About us

Privacy Policy

Welcome to the website connectsongs.com (the "Site") and related platforms, and services available on or from the Site (the “Services”) owned by CONNECT Songs and operated by Sentric Music Limited (together with their affiliates, successors, and assigns hereinafter referred to as “our”, “we”, or “us”).

The Site is a platform which opens up a direct worldwide collection network to ensure users’ songs are registered with performance rights organizations (“PRO's”) which will result in royalties being paid efficiently into users’ Site accounts (“Accounts”). Registered users may access their Accounts to view and manage royalty payments, update user information regarding their songs, update user information pertaining to performances, update information regarding YouTube plays and radio and TV placements, and submit music for sync opportunities.

We care about online privacy and want you to know how we collect, use and share and protect information about you and the choices you have regarding our use of your information. If you have any questions concerning this Privacy Policy, please email us at privacy@connectsongs.com.  We may change or add to this Privacy Policy from time-to-time, so we encourage you to review it periodically.

SCOPE

This Privacy Policy applies to the collection of personal information from users of the Site and Services, including any updated services that may be offered in the future through the Site. It relates to information we collect from you, including personally identifying information (also referred to as “PII”) and information that does not identify you personally. PII may include, for example, some or all of the following: your name, mailing address, email address, telephone number, mobile phone number, passwords, credit/debit card information, user name and password, and demographic information.

YOUR CONSENT TO THIS PRIVACY POLICY

This Privacy Policy is incorporated into and subject to the Terms and Conditions that apply to use of this Site. By using the Services and this Site, you consent to our Terms and Conditions and Privacy Policy, including our use and disclosure of your personal information as stated in this Privacy Policy, whether or not you register with the Site.

INFORMATION COLLECTED AND USED BY US 

When users register with the Site, we collect user submitted personal information such as name, mailing address, email address, and telephone number. We use that information to authenticate users and to send notifications to users relating to, without limitation, the Services.

As is standard practice on many corporate websites, we also log non-personally-identifiable information, including IP address, profile information, aggregate user data, and browser type, from the Site. This data is used to improve the website services, to analyze trends, to administer the Site, to track users' movements around the Site and to gather demographic information about our user base as a whole. We will not use the information collected to market directly to that person. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to users. User IP addresses are recorded for security and monitoring purposes.

In addition, we uses pixel tags - tiny graphic images - to tell us what parts of the Site have been visited or to measure the effectiveness of searches customers perform on the Site. Pixel tags also enable us to send email messages in a format that users can read. And they tell us whether emails have been opened to assure that we are only sending messages that are of interest to our users.

We may also use a user’s email address to send updates, or news regarding the Services. We may send email messages which use a "click-through URL" linked to content on the Site. When a user clicks one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

We may also collect information for market research purposes to gain a better understanding of our users and thus provide more valuable service. We also collect information regarding user activities on our Site, and on related websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites and Internet services are of most interest to them.

In cases where you use a mobile device to access our sites or use or applications, we may receive information about the location of your device. We may use this information to develop, deliver, and improve our products, services, and other offerings.

We use the information that we collect to develop, deliver, and improve our products, services, and other offerings.

USE OF COOKIES

We use cookies to store users' preferences and to record session information, for purposes including: (i) to customize Web page content based on browser type and user profile information; (ii) to help track usage to help us understand which parts of our website are most popular, where our visitors are going, and how much time they spend there; (iii) to make usage of our website even more rewarding as well as to study the effectiveness of our user communications, and (iv) to customize each visitor's experience and provide greater convenience.

The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from us in order to use some functions on the Site. Please note that we may allow third party partners to set and access their cookies on your computer. Among other things, these third parties may use cookies, pixel tags and other technologies. These third parties' use of cookies is subject to their own privacy policies, not our Privacy Policy.

DO-NOT-TRACK

Our Site does not respond to "do-not-track" settings in users' web browsers at this time. However, there are various ways to opt out of interest-based advertising, such as TRUSTe’s Ad Choices, the Network Advertising Initiative’s Consumer Opt-Out Page, or you can also visit Google's Ad Settings to manage the ads Google serves.

LINKS 

This Site contains links to third party websites. We are not responsible for the privacy policies and/or practices on other sites. When linking to another site, a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on the Site.

USING SOCIAL FEATURES OF OUR SERVICES

When you use any of our applications, or features at a site not controlled by us, such as a social networking site (“SNS”) like Facebook, that site may allow us to access certain information about you. You may also be required to read and accept the SNS’s terms of service and privacy policy. By accessing our applications through a SNS, you are authorizing us to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the SNS could provide to us through the SNS.


The information you allow us to access varies by application and SNS, and it is affected by the privacy settings you and your friends establish at the SNS. You can find out more about these settings at the SNS where you access our applications.

If you choose (opt in) to use one of our social features, you may be asked to log into a SNS, such as Facebook, through our application. The SNS may provide Sentric with the following information:

Your SNS user ID.
Your profile picture or its URL (if available).
The user IDs and profile pictures of the people you are connected to on the SNS, such as your Facebook friends.
Contact information (such as your name and email address).
Demographic information (such as your gender and your date of birth).
Your physical location and that of your access devices.
Other information you provided to the SNS, such as occupation, interests, hobbies, music preferences, biographical information, and potentially any and all information that you agreed the SNS or other party could provide to us when you use our applications.

We link this data to a user ID that we assign to you. When a SNS sends us the user IDs and profile pictures of your friends, we check to see which of your friends also have chosen to use the same social feature you selected. If your friends have not chosen to use our social features, we do not retain their user IDs or other information about them. If your friends have opted in to use the same social feature you selected, then we link that information to you so that you can enjoy our social features with those friends. We will update the list of friends linked to your user ID each time you log back into our social feature.

While using one of our social features, you may be able to see your friends’ profile pictures and their most recent use of the feature. Similarly, when your friends are using the feature, they may be able to see your profile picture and your most recent use of the feature. You may be able to invite your friends to join you in a social feature, such as by posting a message to your Facebook wall. You are never required to use our social features in order to use our applications.

CORRECTING/UPDATING OR REMOVING INFORMATION

Registered users of the Site may modify or remove any of the personal information contained in their Account at any time by logging into My Account and accessing features such as Edit.

To manage the information we receive about you from a SNS when you access one of our applications through the SNS, you will need to follow the instructions at that site for updating your information and changing your privacy settings at that SNS’s site. Once we receive your information from an SNS, that information is stored and used by us in accordance with this Privacy Policy, and you may access and update that information as described in the above paragraph.

EMAIL CHOICE / OPT OUT

Users who no longer wish to receive promotional messages or updates may choose not to by opting-out. To opt-out, simply log-in to your user Account, and click the appropriate box to disable the notification emails you no longer wish to receive. All notification emails and newsletters also include the above instructions for opting-out of those communications in the future. Note that users who have opted-out of promotional messages or updates may still receive email messages from us where necessary to provide a service you have requested or where necessary to inform you of critical information relating to your use of the Site.

THIRD PARTY ADVERTISING

We or one of our web-advertising partners may deliver ads appearing on the Site to users of our Site. Our web-advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers only the use of cookies by us and does not cover the use of cookies by any third party advertisers. Please be aware, however, that to the extent Google may deliver ads to our website it uses the DART cookie. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

SECURITY

Site user accounts are secured by user-created passwords. We take precautions to ensure that account information is kept private. We use reasonable measures such as encryption to protect private information that is stored within our database against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction, and we restrict access to such private information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Among these measures, when you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer (SSL) technology, which creates an encrypted connection between you and our systems. Once we collect your credit card or debit card information, it is stored encrypted on restricted-access computers that are not directly accessible via the Internet. Please note that no method of electronic transmission or storage is 100% secure, however, and we cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. Users are urged to also take precautions to protect their personal data by changing passwords often using a combination of letters and numbers, and using a secure web browser. For any additional information about the security measures we use on the Site, please contact us at privacy@connectsongs.com

SHARING AND DISCLOSURE OF INFORMATION SENTRIC COLLECTS

Except as otherwise described in this Privacy Policy, we will not disclose personal information to any third party unless it believes that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; (2) to enforce the Terms and Conditions or to protect our rights; or (3) to protect the safety of members of the public and users of the Services. We reserve the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of us or substantially all of our assets to that successor in interest. We take your privacy very seriously. We does not sell or rent your contact information to other marketers. To help us provide superior service, your personal information may be shared internally. There are also times when we may make certain personal information about you available to companies that we have a strategic relationship, including ReverbNation, with or that perform work for us to provide products and services to you on our behalf. For example, these companies may help us process information, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with our policies. Without such information being made available, it would be difficult for you to use the Services, receive customer service, provide us feedback to improve our services, or access certain services, offers, and content on the Site.

We may also share information about you with your SNS contacts when you and they use the same social features of our applications.

PRIVACY OF CHILDREN

This Site and our Services are oriented toward a general audience and intended for adults only. We do not knowingly collect personally identifiable information from those under the age of thirteen (13). If you believe that we have inadvertently collected personally identifiable information from a person under thirteen (13), please contact us so that we can investigate and take any necessary remedial measures. 

INTERNATIONAL USERS

The Site is operated from the United Kingdom by a company headquartered in the United Kingdom. If you are located outside of the United Kingdom, please note that the information you provide to us will be transferred to the United Kingdom and governed by applicable United Kingdom laws and regulations and this Privacy Policy. By using the site, you consent to this transfer and the processing of your data (personal or otherwise) in accordance with United Kingdom laws and regulations and this Privacy Policy. The applicable laws in the United Kingdom regarding the processing of data (personal or otherwise) may be less stringent than the laws in your country.

YOUR CALIFORNIA PRIVACY RIGHTS

California law permits certain users of our site who are California, U.S. residents to request certain information regarding disclosure of personal information to third parties for such third parties' direct marketing purposes during the past year. You may make such a request by writing to Sentric Music Limited:

Sentric Music Limited 
Attn: Legal Department - Privacy
1st Floor
29 Parliament Steet
Liverpool
L8 5RN
United Kingdom

You may also email us at: privacy@connectsongs.com.

Please include the full name and contact information for your Site account in your request, and include the statement “Your California Privacy Rights” in the subject field of your letter or email. Please allow thirty (30) days for a response.

CHANGES IN OUR PRIVACY POLICY

From time to time we may make changes to our Privacy Policy. The most recent version of the Privacy Policy will be posted on our Site, with the "Revised Date" posted at the top of the Policy. If we make any material changes to our Privacy Policy or how we handle your personal information, you will know because the Revised Date of the Privacy Policy will change. If we make a significant or material change in the way we use your PII, we will post a more prominent notice (including, for certain services, email notification of privacy policy changes where possible) in advance of any such change for thirty (30) days where feasible. A user is bound by any minor changes to the Privacy Policy when she or he uses the Site after those changes have been posted.

CONTACTING THE WEB SITE

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: privacy@connectsongs.com. Physical inquiries can be sent to the following address: 

Sentric Music Limited
Attn: Legal Department - Privacy
1st Floor
29 Parliament Steet
Liverpool
L8 5RN
United Kingdom

DISPUTES

Any disputes regarding this Privacy Policy are subject to our Terms and Conditions and will be governed by the laws of the United Kingdom, applicable to agreements made and performed there.

© 2015 CONNECT Songs

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Terms & Conditions

CONNECT Songs Terms and Conditions

Revised as of November 16, 2015

THE WEBSITE CONNECTSONGS.COM (THE “SITE”) AND RELATED PLATFORMS, APPLICATIONS, PRODUCTS, SERVICES, AND PROGRAMS AVAILABLE ON OR FROM THE SITE (THE “SERVICES”) ARE OWNED BY CONNECT SONGS AND OPERATED BY SENTRIC MUSIC LIMITED (TOGETHER WITH THEIR AFFILIATES, SUCCESSORS, AND ASSIGNS HEREINAFTER REFERRED TO AS “OUR”, “WE,” OR “US”).

BY ACCESSING AND USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE PUBLISHING ADMINISTRATION AGREEMENT YOU EXECUTED IN CONJUNCTION WITH YOUR USE OF THE SERVICES, AND OUR PRIVACY POLICY (ALL OF WHICH ARE INCORPORATED HEREIN AND COLLECTIVELY REFERRED TO AS THE “TERMS AND CONDITIONS”, WHICH SET FORTH THE ENTIRE AGREEMENT PERTAINING TO YOUR USE OF THE SITE AND SERVICES, AND SUPERSEDE ALL PRIOR VERSIONS OF THE TERMS AND CONDITIONS).IN THE EVENT THE PUBLISHING ADMINISTRATION AGREEMENT YOU EXECUTED IN CONJUNCTION WITH YOUR USE OF THE SERVICES CONFLICTS WITH THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, THE TERMS OF THE PUBLISHING ADMINISTRATION AGREEMENT SHALL CONTROL.

THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AGREEMENTS.  IF YOU USE THE SITE AND THE SERVICES ACTING AS THE REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY, OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY AND YOU GUARANTEE COMPLIANCE BY SUCH INDIVIDUAL OR ENTITY WITH THESE TERMS AND CONDITIONS.

WE RESERVE THE SOLE RIGHT AT ANY TIME TO MODIFY, DISCONTINUE, OR TERMINATE ANY SERVICE OR THE SITE, OR CHANGE, ADD, OR DELETE PORTIONS OF THESE TERMS AND CONDITIONS WITHOUT NOTICE.  WE WILL POST CHANGES TO THESE TERMS AND CONDITIONS, IF ANY, TO THE SITE. IT IS YOUR RESPONSIBILITY TO CHECK THE SITE PERIODICALLY FOR CHANGES.  YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR SERVICES.

1. USE OF SITE AND SERVICES:

(a)            Age Restriction.  The Site and Services are intended for use by persons 18 years of age or older.  The Site and Services are not intended for children under the age of 13. Children under the age 18 but at least 13 years of age may use the Site and Services only with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions.

(b)            Site Content Ownership.  All materials and content on the Site and Services, (collectively, the “Site Content”) are the proprietary property of us, including respective copyrights, logos, slogans, trademarks, and service marks.

(c)             Site and Services Use License.  Subject to these Terms and Conditions and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Site Content.  Except with respect to your use of certain Services in accordance with these Terms and Conditions that provide for or facilitate commercial activities, you understand that the Site and Site Content is for your personal use only. Except as expressly permitted by these Terms and Conditions:  (i) no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Site Content, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to the Site or Services.

2. REGISTRATION:

(a)            In order to use certain parts of the Site and Services, you must register as a user and create an account on the Site.  As part of the registration process, you will provide a username, password, email address, and other information and materials (the “Registration Information”) for your Site account.  We may accept or reject your user registration in our sole discretion.

(b)            You alone are responsible for maintaining the security of your Registration Information and for all uses of the Site and Services in the name of your account. Upon registration, you will have an “Account” page on the Site where you can manage your use of the Site and Services.

(c)             You represent and warrant that all Registration Information will be true, accurate, complete, and current and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. We may use all Registration Information in accordance with our Privacy Policy.

(d)            You are responsible for maintaining access to the email address associated with your account. We are unable to restore access to your account if you lose access to the email address associated with the account.

(e)            You are responsible for keeping your account active.  If a user does not log in to an account for an extended period from the date of the last log in, the account may be considered inactive.  Inactive accounts may be permanently removed without notice.

3. MATERIAL SUBMITTED BY YOU:

(a)            User Submitted Material. 

                                (i)         You are solely responsible for all materials and content that are submitted by you or through your account, or in connection with any Service, including without limitation, music, sound recordings, musical works, compositions, names, likenesses, copyrights, trademarks, service marks, biographical information, your Registration Information, and any other information or materials (“User Content”).

                              (ii)         By submitting User Content to the Site or in connection with any Service, you automatically grant to us a non-exclusive, transferable, royalty free, license throughout the universe, and in any manner and media now known or hereafter developed, to host, distribute, transmit, stream, publicly perform, display, promote, advertise, and market all or any portion of the User Content, and to grant and authorize sublicenses of the foregoing, in connection with the Site and Services and the functionality thereof; provided, however, we will not sell or otherwise commercially distribute for a fee User Content except in connection with your express use of a Service that provides such functionality. Except as may be specifically provided in connection with any particular Service, we and our sublicensees have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the uses of your User Content as authorized in these Terms and Conditions.

                             (iii)         We are not responsible for any User Content that may be lost or unrecoverable through your use of the Site or Services, and you are encouraged to archive your User Content regularly and frequently.

                             (iv)         You must submit User Content to the Site and Services in compliance with our submission specifications. Our submission specifications are available on the Site.  We reserve the right to refuse to accept and/or cause the removal of any User Content for any reason and at our sole discretion and without notice to you.

                               (v)         As between you and us, and subject to our rights in these Terms and Conditions, you shall retain all rights in the User Content and nothing in these Terms and Conditions shall constitute a transfer to us of ownership of any User Content.

                             (vi)         You hereby acknowledge and agree that we may, at our sole discretion, disclose User Content in order to: (A) comply with law enforcement, court orders, or the legal process; (B) protect the rights and safety of individuals; or (C) settle disputes over intellectual property ownership. You understand and agree that in connection with the rights granted herein, we have the right, but no obligation, to remove, monitor, market, promote, advertise, or otherwise use your User Content.

4. User Representations and Warranties.

You agree that you will not use the Site or Services in any manner that is abusive, fraudulent, or unlawful, that infringes the copyright, trademark, or other intellectual property rights of any person or entity, that is inconsistent with these Terms and Conditions, or that could damage, disable, overburden or impair the Site or Services, in each case as determined in our sole discretion. Without limitation, you agree, represent, and warrant that:

(a)            You will use the Site and Services in compliance with all applicable laws and policies;

(b)            You will not use the Site or Services to infringe the copyright, trademark, or other intellectual property rights of any person or entity;

(c)             You own or control all necessary rights in and to the User Content, and you have the full right and authority to grant the rights, licenses, and permissions in these Terms and Conditions;

(d)            The exercise of the rights granted by you herein shall not violate any laws or otherwise infringe upon the rights of any person or entity, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful materials;

(e)            To the extent you do not own any underlying musical compositions, sound recordings, samples, publicity rights, or other materials or content in your User Content, it is your obligation to secure all appropriate permissions, clearances, licenses, or other authorizations and agreements, and, as applicable, to pay directly all third-party fees and/or royalties as may be required, and at our request you shall provide us with confirmation of such authorizations and payments.

(f)              You will not use automated scripts to collect information from, access, or otherwise interact with the Site;

(g)             You will not upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;

(h)            You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(i)              You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

(j)              You will not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(k)             You will not use or attempt to use another user's account without authorization from us or create a false identity using the Site or Services;

(l)              You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Site or Services or any software, documentation, or data related to the Site or Services;

(m)           You will not remove any proprietary notices or labels from the Site or Services or modify, translate, or create derivative works based on the Site or Services.

(n)            You will not use the Site or Services to solicit, advertise, provide, sell, or offer, any third party sites or services, or similar or competing products or services; and

(o)            You will not solicit Site users to register or sign up with another website, platform, or other service or entity.

5. TERMINATION

(a)            We may cancel your user registration and terminate your use of the Site or Services at any time with or without cause, in our sole discretion, and with or without notice, including for your breach of your representations, warranties, and covenants in these Terms and Conditions; provided, however, that we have no obligation to monitor your use of the Site or Services.

(b)            We may delete any of your User Content, information, or other data from the Site or Services at any time, and we have no obligation to maintain copies of any deleted information.

6. DMCA COPYRIGHT NOTICE AND REPEAT INFRINGER POLICY:

(a)            If you are a copyright holder who believes that any of the materials on the Site infringe your work, you should notify us promptly.  Upon our receipt of notice reporting alleged copyright infringement, and which complies with the requirements set forth in the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to remove, or disable access to, the material in accordance with the DMCA.

(b)            Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted in writing to the Designated Agent for this Site.  Contact information for the Designated Agent may be found at the U.S. Copyright Office’s Directory of Service Provider Agents for Notification of Claims of Infringement, and is provided below:

SENTRIC MUSIC LIMITED
Attn: Legal Department – DMCA Agent
1st Floor
29 Parliament Street
Liverpool
L8 5RN
United Kingdom

(c)             Please be advised that we may provide an alleged infringer with any notice of claimed infringement, including notices of claimed infringement submitted by you and any communications related thereto. We may also provide any counter notifications received and communication related thereto, to the provider of the original notice of claimed infringement.

(d)            Without limiting our termination rights, if you engage in “repeat infringement” we may terminate your registration and Site account without notice, and you will no longer be permitted access to the Site or the Services.  “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our reasonable discretion, where you have infringed the copyright rights of another person.

(e)            In the event a user’s materials are removed due to a DMCA notice and then subsequently restored in accordance with the DMCA, we will treat the underlying DMCA notice as withdrawn.

(f)              We reserve the right to terminate Site accounts that are the subject of fewer than two (2) instances of infringement of the copyright rights of another person in appropriate circumstances, such as when the user has a history of violating or willfully disregarding the Terms and Conditions.

7. INDEMNIFICATION

You agree to fully indemnify and hold us and our subsidiaries, affiliates, directors, officers, agents, contractors, partners, affiliates, employees, contractors, co-branders, advertisers, and other partners (collectively, the “Related Parties”) harmless, and upon our request, defend us and/or the Related Parties, from and against any and all losses, liabilities, damages, claims, costs, expenses, or demands (including reasonable attorneys' fees and costs), due to or arising out of (i) your use of the Site or Services; (ii) your violation or breach of any representation, warranties or other terms in  these Terms and Conditions; (iii) your violation of any rights of any third party; and (iv) any dispute between you and any other user of the Site or Services. Without limitation, you agree to reimburse us and our Related Parties on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section. We shall promptly notify you of any such claim, and you may assume control of the defense of such claim with counsel subject to our reasonable approval, provided that you obtain and post an appropriate bond for our benefit, and we shall have the right in all events to participate in the defense thereof.  If a claim is made we will have the right to withhold payment of any monies due you in an amount reasonably related to the claim and potential expenses. Your sole remedy as a result of any breach or alleged breach by us of these Terms and Conditions or other applicable terms and conditions or agreements is limited to your ability to discontinue use of the Site and your ability to terminate your participation in any Services in accordance with the terms thereof.

8. LIMITATIONS AND DISCLAIMERS

: THE SITE, THE SERVICES, AND THE CONTENT THEREON ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES.  Without limiting the foregoing:

(a)            We and the Related Parties are not responsible for any incorrect or inaccurate information in the Site Content.  We are not responsible for the conduct, whether online or offline, of any user of the Site. Inclusion of any Site Content, including links to other websites, does not imply approval or endorsement of the Site Content by us.

(b)            You understand the speculative nature of the music industry, and we make no guarantees whatsoever with respect to the marketing, promotion, acceptance, development, or popularity of you, your band, your music, or otherwise in connection with your use of the Site or Services; and we further make no guarantees whatsoever that any materials you submit to our Site, including your music, will achieve any results or otherwise used by any third party.

(c)             The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or the Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site or blocking from the destination mail servers, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Site or the Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Site, or any Site Content.

(d)            By using the Site and/or Services, you hereby release us and the Related Parties from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your use of the Site and/or Services. If you are a California resident, you represent that you are familiar with Section 1542 of the California Civil Code and you hereby waive and relinquish any right and benefit to which you may have under Section 1542 to the full extent that you may lawfully do so in connection with the subject matter hereof.  Section 1542 states:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

(e)            IN NO EVENT WILL WE AND THE RELATED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(f)              NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL THE AGGREGATE OF OUR AND THE RELATED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE, LOSS, COST, DAMAGE, OR CLAIM WHATSOEVER, INCLUDING ATTORNEYS’ FEES AND COSTS AND EXPERT WITNESS FEES AND COSTS, AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES FOR THE PRECEDING THREE (3) MONTHS; AND (B) TWO HUNDRED FIFTY DOLLARS ($250.00 U.S.). YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THESE TERMS AND CONDITIONS.

9. GOVERNING LAW:

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Those who use the Site or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.  In the event of any dispute or claim arising out of, or in connection with, these Terms and Conditions it is agreed that the courts of North Carolina shall have exclusive jurisdiction thereof.  You consent to personal jurisdiction and venue in the state and Federal courts of Durham County and Wake County, North Carolina. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.

10. MISCELLANEOUS

If any provision of these Terms and Conditions is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms and Conditions shall continue in full force and effect. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our delay or failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions do not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor we, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under these Terms and Conditions, be deemed to be an agent or employee of the other, and neither you nor we has the authority to bind the other under any contract, agreement, or otherwise.

11. NOTICES:

All notices required by these Terms and Conditions shall be in writing and shall be sent (i) by you via the Site, (ii) by us via email to your email address of record; and notice shall be effective on the date it is officially recorded as delivered.


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