Terms & Conditions of Use
All text, graphics, user interfaces, visual interfaces, photographs, videos, live streams, files, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Platforms/Sites are owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Your Use of the Platforms/Sites
You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platforms/Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platforms/Sites or any Content, to obtain or attempt to obtain any materials, files, documents or information through any means not purposely made available through the Platforms/Sites. Company reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Platforms/Sites, or any other systems or networks connected to the Platforms/Sites or to any Company server, or to any of the services offered on or through the Platforms/Sites, by hacking, password mining or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Platforms/Sites or any network connected to the Platforms/Sites, nor breach the security or authentication measures on the Platforms/Sites or any network connected to the Platforms/Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platforms/Sites, or any other customer of Company, including any Company account not owned by you, to its source, or exploit the Platforms/Sites or any service or information made available or offered by or through the Platforms/Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platforms/Sites.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platforms/Sites or Company's systems or networks, or any systems or networks connected to the Platforms/Sites or to the Company.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platforms/Sites or any transaction being conducted on the Platforms/Sites, or with any other person's use of the Platforms/Sites.
You acknowledge that you could receive or be exposed to content that you individually deem offensive, or to be counter to your individual philosophy, ideology, or religion. If so, you agree that your sole recourse is to discontinue viewing or listening to the content, or discontinue using the Platforms/Sites, and immediately remove the content and Platforms/Sites from your devices. You agree that you will not join or become a party in any class action involving Company, its subsidiaries, officers, affiliates, or partners, as a member of a group, class or absent party, or as a plaintiff yourself, and you acknowledge that your sole recourse to redress a wrong is to discontinue using the Platforms/Sites and immediately remove the Platforms/Sites from all of your devices.
Accounts, Passwords and Security
Certain features or services offered on or through the Platforms/Sites may require you to open a user account(s) (including setting up ID(s) and password(s)). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Company immediately of any unauthorized use of your account(s) or password(s), or any other breach of security. However, you may be held liable for losses incurred by Company, or any other user of, or visitor to, the Platforms/Sites due to someone else using your ID(s), password(s), or account(s).
You may not use anyone else's ID, password, or account at any time without the express written permission and consent of the holder of that ID, password, or account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
If you become aware of fraudulent activity, you may notify us immediately by one of the means listed on the Contact Us or Connect page of the Platforms/Sites.
Intellectual Property Representations & Warranties:
Artists, entertainers, performers, musicians, subject matter experts, their affiliated companies, management, labels, publishers, promoters, and the like (herein referred to as "Talent"), as well as live entertainment venues, their owners, operators and managers (herein referred to as "Venue"), using the Platforms/Sites for digital showcasing, marketing, sales, or delivery of their content to individuals and/or audiences hereby grant to Company non-exclusive, perpetual, worldwide, fully-assignable, royalty-free right(s) and license(s), with the right to sublicense as may be necessary, to host, download, upload, encode, transcode, compress, convert, edit, reproduce, publicly perform, stream, display, store, archive, use, publish, digitally showcase, feature, market, sell, distribute, transfer, and/or deliver the Talent’s and/or Venue's content without delay or compromise.
Additionally, Talent and/or Venue grants Company the perpetual, worldwide right to use any related Talent or Venue photographs, images, likenesses, multimedia, biographical material, text information, designs, artwork, or any other materials provided to Company hereunder by the Talent and/or Venue, for the purposes of advertising, selling, displaying, distributing, delivering, or demonstrating Talent and/or Venue content, performances, and related materials. Such rights and licenses will apply to any form, media, or technology now known or hereafter developed.
Talent and/or Venue fully understands that the Company will not be obligated to account and pay performance, mechanical, or other royalties to Talent in addition to any other payments previously agreed upon in writing between the Company and Talent or Venue. Talent and/or Venue also fully understands that if Talent performs any non-original compositions or works it is Talent's and/or Venue's responsibility to properly report the performance information to ensure full industry compliance. In order for the Company to submit any necessary information or report to Broadcast Music, Inc., The American Society of Composers, Authors and Publishers, or SESAC of any non-original compositions or works performed by Talent on the Company’s Platforms/Sites, Talent and/or Venue understands they are fully responsible to submit to Company within ten business days following a live performance a complete list of the songs or works Talent performed. As may be required in these situations, the Company will do its part to provide the appropriate information and reports to ensure full industry compliance. Talent and/or Venue assumes full responsibility and liability to provide the appropriate information and reports in a timely manner to all applicable parties.
Talent and/or Venue represents and warrants to Company that it is either (A) the true and rightful owner of, or (B) the possessor of legally enforceable licensing and/or rights, for all aspects of intellectual property pertaining to their content on the Platforms/Sites, which is inclusive of, but not limited to, music content, video content, photographic content, graphic design content, live performance content, etc. Talent and Venue agrees to indemnify, defend, protect, and hold harmless the Company, its subsidiaries, affiliates, and partners, and their respective officers, directors, agents, affiliates, distributors, franchisees and employees (collectively "Indemnified Parties") against any and all liabilities, losses, claims, damages, actions, investigations, and legal proceedings of any kind, from any party, arising from the Talent's or Venue's licensing or rights, or lack thereof, to the access, use, display, etc. of their own, or any others', intellectual property or content on the Platforms/Sites.
The Talent and Venue, by showcasing, selling, distributing, or disseminating content through the Company, hereby grants to users of the Company’s Platforms/Sites and/or services a non-exclusive, non-transferable limited right to access, view, and/or listen to the content solely for their individual benefit only on the Company’s Platforms/Sites for so long as agreed upon between the Parties in the transaction, and/or for so long as a user account remains active and in good standing with the Company.
Company reserves the right to (but shall have no obligation to) pre-screen, review, flag, filter, modify, refuse or remove content as it deems necessary. Talent and Venue agrees that it is solely responsible (and that Company has no responsibility to the Talent, Venue, or any Third party) for any content that Talent or Venue creates, has uploaded, transmitted, performed, or displayed to Company's Platforms/Sites, and for the consequences of the Talent's or Venue's actions, or inactions, (including any loss or damage which Company may suffer) by Talent or Venue doing so.
Company shall not be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including, without limitation, delays by subcontractors or suppliers.
Data and Metrics
The Company is the sole owner of all data it observes and/or collects from its Platforms/Sites.
Company adheres to industry best-practices to protect privacy. However, by using the Platforms/Sites, you acknowledge and agree that Internet transmission security cannot be guaranteed. As a result, you understand that any message or information you send to the Platforms/Sites may be read or intercepted by others in extreme cases, even if there is a special notice that a transmission is encrypted. Therefore, you accept the associated risks inherent to any Internet transmission using the Platforms/Sites and hold the Company harmless from all liability.
Links to Other Sites
This Platforms/Sites may contain links to other independent third-party Web sites (Linked Sites). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under Company's control, and Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
COMPANY DOES NOT PROMISE THAT THE PLATFORMS/SITES OR ANY CONTENT, SERVICE OR FEATURE OF THE PLATFORMS/SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORMS/SITES WILL PROVIDE SPECIFIC RESULTS. THE PLATFORMS/SITES AND THE CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE PLATFORMS/SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PLATFORMS/SITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORMS/SITES AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORMS/SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE PLATFORMS/SITES OR ANY CONTENT IS TO STOP USING THE PLATFORMS/SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Platforms/Sites, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Platforms/Sites or any service offered on or through the Platforms/Sites, or (4) unexpected technical issues or problems.
Void Where Prohibited
Company administers and operates the Platforms/Sites from its location in the United States, and other Company sites may be administered and operated from various locations outside the United States. Although the Platforms/Sites are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Platforms/Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.
Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Platforms/Sites is void where prohibited. If you choose to access the Platforms/Sites from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Platforms/Sites, in violation of any applicable laws or regulations.
Feedback and Information
Any feedback you provide shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis.
Refund and Return Policy
All Platforms/Sites sales are deemed to be final and nonrefundable unless communicated otherwise in writing by the Company, on a performance-by-performance, or transaction-by-transaction basis, either on behalf of Talent, Venue, and/or the Company.