Dated and Effective: May 26, 2017
WHO CAN USE THE SITE
To access and use the Site, you must be 13 years or older. For certain activities on the site, such as registering for a Rink Studios account, uploading music or participating in promotions, you must (1) be 18 years or older (or at least the age of majority in your state or jurisdiction), or 13 years or older and have your parent or legal guardian’s consent; (2) be able to enter into binding contracts with us; and (3) live in a country where the Service is available.
USE OF CONTENT
“Content” means anything you make available to us or that is available to you through the Service. For example, Content may include audio and/or video recordings (“Recordings”); images, photographs or other artwork, such as song thumbnails or album covers; information about songwriters or artists, such as names, likenesses, voices, performances, or bios; and texts, messages,social media or community (e.g. chat) posts, or playlist compilations. You are solely responsible for obtaining the rights from third parties, in writing, to any Content that you submit or post. For example, you must have written permission from the photographer and anyone depicted in a photograph; the videographer, crew, and anyone who wrote or performed in a song or video; and anyone who designed album covers or artwork; and releases from any locations where you recorded or filmed.
Your Use of Content on the Service
You can’t use the Service to steal music, artwork or other material, or in a manner that infringes the copyrights, trademarks, rights of privacy or publicity or other rights of anyone else. You can use the Content as permitted by these Terms of Service on a limited, non-exclusive basis for so long as it is available through the Service. The Service and its Content is for your personal, non-commercial use only. If you want to play the Service for patrons in your restaurant, bar, or other types of commercial use, you must obtain our written consent. Please send us a written request describing your proposed use, by email or U.S. mail and do not use the Content until you receive our written approval. You can share the Service and any Content and include a hyperlink to the Site, as long as you don’t imply any sponsorship or endorsement by us or anyone else. We ask that you provide source credit back to our Site, where possible. You do not own any Content that you may access through the Service (other than your own Content). You can’t copy, distribute or use any Content belonging to someone else, except as permitted by these Terms of Service. The Content, including any related copyrights, trademarks, service marks and logos, belongs to us or our licensors, and is subject to protection under United States and foreign laws and international conventions. You can’t change any copyright or other proprietary notices on or in the Content. You must seek and obtain our written consent to use THE RINK STUDIOS™ name, logo, trademarks, service marks, product / service names, or those of its partners, sponsors, advertisers, vendors or customers. We may offer certain Content separately or in bundles, and we reserve the right to change any bundled Content at any time without notice to you. If you do not accept the proposed change, you can terminate your account and stop using the Service.
Our Use of Your Content
By submitting or posting Content to the Service, you agree to these Terms of Service and our License Agreement. If you do not agree to the Terms of Service and the License Agreement, please do not submit or post any Content and do not use the Service. Through our own proprietary technology or through accounts with third party providers, we will market, sell and distribute your Content, and then collect and distribute to you any payments that may be owed to you. You must only submit material that you own or that you have written permission from the owner to use. When you submit Content to the Service, you grant us the non-exclusive, worldwide, perpetual, royalty free right to sell, distribute, reproduce, market, promote, sublicense and otherwise exploit that Content by any means or media, including downloading, streaming, cloud services or hard copy distribution, through internet consumer stores (e.g., iTunes), digital sharing sites (e.g., YouTube); and brick and mortar distribution; and to collect all income derived from such uses. Your song cannot be available on any third party sites, or through any third parties, that we use for distribution or our further distribution through those avenues may be blocked. Your Content will remain on the Service until we determine it should be removed or until you request removal or cancellation of your account. We will archive your Content and may allow users to access Content in the archive for playback, sharing and other purposes until the Content is removed or your account is closed, or as otherwise provided in these Terms of Service. However, you should keep copies of your Content as we are not a digital storage facility and we may delete Content in accordance with our retention policies. You understand and agree that we can share your Content with others, and that once your Content is posted to third party sites such as Facebook, Instagram, Snapchat, Twitter, or TuneCore, it will be governed by the terms and conditions of those third party sites. You agree that we can modify the Content (e.g., for format or length) and incorporate it into other works in connection with the marketing, distribution and sale of your Content. When you submit your Content to us, you are confirming that it does not violate or infringe the rights of any third parties, including other sites or services that may have rights to use your Content.
You agree that we, and our third party providers, can freely use Content submitted to any public posting areas of the Service, such as any ratings, reviews, or comments areas, in any medium and for any purpose. We don’t have to identify you as the author of any of your postings, but we are allowed to use your name, city and state, or screen name, if we so choose. We don’t have any obligation to monitor, review or edit any Content, but we reserve the right to delete, move or edit any Content for any reason or for no reason, in our sole discretion and without notice to you. We are not responsible for any Content posted by users of the Service. Any opinions or views expressed are solely those of the user.
Prohibited Content and Behavior
You are not allowed to:
1) Frame any of the Content, or incorporate any Content into another website or other service, except as permitted by these Terms of Service;
2) Interfere with, or prevent, other people from using the Service;
3) Use the Service to impersonate any person or entity, or misrepresent your affiliation with a person or entity;
4) Interfere with or disrupt any servers or networks used to provide the Service or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Service;
5) Use the Service to engage in any unlawful or fraudulent activity, or to cause injury or damage to any person, company or property;
6) Hack, password mine, or otherwise gain unauthorized access to the Service, or any account, computer system, or network connected to the Service;
7) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
8) Use the Service to post or transmit any materials or communications that we deem to be unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation any transmission constituting or encouraging conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
9) Use the Service to violate or infringe upon the rights of others, including the copying or posting of material that is an invasion of privacy or violation of publicity rights or that is protected by copyright, trademark or other proprietary rights. You must first obtain permission from the owner or rights holder;
10) Use the Service to bully or harass anyone;
11) Use the Service to post or transmit any information, software or other material that contains a virus, bugs, worms, Trojan horses or other harmful component;
12) Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except as permitted by these Terms of Service;
13) Use the Service to advertise or solicit, or to buy or sell products or services, or to make donations of any kind, without our express written consent;
14) Gather personal data about, or the email addresses of, other Service users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email; or
15) Repeatedly post the same or similar Content or otherwise burden the Service’s infrastructure, or take actions that disrupt the normal flow of postings and dialogue on the Service (such as submitting an excessive number of postings), or that otherwise negatively affects the functioning of the Service.
We reserve the right to deny access to the Service to anyone who violates these Terms of Service or who, in our reasonable business judgment, interferes with the ability of others to enjoy the Service, or infringes the rights of others. You agree that our decisions on these matters will be final.
INTERACTIVE FEATURES OF THE SERVICE
The Service may include a variety of features, such as ratings, reviews, and comments, which allow feedback to us and real-time interaction between users. You alone are responsible for any information or material that you might post or send. We have the right but not the obligation to monitor ratings, reviews, comments, or other areas of the Service through which users can supply information or material. We also reserve the right at all times to preserve or disclose any information we believe necessary to satisfy any law, regulation or governmental request, or due to health or safety concerns, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion may be objectionable or in violation of these Terms of Service.
REGISTRATION; ACCOUNT ACCESS; IDENTITY PROTECTION
You are responsible for the use of your account. We use user and account recognition technology so that you don’t always have to type in your user ID or password when you visit the Service. You should protect your account password and other account information, and log out when you are not using the Service. We are not responsible for any loss or damage if you do not protect your password or account information. We reserve the right to place any account on hold anytime with or without notification to you in order to protect ourselves, our partners, and our customers from activity we believe may be fraudulent or that may pose a threat or danger to the health, safety or welfare of any person, property or company. We will not offer credit or discounts for holds placed on an account by either a representative or by our automated processes. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
FREE TRIAL OFFERS; PROMOTIONS; CONTESTS
We may sometimes offer limited-time free trials or other promotions through the Service. You will be governed by the specific terms of such offers and promotions, as well as these Terms of Service. We will run contests through the Service, and you will be governed by the contest rules as well as these Terms of Service. These contests may require that you provide personal information and that you upload audio or video recordings and related artwork, or other Content. When you upload or submit any Content, you are telling us that you have all the necessary rights from any third parties to allow us, and our affiliated parties, partners, and sponsors to use your Content. If you do not have all the necessary rights for us to use your Content as contemplated by the Service, then you should not upload it or share it with us.
MODIFICATIONS TO THE SERVICE
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part of it) without notice to you. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You should periodically check back for updates to these Terms of Service. You won’t receive any other notice unless it is required by law. If you do not agree with any changes made to the Service, your sole remedy is to stop using the Service and cancel your account. By continuing to use the Service after the Terms of Service are changed, you accept the Terms of Service.
These Terms of Service shall remain in full force and effect while you use the Service or any related application, or as long as you maintain an account with us. You can request that we remove all or part of your Content at any time without closing your account. Please send requests for Content removal to the email address in the Contact Us section of the Service.
You can cancel your account at any time by sending an email to the address indicated in the Contact Us section of the Service. If you cancel your account, all of your Content will be removed from our Service as promptly as reasonably possible. We will not be responsible for notifying third parties if your Content has already been shared on third party sites, and we will not be able to scrub third party sites to remove your Content. We will maintain your personal information for a reasonable time after the end of the next reporting period so that we can send you any statements or payments that may be owed to you, and thereafter we will remove your information from our system except as needed for reporting purposes (e.g. tax reporting, if required).
We may periodically close and remove inactive accounts. We reserve this right as to accounts on which there has been no activity for at least twelve (12) months. We can further cancel or disable access to your account or to any of your Content on our Service (i) at your request, (ii) if we shut down the Service or stop doing business, (iii) if we reasonably believe that you have violated these Terms of Service, (iv) if necessary to prevent injury or damage to another person, property or company, or (v) if requested by a government or administrative authority. We will not reimburse you for any fees if your account is cancelled or disabled. You agree that we can freeze any revenues in your account if we believe in good faith that you have violated the Terms of Service, and you forfeit those revenues if in our reasonable business judgment, we believe that you have engaged in fraud or other unlawful or unauthorized activity, or if the information you provided to us is untrue, inaccurate or incomplete
WITHOUT LIMITING THE TERMS OF SERVICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICE AND ITS CONTENT, TO ANY PERSON OR ENTITY FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR LACK OF USE, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, VIOLATION OF THE ACCEPTABLE USE POLICIES SET FORTH HEREIN, OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR ACCOUNT AND USE OF THE SITE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION AND WITHOUT LIABILITY TO YOU OR ANY THIRD PARTY.
CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. THIS PARAGRAPH APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS. IF THESE LAWS APPLY TO YOU, YOU MUST EMAIL US WITHIN THREE (3) DAYS TO CANCEL YOUR ACCOUNT OR ANY TRANSACTION.
THIRD PARTY SITES
The Service may provide, or third parties may provide, links to other websites or resources. We do not control and will not be responsible for any such external sites or resources, or their content, including, without limitation, any advertising, products, promotions or other materials that may be available to you. We use third party providers for streaming services, and you will be subject to their terms of service, privacy policies and other licenses, permissions and restrictions. If you are going to use our Service, you must also agree to the Terms of Service and policies of our third party provider(s), all of which are incorporated by this reference into these Terms of Service. For music streaming, you may review our third party provider’s Terms of Service and other policies at the relevant links provided at tunecore.com.
GENERAL PRACTICES REGARDING USE AND STORAGE OF CONTENT
We may establish general practices, limits and restrictions concerning use of the Service, and the posting and archiving of Content, information or materials by users of the Service. We reserve the right to change these general practices, limits and restrictions at any time, in our sole discretion, with or without notice. These restrictions may include a limit on the number of days that ratings, reviews, or other submitted Content will be displayed on the Service and/or retained by us, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. We assume no responsibility or liability for the deletion, corruption or loss of any Content submitted by you, or for our failure to receive or store submitted Content for any reason, including without limitation malfunctioning of any network, hardware or software.
THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, VENDORS, ADVERTISERS, SPONSORS AND LICENSORS (FOR PURPOSES OF THIS PARAGRAPH, THE “RINK STUDIOS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND OUR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS. THE RINK STUDIOS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON THE SERVICE, OUR E-MAILS, OTHER ELECTRONIC COMMUNICATIONS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE, AND THE RINK STUDIOS PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) LOSS OR DAMAGE OF ANY KIND RESULTING FROM ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING WITHOUT LIMITATION USER INFORMATION, DATA, OR SUBMISSIONS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS AND USE, THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERIVCE; (E) ANY CORRUPTION OR LOSS OF DATA TRANSMITTED TO OR FROM THE SERVICE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE RINK STUDIOS PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY TRANSACTIONFOR A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You agree to indemnify and hold us and our subsidiaries, affiliates, vendors, advertisers, sponsors, licensors and other partners, and the directors, officers, agents, attorneys and employees of each, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of our Terms of Service, or your violation of any rights of a third party, or any such violation by others you authorized to use your account
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS, THIRD PARTY PROVIDERS, VENDORS, ADVERTISERS, SPONSORS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS, THIRD PARTY PROVIDERS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. 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.”
WAIVER OF JURY TRIAL; NO CLASS ACTIONS; TIME LIMITS
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE THE RIGHT TO TRIAL BY JURY. EACH OF US CAN BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION OR PROCEEDING. UNLESS WE BOTH AGREE OTHERWISE, THE ADJUDICATOR OF THE DISPUTE CANNOT PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. YOU WILL ONLY BE ENTITLED TO RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) BASED ON YOUR INDIVIDUAL CLAIM. ANY RELIEF AWARDED WILL NOT AFFECT OTHER USERS OF THE SERVICE. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one year after such claim or cause of action arose or it will be forever barred. This includes any accounting to you or claims based on statements provided to you.
GOVERNING LAW AND JURISDICTION
Our servers are located in the United States, and you agree to be governed by the laws of the United States other than its conflict of laws provisions. These Terms of Service, and any dispute between us, shall further be governed by the laws of the State of California, and any claim or dispute between us shall be resolved exclusively by a state or federal court located in Los Angeles County, State of California. You agree to submit to the personal jurisdiction of the courts located within such country, county and state. Each party will bear its own legal fees in connection with any such dispute or claim.
These Terms of Service will survive the termination or expiration of the agreement between you and us for as long as necessary to fulfill such purposes. We do not waive any rights due to any failure to exercise or enforce such rights. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, unenforceable or illegal, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in these Terms of Service, and the other provisions of the Terms of Service shall remain in full force and effect.
NOTICE OF VIOLATIONS OR COPYRIGHT INFRINGEMENT
If you become aware of any violations of these Terms of Service, or if you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Service in a manner that constitutes copyright infringement, please send an e-mail to firstname.lastname@example.org or notify us by mail, with confirmation of delivery, to:
THE RINK STUDIOS
1031 Del Paso Boulevard
Sacramento, CA 95815
Attn: COPYRIGHT CLAIM
For copyright violations, you must include the following information:
(1) a detailed description of your copyrighted work;
(2) the name or location of the allegedly infringing material on the Service;
(3) your contact information, including your name, address, telephone number, and, if available,email address;
(4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.