provision of this Agreement, nor in any way affect the interpretation of this Agreement.
Contact.
You may contact Company via email or designated social media accounts.