Acceptance of Terms.
The Service is available only to individuals who are at least 13 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.
Rules and Conduct.
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:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
ii. you know is false, misleading, untruthful or inaccurate
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
v. involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes
vi. exploits people in a sexual or violent manner
vii. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party or
viii. impersonates any person or entity, including any employee or representative of Company.
viiii. You are not allowed to download your own song to increase your revenue. 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
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.
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 express 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 - Artists.
You will set the prices for your products and services that are charged through Transactions (the "Prices") through the Site, and you may change the Prices at your sole discretion. Notwithstanding the preceding sentence, Revloud may redistribute previously purchased copies of your products to users who have, in Revloud'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 Fan 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.
Company shall be entitled to a share of the revenue you receive from Transactions (the "Revenue Share"), 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.Revloud.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.
Revloud may withhold any taxes, duties, charges or levies on payments by Revloud to you pursuant to this Agreement as may be required by applicable law, rule or regulation. Revloud shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. For Merchandise Transactions, payments received from users for Merchandise shall be directed to you, unless there is an outstanding Revenue Share owed to Company in which case such payments may be directed to Company in accordance with Company's standard policies. Revloud may retain funds otherwise payable to you if Revloud is required or chooses to provide a refund on your behalf. For Digital Content, Revloud will collect the purchase price and any applicable Fees and taxes. Revloud will pay you the gross proceeds we receive from the sale of Digital Content, minus the applicable Revenue Share and any applicable Fees (the "Artist Payout"). For Artist Subscriptions, payments received from users shall be directed to you (the "Subscription Fee"), minus the applicable Revenue Share and any applicable fees which shall be directed to Revloud at the time of each payment.
When you receive a payment for Digital Content or Artist Subscription, you are liable to Revloud for the full amount of the payment 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 Revloud to recover any amounts due to Revloud 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 Revloud 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, including but not limited to Revloud Pro or Label accounts. 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.
Revloud Pro and Label Account Cancellation and Termination of Payments. If you sign up for Revloud Pro or a Label account, you can cancel your subscription at any time by going to the relevant section of your profile page and clicking "cancel Pro subscription" or "cancel Label subscription", as applicable. Once you cancel, your Revloud Pro or Label account services will continue for the duration of the monthly billing cycle for which you have already paid. We do not issue partial refunds for unused time in a monthly billing cycle for which you have already paid, but you will not be charged for any following monthly billing cycles.
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.
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 audio-visual 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 Music to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to:
i. reproduce, distribute, 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 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 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.
To enable Company to Exploit your Music pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable, 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 any Music or Artworks to the Site:
-you represent and warrant, and can demonstrate to Company's full satisfaction upon request, that:
i. you own or otherwise control all rights to your Music and Artworks (or that such Music and Artworks are in the public domain or have otherwise been directly licensed to the Artist in writing with a grant of rights sufficient to permit the Artist to enter into this Agreement and to grant all of the rights with respect to the Artist's Music or Artworks as set forth in this Agreement (hereinafter "Direct Licensed")
ii. you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Music you upload to the Service and to the Artworks
iv. you are authorized to grant all of the aforementioned rights to the Music and/or Artworks to Company and all users of the Service.
-you represent and warrant that the use or other exploitation of your Music and/or Artworks by Company and its authorized sublicensees and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
-you represent and warrant that, to the extent you are the songwriter of any or all of the Musical Works embodied in your Sound Recordings or Music Videos, whether in whole or in part (e.g., as a co-writer), you have the full right, power, and authority to grant the rights set forth in this Agreement notwithstanding the provisions of any agreement you may have entered into with any performing rights organization ("PRO"), whether based in the Malaysia or elsewhere, or any music publisher, and that you are solely responsible for taking all steps necessary to inform such PRO or music publisher of your grant of a royalty free license to Company for the public performances and communications to the public of your Musical Works, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the public performance or communication to the public of your Musical Works.
-you represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Music as authorized under this Agreement. 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.
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.
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.
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, trojan horses, or the like (regardless of the source of origination), or
iii. for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. 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.
Because Company is not the buyer or seller in any actual Merchandise Transaction between Artists and fans 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.
Company makes no representation that the Content is appropriate or available for use in locations outside of Malaysia, 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.
Integration and Severability.
i. By uploaded content we mean:
-Music cover art
ii. By using uploading the material above you allow us to use the content you uploaded as:
-Facebook post as promotion
-Twitter tweet as promotion
You may contact us at the following address: firstname.lastname@example.org.