Terms Of Use Policy – MusoSoup

1. GENERALITY

1.1.  By using our website (“Website”) and/or our App, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use our Website and/or App and should immediately terminate such usage.

1.2.  These Terms of Use may reference other 3rd party entities, nevertheless are intended to only regulate your use of this Website, and do not relate in any way to any of those other entities save as provided for herein.

1.3.  The MusoSoup service is created to serve the needs of artists and those representing artists such as PR companies (“Artists”) seeking reviews and coverage of their work (“Work/s” / “Work”) and writers, journalists, commentators, bloggers, youtubers, podcasters, and/or tastemakers (jointly and severally referred to as “Content Curators”) seeking to write, blog, podcast, webcast, or broadcast about Artists and/or Work/s or otherwise curate their Work/s (“Reviews”).

1.4.  Artist seeking Reviews may upload their Work/s to this Website in the manner (formats, size maximums etc) from time to time described on the website. Work/s may include audio and/or audio-visual recordings, videos, compositions, lyrics, photos, existing reviews and quotations, social media materials and any other materials relevant to the Artist and of potential interest to Content Curators and the wider public

1.5.  In uploading their Work/s to the Website the Artist is granting MusoSoup and Content Curators facilitated by MusoSoup the non-exclusive right to use the Work/s for the purposes of Reviews. Such rights include the rights to use the Artist’s name/s, image/s and all materials embodied in the Work/s for the purposes of Reviews or procuring Reviews. By uploading Work/s the Artist is also granting to MusoSoup the right to store the Work/s and transmit the Work/ s to Content Curators by way of electronic transmission for the purposes of procuring Reviews. MusoSoup shall have the right (but to the obligation) to include any uploaded Work/s in a MusoSoup playlist created for the attention of Content Curators and by uploading the Work/s the Artist grants to MusoSoup the non-exclusive license to include the Work/s on any such playlists without the need of payment or further formality. MusoSoup may also itself create Reviews of the Work/s or undertake minor alterations of the Work/ s for the purpose of procuring reviews (for example, without limitation, by way of editing an Artist biography).

1.6.  By uploading Work/s to the Website the Artist is warranting that they have the full right and permission to upload such Work/s (and all parts thereof) and to grant the rights to MusoSoup and/or to Content Curators herein granted. The Artist hereby warrants that the Work/s will not infringe the rights of any third parties (including copyright and/or trademarks) and hereby fully indemnify and holds harmless MusoSoup and/or Content Curators from any and all damage and liability (including legal fees) arising from any breach by the Artist of any warranty herein contained.

1.7.  MusoSoup will use reasonable endeavours to procure Reviews of uploaded Work/s. Where MusoSoup considers the Artist Work/s incomplete or otherwise unready for Reviews it will use reasonable endeavours to communicate such opinion to the Artist. MusoSoup makes no warranty or guarantee that it can procure Reviews of the Artists uploaded Work/s. In the event that an Artist has used the Musosoup Paid Service (which shall mean any service where the Artist has accepted an offer to make a monetary contribution to a Content Curators to procure Content Curators’ attention as set out from time to time on the Website) Musosoup shall return such payments to the Artist within 90 days of first payment as the Artist’s sole remedy.

1.8.  Musosoup is unable to make any warranty as to the nature of any Review.

1.9.  Artists may request (by contacting MusoSoup in writing) that Musosoup should delete any of the Artist’s Work/s. Musosoup will undertake such deletion within 30 days of such notice. Notwithstanding the foregoing, Musosoup is unable to ensure the deletion of the Work/s communicated to and held by or Reviewed by Content Curators.

1.10.  Content Curators may register as Musosoup users using our procedures from time to time notified on the Website. Musosoup may at its sole discretion decline to register a Content Curator.

1.11.  Once registered Content Creators can view MusoSoup playlists featuring Artists’ Work/s and can participate in the Musosoup Paid Service by making an offer to an Artist to Review a Work in return for a monetary contribution from the Artist towards the Content Curator’s time and costs. Musosoup reviews all such offers and upholds the integrity of the Musosoup Paid Service by ensuring that the monetary amounts are set at a level of token contributions only for a Content Curator’s time and costs and are not excessive or linked to positive reviews or otherwise amount to payola. Musosoup will block any offer that does not comply with this ethos. The Paid service is created to address the very serious financial predicament of many individual Content Curators and as such companies and corporations such as Spotify and Youtube or radio stations may use the MusoSoup service and make Reviews but may not use the MusoSoup Paid service (i.e may not make offers to artists requesting contributions of any kind).

1.12.  In the event that an Artist accepts an offer from a Content Curator it will pay MusoSoup the agreed contribution using Stripe payments and the payment procedure from time to time set out on the Website. Musosoup will then hold the paid money until the Content Creator shows evidence that the Review has taken place pursuant to the terms of the Artist’s offer. Thereafter Musosoup will release the paid monies to the Content Curator retaining 10% as a service charge (the level of such service charge may change from time to time as set out on the Website).

1.13.  Musosoup shall notify the Content Curator once the Artist has accepted an offer from the Content Curator and made a payment to MusoSoup but shall have no liability to the Content Curator in the even that the Artist fails to make full payment of the agreed sums or otherwise fails to comply with the terms of the Content Curator’s offer.

2. USE OF CONTENT; RESTRICTIONS; PRIVACY STATEMENT

2.1.  Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Use, you are not authorised to copy, print, and distribute (and modify) the content on our Website and/or our App. If it is indicated in the relevant content, you may be authorised to copy (but not modify) such content provided that (i) such use is for informational, noncommercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution associated with the content.

2.2.  You are not authorised to copy or use any software, proprietary processes, or technology embodied or described in our Website or App.

2.3.  You will comply with all applicable laws (from both your country of access and the country of hosting of our Website and App services) in accessing and using our Website and/or App.

2.4.  You acknowledge that we may use your personal information and data according to our Privacy Statement and Cookie Policy, which are incorporated herein by this reference. You hereby agree to the terms of our Privacy Statement and Cookie Policy, including any obligations imposed on you therein.

2.5.  We reserve the right to terminate your access to our Website and/or our App should we consider that your use of the same is detrimental to the Website, the App and/or or to other users.

2.6.  If accessing any part of our Website and/or our App you agree:

(1)  not to use our Website and/or App in such a way that disrupts interferes with or restricts the use of the same by other third party users;

(2)  to ensure that any information and/or materials uploaded, displayed or transmitted by you through or to our Website and/or App are not offensive, defamatory, obscene, or unlawful, and do not breach or infringe the rights (including copyright) of any person firm or corporation anywhere in the world;

(3)  not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of our Website and/or App nor attempt to transmit to or via our Website and/or App any information that contains a virus, worm, Trojan horse, or other harmful or disruptive component;

(4)  not to send ‘spam’ email or any unsolicited correspondence which is unrelated to our business to any addresses made available on our Website and/or App;

(5)  not to change, modify, delete, interfere with or misuse data contained on our Website and/or App entered by or relating to any third party user of the same.

2.7.  If we suffer loss owing to a breach by you of these terms of use, you agree to indemnify us for any such loss.

2.8.  You should satisfy yourself that you have appropriate protection against computer viruses, worms, Trojan horses or other items of a destructive nature whilst using the internet, and that your connection to our Website and/or App is secure.

3. INTELLECTUAL PROPERTY RIGHTS

3.1.  Unless otherwise indicated, the content on our Website and App is provided by MusoSoup (hereinafter also referred to as “we” and / or “us”) and/or another entity affiliated with us.

3.2.  Our Website and App and their contents are protected by copyright, trademark, and other laws of England and Wales and/or other jurisdictions. We and our licensors reserve all rights not expressly granted in these Terms of Use.

3.3.  The MusoSoup name, logo, and local language variants of the same that appear on our Website and/or App (collectively, the “MusoSoup Marks”), are trademarks or registered trademarks and/or embody reputation and goodwill. Except as expressly provided in these Terms of Use you shall not use any MusoSoup Marks either alone or in combination with other words or design elements, including in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual or any other form.

3.4. References to other parties’ trademarks on our Website and/or App are for identification purposes only and do not indicate that such parties have approved our Website and/or our App or any of its contents. These Terms of Use do not grant you any right to use the trademarks of other parties.

4. DISCLAIMERS AND LIMITATIONS OF LIABILITY

4.1.  Our Website and/or App are provided as is, and we make no express or implied representations or warranties regarding either of them. Without limiting the foregoing, we do not warrant that our Website and/or App will be secure, error-free, free from viruses or malicious code, or will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

4.2.  Your use of our Website and/or App is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including, without limitation, with respect to loss of service or data or Work/s. We will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to or arising out of the use of our Website and/or App, even if we knew, or should have known, of the possibility of such damages.

4.3.  Certain links on our Website and/or App may lead to websites, resources or tools maintained by third parties over whom we have no control. Without limiting any of the foregoing, we make no express or implied representations or warranties whatsoever regarding such websites, resources and tools, and links to any such websites, resources and tools should not be construed as an endorsement of them or their content by us.

4.4.  The above disclaimers and limitations of liability shall be applicable not only to us but also to each other entity within MusoSoup and to our and their respective personnel.

4.5.  In the event that a Content Curator fails to provide a Review or in any other way fails to comply with the terms of its offer to the Artist, MusoSoup shall (as its sole liability to the Artist ) refund any sums paid to MusoSoup by the Artist in respect of the Content Curator’s offer and the Artist expressly waives the right it may have to any other remedy or action for damages in respect of such non compliance by the Content Curator

4.6.  The above disclaimers and limitations of liability are applicable to the fullest extent permitted by law, whether in contract, statute, tort (including, without limitation, negligence) or otherwise.

5. ADDITIONAL TERMS

5.1.  If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.

5.2.  These Terms of Use are governed by English law and the English courts shall have the sole jurisdiction to hear any legal action arising between us and you

5.3.  We may revise these Terms of Use at any time in our sole discretion by posting such revised Terms of Use at the Terms of Use link within our Website and/or our App. Such revisions shall be effective as to you upon posting, unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Use by checking our Website and/or our App as applicable. Your continued use of our Website and/or our App following changes to these Terms of Use constitutes your agreement to the revised Terms of Use.

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