Terms of Service
Please read this document carefully (even though we know very few people will, it's important). By accessing the Service or by accessing or downloading any associated reports, media, materials, and/or online or electronic documentation (collectively called, "Licensed Materials"), you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you may not access or use EAN or any Licensed Materials (and, we won't be your friend or share our lunch with you).
This Agreement may be amended by EAN from time to time and, if we do that, we will send any registered user an email notifying him or her of the changes at the email the user provides EAN. If you do not register, we can't do that, and, in either case, by agreeing to this document, you agree that any such amended Agreement will be effective 30 days after our dispatch of a notice to registered users, and any continued access to or use of EAN or Licensed Material thereafter shall constitute your acceptance of the amended Agreement.
1. Are you legit?
By using EAN, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are an individual using EAN on behalf of an entity, you represent and warrant that you have all necessary right and authority to bind such entity to the terms and conditions of this Agreement. (If you are a robot using EAN on behalf of music-loving aliens, welcome).
2. User accounts
To become a registered user and be eligible to access and use parts of EAN, you must create a user account ("Account") by registering on the site. Not all EAN services require registration and we reserve the right to change which ones do and do not. To open an Account, you must complete the registration process for EAN by filling out the the registration form and accepting this Agreement.
We'd like you to keep that information as accurate as possible and if we suspect you're lying or not telling the whole truth, EAN has the right to suspend or terminate your use of the service.
When you register, EAN will ask you to provide a user name and password. You will be responsible for all activities that occur under your ID and therefore you should keep it confidential or at least be careful who you share it with.
3. License; Proprietary Rights
- Use of EAN.Subject to the terms and conditions of this Agreement, EAN offers registered users a limited, nonexclusive, non-transferable, non-sublicenseable and revocable license to access and use the Service. You may promote your EAN score publicly, but you have to agree that our use of EAN or downloading of Licensed Material is at your sole risk. EAN reserves the right to change or discontinue the Service (or any feature thereof) at any time, with or without notice.
- License to Materials.Subject to the terms and conditions of this Agreement, EAN grants registered users a limited, nonexclusive, non-transferable, non-sublicenseable and revocable license to download and display Licensed Materials.
- Restrictions.The rights granted to registered users in this Agreement are subject to the following restrictions: (1) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Service or the Licensed Materials or make EAN or the Licensed Materials available to any third party (it's free, so they should just register and get it themselves); (2) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of EAN or the Licensed Materials; (3) you shall not access or use EAN to build a similar or competitive product or service (plus, that would be really obnoxious); (4) you will not use any device, software, or magic trick to damage, interfere or attempt to interfere with any application, function, or use of EAN; (4) any future release, update, or other change to functionality of the EAN shall be subject to the terms of this Agreement unless EAN decides they are not.
- Proprietary Rights.EAN and our licensors and certain partners own and retain all proprietary rights in EAN and the Licensed Materials. EAN and the Licensed Materials contain the copyrighted material, trademarks, and other proprietary information of EAN and its licensors. Except as expressly specified in this Agreement, the provision of the Service and the Licensed Materials does not transfer to you or any third party any rights in or ownership of such intellectual property, including, without limitation, any intellectual property rights in any EAN or third-party content. (It's our stuff, please use it responsibly and for the intended uses).
4. Any info you give EAN
- License to Artist Data.If you give EAN any data or information, you are granting EAN a limited, non-exclusive, perpetual, irrevocable, worldwide, royalty-free right to use that info or data. By agreeing to this Agreement, you are also certifying that any info you give us is true to the best of your knowledge. (We know you're not 23 and that your self-released single did not sell 8 million copies in Paraguay). EAN has no obligation to verify any data (but we might, so, no lying).
This Agreement will remain in full force and effect while you use EAN and/or maintain an Account. You may terminate your Account at any time, for any reason, by contacting us (we'd be sad to see you go). EAN also has the right to terminate this Agreement, or suspend or terminate your access to the Service, for any reason immediately effective upon sending notice to you at the email address you provide in your Account. Upon termination of this Agreement by either party, your right to access and use the Service will terminate immediately. You agree that EAN will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement or denial of your access to or use of the Service.
6. Warranty Disclaimer
To the extent permitted under applicable laws, EAN and Licensed Materials are provided "As-is" and as available and EAN expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. EAN also does not promise any specific results or benefits from use of its service. (We think they can help your band, but we make no promises).
We also can't promise that EAN will provide accurate results or that the site and any related properties won't fall victim to bugs, viruses or other harmful code. You agree that EAN is not responsible for the timeliness, deletion, mis-delivery, or failure to store any communications or personalization or preference settings. (We work hard to make sure that bad stuff does not happen, but can't promise it won't).
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
7. Limitation of Liability
To the extent permitted under applicable laws, EAN shall not be liable to any user, or any third party, for any lost profits, indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to your use of the Service, Site, or Licensed Material under this Agreement, even if EAN has been advised of the possibility of such damages.
By agreeing to this document you agree to indemnify and hold EAN, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, brought by any third party arising out of or relating to: (a) your use of the Service, Site or Licensed Material, (b) our use of the Artist Data in accordance with the terms hereof, or (c) your breach of this Agreement.
You may not, by operation of law or otherwise, delegate or otherwise transfer your rights or obligations under this Agreement to any third party without our prior consent, and any attempt to do so will be void. (Why would you want to? Just tell the other party to sign up.)
This Agreement shall be governed by the laws of the State of Massachusetts without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree and hereby irrevocably consent to the exclusive jurisdiction of the State and Federal courts with venue in Massachusetts in any action to interpret or enforce this Agreement, and subject yourself to the jurisdiction (both subject matter and personal) of each such court and waive to the extent permitted by applicable law: (a) any objection that you might now or hereafter have to the venue of any such court in any action so instituted hereunder; and (b) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
This Agreement constitutes the entire agreement between you and EAN regarding the use of EAN and any related properties and Licensed Material. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, the parties agree that no person or entity (including any other member) shall be deemed a third-party beneficiary of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Next Big Sound to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
12. Copyright/Trademark Information
Copyright 2015, Emerging Artist Network. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Service are our property or may be the property of third parties. Certain uses of Marks require the permission of the owner. If you are interested in using our Marks for any purpose, please contact EAN for permission. (We won't be jerks about it, but we have to protect our stuff).
If you have any questions please contact us.