2. USER ACCOUNT, PASSWORD AND SECURITY.
To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer.
You agree to:
(A) immediately notify the webmaster of The Website of any unauthorized use of your account or any other breach of security, and
(B) ensure that you exit from your account at the end of each session. The Website cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3. AGE RESTRICTIONS.
Individuals under the age of 14 years of age are prohibited from accessing The Website without verified parental consent furnished to the Company in accordance with the Children's Online Privacy Protection Act of 1998. By registering as a User and accessing The Website, you hereby represent and warrant that you are 14 years of age or older.
4. PUBLISHING OF CONTENT.
You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on The Website, including without limitation, information, code, data, text, software, music, sound, links, photographs, pictures, graphics, video, chat, messages, files and any other materials ("Content"). You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third-party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, malicious or otherwise unlawful or objectionable material, at our sole discretion. You represent and warrant that you have all legal rights necessary to publish any Content on The Website or that you own such Content. You hereby acknowledge and agree that Company shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your Content for any reason and at its sole discretion. You hereby acknowledge and agree that the Company may, at its sole discretion, disclose your Content in order to:
(i) comply with law enforcement, court orders, or the legal process; and/or
(ii) protect the rights and safety of individuals; and/or
(iii) settle disputes over intellectual property ownership.
The Company owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on The Website, or via The Website, by third parties not within the control of the Company. It is our policy not to permit materials known by us to be infringing to remain on The Website. You should notify us promptly if you believe any materials on The Website infringe a third-party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted in writing to the following for The Website:
Cassie Forcier, Designated Agent
The Fan Connection
9 Music Square South #226
Nashville, TN 37203
Please be advised that the Company may provide an alleged infringer with any notice of claimed infringement, including notices of claimed infringement submitted by you under the DMCA, and any communications related thereto. The Company may also provide any counter notifications received under the DMCA, and communication related thereto, to the provider of the original notice of claimed infringement. All notices and communications provided by you to us become the property of the Company and you hereby grant us the right to provide such notices and communications to any third-party.
If you engage in “repeat infringement”, we may terminate your registration and account without notice, and you will no longer be permitted access to The Website. “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 or entity.
You agree that you are responsible for actions and communications undertaken under your account. The Company and The Website take no responsibility and assume no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter.
5. LICENSE TO CONTENT.
By publishing Content to any part of The Website, you automatically grant to the Company, and you represent and warrant that you have the right to grant to the Company, a non-exclusive, transferable, fully paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. This license includes without limitation any and all professional names, photos, trademarks, logos and biographical information of artists, performers, individuals or bands. You may remove such Content from The Website at any time and the license granted above will automatically terminate.
This may sound like a lot of legal rambling…but we simply need to make sure we are legally able to transmit your materials via The Website and that we have your permission to do so. We will never claim any ownership rights in your content, and you will continue to own your content and can use it in any way that you choose.
6. STREAMING CONTENT.
You confirm that you have permission to upload all of your “Music Content” (which includes, but is not limited to, music, lyrics, recordings of music and lyrics, productions, arrangements, performances, recordings of performances) and make such content available worldwide (without restriction), or have obtained permission from the relevant rights holder(s) of such Music Content. The Website may use your Music Content and recordings (which shall include music, lyrics, productions, arrangements and performances) for royalty-free full streaming and/or for royalty-free previews, worldwide, as chosen by you. We will never claim any ownership rights in your content, and you will continue to own your content and can use it in any way that you choose. You may remove any and all content from The Website at any time. It is up to you whether to make your Music Content available on the Website as a “full length song” and/or a clip or preview. The Website is offered to help users (“fans”) readily access your tracks and help promote your music, and by selecting the “full length song” and/or the clip/preview option, you expressly agree that you waive, and have obtained a waiver from the relevant rights holder(s), to any royalties for the use of your Music Content and uploaded tracks as streaming content on The Website, worldwide, and/or any other manner that may be determined by any such presence on The Website (including if such royalties arise from the use of musical compositions, sound recordings, performances or any other royalty-based use) and for such use on The Website worldwide. If you wish that your Music Content not be streamed on The Website for promotional use, it is your sole responsibility to remove such Music Content from The Website and/or not upload such content nor cause to have such content uploaded to The Website. The Website intends to promote and make available music over the Internet and World Wide Web, through players, apps and affiliated sites and outlets, such as third party software client applications, widgets, blogs and social networks and/or third party hardware applications (including but not limited to: Internet radio players, media adapters and other hardware on which music can be played) and where relevant, by linking to other third party providers and websites. However, The Website shall not be under any obligation to stream or otherwise use any of your content anywhere or at any time.
As part of our dedication to promoting artists and assisting artists in selling your music, we will create widgets to sell and promote your music from your Artist account home page, and other pages on The Website. These widgets will direct your fans, and other visitors of The Website, to iTunes, Amazon.com, AmazonMP3 and/or CDBaby’s digital and online stores, where applicable. It is understood and agreed to, as part of this agreement, that these third-party digital and online stores may stream clips of your music through The Website, as well as display your album artwork on The Website via the aforementioned widgets.
7. USE OF THE WEBSITE.
You understand that The Website and any Services offered through The Website are available for your personal use only. Your use of any Services that provide for or facilitate commercial transactions may be subject to additional terms and conditions. Your interactions with organizations, entities and/or individuals found on or through The Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, entities and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or held liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with a third party, including other members and/or users of The Website, you hereby release the Company, its owners, its officers, employees, agents and successors in rights 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 or connected to such dispute and/or The Website and/or its Services. If you are a California resident, you waive California Civil Code Section 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 agree not to harvest or collect email addresses or other contact information of other Website users, by electronic or other means, for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from The Website. You agree that you will not use The Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair The Website. In addition, you agree not to use the Website to:
(i) 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;
(ii) impersonate any person or entity, or falsely state or otherwise misrepresent yourself and/or your affiliation with any person or entity;
(iii) 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;
(iv) 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; or
(v) use or attempt to use another user's account, without authorization from the Company or express permission of the user, or create a false identity using The Website.
8. LINKS TO OTHER WEB SITES.
The Website contains links to other web sites. These include, but are not limited to, artist websites, online and digital stores, and social media web sites. We are not responsible for the content, accuracy or opinions expressed in such other web sites, and such other web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through The Website or through the Services offered by The Website does not imply approval or endorsement of the linked web site by us. If you decide to leave The Website and access these third-party web sites, you do so at your own discretion and are solely liable in choosing to do so.
9. LIMITATION OF LIABILITY.
In no event will the Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of The Website or its services, even if the company is aware or has been advised of the possibility of such damages. To the fullest extent permitted by law, the company disclaims any warranties for third party services or goods received through or advertised on The Website or through The Website’s services, or accessed through any links on The Website. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lessor of:
(A) the amount paid, if any, by you to the Company or for the Services; and
(B) ten dollars ($10). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
You agree to indemnify and hold the Company and its owners, its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
(i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement;
(ii) your use of The Website and/or the Services or The Website in violation of this Agreement; or
(iii) or your violation of any law or the rights of a third party.
You hereby agree not to sue, assist in, or be a voluntary party to assist in, or be a voluntary party to, except as required by law, any action, suit, or proceeding against the Company for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of The Website or any Services directly or indirectly offered through The Website.
11. USE OF WEBSITE CONTENT.
All Content on The Website, is the proprietary property of the Company or its licensors (including Website users). Subject to the terms of this Agreement, no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Company or the owner of the Content. Except as otherwise set forth in this Agreement, any use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on The Website are trademarks or registered trademarks of the Company or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
12. DISCLAIMER OF WARRANTIES.
The Company is not responsible for any incorrect or inaccurate Content published on The Website or in connection with the Services, including Content published by users of The Website or the Services. The Company is not responsible for the conduct, whether online or offline, of any user of The Website. The Website and the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility 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 Website or the Services. The Company is 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, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with The Website or the Services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, The Website or any Content published on The Website. The Website, the Services and the content are provided "as-is" and the company disclaims any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of The Website and/or the Services.
13. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., without reference to conflicts of laws, provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Nashville, TN, in accordance with The Tennessee Uniform Arbitration Act and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the laws of the State of Tennessee, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the Tennessee state courts located in Davidson County, Tennessee, or the federal district court for the Middle District of Tennessee located in Nashville, TN. In such event, you consent to the "in personam" jurisdiction and venue of such courts. 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 telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
14. CREDITS, HOLDS AND OFFSETS.
Please be advised that if we receive any claim or threat of a claim that is related to your use of The Website or Services offered through The Website, we may put a “hold” on any account you have with us, including any monies held on your behalf. Furthermore, to the extent that you owe us any amounts as a consequence your use of the Services or our settlement of any claim made against you, we may, in our sole discretion, deduct all or a portion of such amounts from any amounts held by us in your accounts, including amounts held in your deposit account. Any such deduction will not relieve you of any obligation to pay the remainder of any amounts due from you to us.
15. PRICING, SHIPPING AND TERMS OF SALE.
Prices for products are described on The Website and are incorporated into this Agreement by reference. All prices are in U.S. dollars. Prices and products may change at the sole discretion of the Company. Title and risk of loss for all products ordered by you shall pass to you on the Company’s shipment to the shipping carrier. Purchases are subject to the Company’s Shipping and Return Policy as described in this Section. The Company reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party, and will notify the purchaser that the order has been canceled.
Immediately after a purchase (meaning an order is placed and funds are remitted for payment) is completed on The Website, the order is sent to our production facility, manufactured, and packaged with great care. In cases of damage or defect, the return process can often be expedited by providing a digital image of the damage or defect (along with a clear description of the problem) in an email to our customer support team (firstname.lastname@example.org). In many cases, action (in the form of reprint or refund) can be taken as soon as substantiation of the claim has been provided by the customer. If the damage/defect cannot be verified over the phone or via email contact, the item may be required to return to the Company for inspection before a determination can be made as to the state of the product.
The Company will provide a prepaid return shipping label in cases where items have arrived in damaged condition or are confirmed by a Company representative to be defective. For all other cases, return shipping costs are the responsibility of the customer. Under no circumstance does the Company reimburse (or provide credit) for return shipping costs incurred by the customer. If a product is damaged or defective, the recipient must make arrangements with the Company as to how the return should be handled prior to placing the items back in transit to the Company.
You must make a request to return an item within 30 days of the item being shipped to you by the Company. You must also notify the company of any defects within 30 days of the item being shipped to you by the Company, in order to receive an exchange or credit.
You will be notified when your return is received at our facilities. If you have requested a refund, be advised that returning funds usually take 7-10 days to appear in the account used to make the purchase (depending on the processing speed of the bank that issued the funds).
If you have requested an exchange in a different size or style, an email will be sent letting you know once the reprint has been initiated. Returning dark apparel items may only be swapped for a different dark apparel style of equal or lesser value. Returning light apparel items may only be swapped for a different light apparel style of equal or lesser value. Returning non-apparel items may only be swapped for a similar non-apparel item of equal or lesser value.
16. CREATION OF CONTENT.
The Company does not endorse any Content submitted to The Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, you agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither the Company nor The Website nor any other party involved with the production of any product incorporating such Content assumes that responsibility. The Company’s production of any product depicting your Content does not indicate that the Company approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content. You understand that the technical processing and operation of The Website, including your Content, may involve
(A) transmissions over various networks; and
(B) changes to conform and adapt to technical requirements of connection networks or devices.
Payments for royalties on merchandise sales and royalty percentage earnings on Fan Club Membership dues, and any other compensation owed to you by the Company (collectively hereinafter referred to as "Earnings"), will be made within 45 days of the end of the month subject to the following:
(i) The Company maintains a statement of your Earnings. You may check your statement in the "My Money" section of your account.
(ii) The Company will pay your Earnings in accordance with the selections you make in the "Payment Settings" area in "My Money", and the Company makes the following options available:
(A) Payment as soon as you have reached the Payment Thresholds as defined below;
(B) Holding of your Earnings in your account to apply toward a purchase or future purchase on The Website.
(iii) The Company will pay you as a 1099 Independent Contractor. You must fill out and submit an IRS 1099 Form, found in the “My Money” section of your account, prior to the receiving of your first payment of Earnings from the Company. It is your sole and exclusive responsibility to pay any and all income taxes to the IRS on the Earnings received from the Company from the use of The Website and its Services, and you shall expressly hold the Company harmless of any and all claims or liabilities connected to your payment or non-payment of any tax monies due by you to any local, state and/or federal agencies or entities. In regards to the aforementioned, the Company is not and does not claim to be an expert in tax law or tax issues, and we specifically and unconditionally advise that you seek the services of a qualified and competent tax professional in regards to these matters. The Company will withhold taxes from international payments that are due if sellers do not provide us with relevant documentation such as the W8-BEN form.
(iv) Payments will be made to one person or entity per account. If, for example, you are a band with multiple members, you must designate one person or entity to receive payment for your Earnings. It is your sole and exclusive responsibility to divide and disperse funds from Earnings among your members or other claimants of Earnings funds. Under no circumstance shall the Company divide and disperse funds from earnings among multiple claimants per account. For advice on taxes in this regard, we specifically and unconditionally advise that you seek the services of a qualified and competent tax professional, and you shall expressly hold the Company harmless of any and all claims or liabilities connected to the division of funds from your Earnings from the Company.
(v) All payments will be made in U.S. dollars.
In the “My Money” Section, you may choose your method of payment (check, PayPal or Direct Deposit, if applicable). The Company, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances.
Payment Thresholds mean: $100 USD for payments by check and $50 USD for payments using PayPal or Direct Deposit. The Payment Thresholds are subject to change at any time or from time- to-time, in our sole and absolute discretion. You will be notified of any change in the Payment Thresholds.
You may request payment of your Earnings even if you have not met the Payment Thresholds, subject to payment of the following processing fees: $10.00 for any check under $100; or $5.00 for any PayPal or Direct Deposit transaction under $50. Payment will be made within 30 days of your request, and must be sent by email to email@example.com with your User Name, Legal Name, and amount requested.
In the event that a check sent to the address listed as the payee address in your account is returned as undeliverable, the Company may withhold further payments until you have corrected or updated your address.
18. INTERNATIONAL ACCESS.
The Website may be accessed from countries other than the United States, and may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use The Website outside of the United States, you are responsible for complying with your local laws and regulations. You agree that the Company can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.
19. CORRECTION OF ERRORS AND INACCURACIES.
Although we strive for 100% accuracy and an error-free Website, the information, prices and product listings on The Website may occasionally contain typographical errors or inaccuracies, and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Users, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the mercharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.
This Agreement sets forth the entire agreement between you and the Company pertaining your use of The Website and the Services offered through The Website. We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued use of the Services or The Website after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or The Website. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The Company's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.