Terms of use for musicians

Updated: Friday January 5 2018


These Terms of Use govern your use of Musicwhim (also referred to as the "website", or Musicwhim.com, or the "Platform", or the "App" or the "Application".)

Highlights Don't post, link or otherwise make available on or through Musicwhim any of the following: - Content that is illegal or unlawful; - Content that may infringe or violate any rights of any party; - Viruses, corrupted data or other harmful, disruptive or destructive files or code - Content that violates any/all of the terms under the terms of use, or the privacy policy or the community guidelines of the Platform.

Don't

  • Create an account or post any content if you are not over 15 years of age;
  • Use Musicwhim in any manner that could interfere with, disrupt,
  • negatively affect or inhibit other Musicwhim users or that could damage, disable, overburden or impair the functioning of Musicwhim;
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other Musicwhim users;
  • Circumvent or attempt to circumvent any features designed to protect Musicwhim, Musicwhim users, or third parties.
  • We change these Terms of Service every so often. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as a mention on our homepage or via email).
  • If you access or use Musicwhim, it means you agree to all the guidelines mentioned in the privacy policy, the community guidelines and the terms of use below.

Your Content

Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Musicwhim. Musicwhim does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material as/within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights-holder. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Musicwhim shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

Your Use of the Platform

Subject to your strict compliance with these Terms of Use and our Community Guidelines at any and all times during your use of the Platform, Musicwhim grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform and to share audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the "Uploader"), and subject to the territorial availability of that feature and audio Content.

In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use and our Community Guidelines at any and all times during your use of the Platform, Musicwhim grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:

  1. Submit, upload or post Content to and keep such Content available on the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time;
  2. Participate in the community areas and communicate with other members of the MusicWhim community strictly in accordance with these Terms of Use and our Community Guidelines; and
  3. Use website provided as part of the Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Services from time to time.

The above licenses are conditional upon your strict compliance with these Terms of Use and our Community Guidelines at any and all times during your use of the Platform, including, without limitation, the following:

  1. You must not copy, rip or capture, or attempt to copy any audio Content from the Platform or any part of the Platform.
  2. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform at any and all times, except:
    1. where such Content is Your Content at any and all times during your use of the applicable Content, or
    2. as permitted under these Terms of Use, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader).
  3. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
  4. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
  5. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or un-follow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
  6. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
  7. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform (Unless the code or part of the code is mentioned to be open source), or circumvent or attempt to circumvent or copy any copy-protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.
  8. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:
    1. any Content that is abusive, libelous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in MusicWhim's reasonable discretion; any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    2. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in MusicWhim's reasonable opinion;
    3. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  9. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
  10. You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
  11. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  12. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Musicwhim employee.
  13. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
  14. You must not sell or transfer, or offer to sell or transfer, any Musicwhim account to any third party without the prior written approval of Musicwhim.
  15. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through the use of spiders or any form of scraping.
  16. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Musicwhim or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Musicwhim's servers, system or network or attempt to breach Musicwhim's data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking Musicwhim's servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Musicwhim under these Terms of Use, Musicwhim reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions at any and all times during your use of the Platform, and acknowledge and agree that Musicwhim has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

Creating Accounts

When you create an account you also agree to maintain the security of your password and accept all risks of unauthorized access to your account. If you discover or suspect any Service security breaches, please let us know as soon as possible by writing to us at: thefolks@musicwhim.com

Referral Program

If you're creating an account by entering a referral code you obtained from a studio or elsewhere, your profile on Musicwhim will have a section indicating that the user was referred to Musicwhim by the said studio for the entire time the profile exists and the same applies to a band profile.

Modifications to the Service

Musicwhim reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that Musicwhim will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.

Suspension/termination

Musicwhim may suspend and/or terminate your rights with respect to the website for any reason or for no reason at all and with or without notice at Musicwhim's sole discretion. Suspension and/or termination may include restricting access to and use of the website. If your rights with respect to the website are suspended and/or terminated, you agree to make no further use of the website during suspension or after termination. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension. If Musicwhim believes a music track(s) you have uploaded violates these (any or all) Terms, Musicwhim may make that music invisible to other users without notifying you; Your music may be visible to you, but will not appear for any other Musicwhim user. Or in some cases, permanently delete such music track(s) from the server thus removing any and all links to the music track(s) on the platform.

Disclaimers, Limitation of Liability and Indemnification

THE WEBSITE, AND ALL CONTENT ACCESSED THROUGH THE WEBSITE, ARE PROVIDED "AS IS", "AS AVAILABLE". WHILST MUSICWHIM USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO MUSICWHIM'S ATTENTION, MUSICWHIM MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, ANY CONTENT, OR ANY LINKED SERVICES. MUSICWHIM DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUSICWHIM DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION. MUSICWHIM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS , SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT. IN NO EVENT WILL MUSICWHIM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your account violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Reporting Infringements

If you discover any Content on the Platform that you believe infringes your copyright, please report this to us and contact us on thefolks@musicwhim.com Kindly, include the following in your mail:

  • a statement that you have identified Content on MusicWhim that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
  • a description of the copyright work(s) that you claim have been infringed;
  • a description of the Content that you claim is infringing and the MusicWhim URL(s) where such Content can be located;
  • your full name, address and telephone number, a valid email address on which you can be contacted, and your MusicWhim user name if you have one;
  • a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

Third Party Websites and Services

The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter "External Services"). Musicwhim does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Musicwhim does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Musicwhim with respect to the website. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and with any third party related to any External Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. Musicwhim disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Musicwhim with respect to the content or operation of any External Services.

Blocking and Removal of Content

Not withstanding the fact that Musicwhim has no legal obligation to monitor the Content on the website, Musicwhim reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, our Community Guidelines or applicable law, or is otherwise unacceptable to Musicwhim. Please also note that individual Uploaders have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and Musicwhim shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Musicwhim or the relevant Uploader.

Repeat Infringers

Musicwhim will suspend or terminate your access to the Platform if Musicwhim determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use or our Community Guidelines. If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Musicwhim at its discretion. Please note we do not offer refunds to Subscription account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms of Use or our Community Guidelines.

Indemnification

You hereby agree to indemnify, defend and hold harmless Musicwhim, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

  1. any violation by you of these Terms of Use or our Community Guidelines or privacy policy;
  2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
  3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Musicwhim.

Data Protection, Privacy and Cookies

All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by Musicwhim in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy. By accepting these Terms of Use and using the Platform, you also accept the terms of the Privacy Policy and our Cookies Policy.

Meetups

Musicwhim does not sponsor, oversee or in any way control such Meetups. You hereby acknowledge and agree that your attendance and participation in any Meetups is entirely at your own risk and Musicwhim does not bear any responsibility or liability for the actions of any Musicwhim users or any third parties who organize, attend or are otherwise involved in any Meetups.

Changes to the Platform and Accounts

Musicwhim reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Musicwhim shall use its reasonable endeavors to notify registered users of such decision in advance. You hereby agree that Musicwhim and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that Musicwhim may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories. Musicwhim may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason.

Assignment to Third Parties

Musicwhim may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Musicwhim. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Musicwhim.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

You: “You” shall refer to the user who has voluntarily or otherwise agreed to use the platform by means of signing up to the website via the registration form on the site or through Facebook or any other means.