2. Neutral Venue
Our Site provides an email marketing platform where musicians can submit their music via third party websites such as Soundcloud to numerous record labels. Demo submission links are attached to the email; these songs are not uploaded to our server. Users are solely responsible for the information they provide. OUR SERVICE IS A NEUTRAL PLATFORM. WE OFFER NO REFUNDS AND DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO CONTENT PROVIDED TO OR BY THE USERS. WE DO NOT GUARANTEE ANY RESULTS.
3. Intellectual Property
a. IP Ownership. PT The Write Rhythm owns all intellectual property rights to the Site. Site features, look and feel, design, registered and unregistered trademarks are protected by Singapore and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
b. Site Use. You will not acquire any ownership rights in the Site under these Terms. We grant you a limited, non-exclusive, non-transferable, and revocable license to access the Site solely for your own needs that do not contradict these Terms. You must not reverse engineer, disassemble or decompile any part of our Site, except and only to the extent that the applicable law expressly permits doing so.
c. Your Data. You, not PT The Write Rhythm, are solely responsible for the demo links and all other content you submit to us. We do not claim ownership of any content submitted through our Site. However, by submitting any demos through our service, you grant us a nonexclusive, worldwide license to use your band name, links to your music for our Site directory, our advertising and email marketing promotions.
d. Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our Site will be investigated if reported to our designated Copyright Agent via email: email@example.com if we believe that any material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.
4. Disclaimer of Warranty; Limitation of Liability
a. Disclaimer of Warranty. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. We do not guarantee that any content provided on the Site is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT. Some jurisdictions do not allow the exclusion or limitation of liability, so the aforementioned limitations may not apply to you.
b. Limitation of Liability. IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE DATE THE UNDERLYING CAUSE OF ACTION AROSE. Some jurisdictions do not allow the exclusion or limitation of liability, so the aforementioned limitations may not apply to you.
5. Third Party Sites
PT The Write Rhythm cannot guarantee the availability or performance of any third party services (e.g. Mixcloud, SoundCloud or payment gateways) used to support our service. Such third party services may change their operations without notice to us. Therefore, we will not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of a third party service. Third party networks have their own terms and conditions of use, and you must comply with them. Reference to any of their products, services, promises or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or vice versa.
6. User Obligations
By accessing the Site, you represent, warrant and agree that:
a. You are 13 years of age or older. If you are between the ages of 13 and 18, then your activity on the Site must be supervised by your parent or guardian.
b. You will receive no refunds. However, we may decide, utilizing our sole discretion, to provide free demo submission(s) instead of a refund.
c. You are solely responsible for the content you submit to or through the Site. Your content will not infringe anyone’s privacy or intellectual property rights, contain false or misleading information (e.g. obviously mislabeled genres of music).
d. We may contact you for reasons relating to your use of our Site. You will cooperate with us by timely responding to our reasonable inquiries related to the Site.
e. We may terminate any user account with or without notice using our sole reasonable discretion.
f. It is your sole responsibility to ensure that your use of the Site complies with all applicable laws, including, without limitation, laws relating to privacy and confidentiality.
g. You will treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
h. You assume all risks and all costs associated with your use of the Site, including, without limitation, any Internet access fees and back-up expenses.
i. You will treat all Site users and administrators respectfully, online and offline.
j. We may withdraw or change our Site in any way we deem appropriate without prior notice to you. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period to registered users or visitors.
7. Prohibited Conduct
You must not:
a. Harvest email addresses from communications sent through our Site. Those email addresses can only be used for the intended purposes, not spam or any other communication.
b. Use the Site for any illegal purpose, link to, copy or republish copyrighted material without permission from the rights holder.
c. Create more than one account or impersonate anyone else.
d. Use the Site to defraud, stalk, defame, bully, or intimidate anyone.
e. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
f. Impersonate any other person or entity.
g. Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication (spam) without our prior written consent.
h. Access the Site to build a competing service.
i. Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the Site.
j. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site.
k. Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
l. Otherwise attempt to interfere with the proper working of the Site or anyone’s use and enjoyment of it.
9. Monitoring and Enforcement; Termination
We have the right to take any action that we deem necessary or appropriate if we believe that a user violates these Terms, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:
a. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.
b. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
d. Take appropriate legal action.
10. Linking to the Site
a. You may link to our Site in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
b. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
b. Relationship of the Parties. You and PT The Write Rhythm are independently contracting parties. No agency, partnership, joint venture, employment relationship is intended or created by these Terms. Neither party shall have any authority to act for, bind, make any representations or warranties, or assume any obligation or responsibility, express or implied, on behalf of the other party, except as specifically authorized under these Terms or by written direction of the other party.
c. Governing Law and Arbitration. By accessing the Site, you agree that any legal matter that may arise between you and us relating to the Site shall be governed by the laws of Singapore. Any dispute relating in any way to your visit to the Site or your use of our service shall be submitted to confidential arbitration in Singapore, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the Singapore International Arbitration Centre. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
g. Contact. Please direct your questions, comments, feedback, requests for technical support and other communications relating to the Site to our customer service representative at firstname.lastname@example.org