Last Amended: September 4th, 2014
The only official address of this document is:
Welcome to Trust Music®.
TrustMusic® is a registered trademark (USPTO #4759354).
SUMMARY OF THIS DOCUMENT:
"Trust Music", "TrustMusic", "we", "our", the "Team", or "us", refers to the provider of these services.
The "Platform", "Portal", "Website", or "trustmusic.com", refers to all services, tools, applications, software, and data provided by Trust Music available at trustmusic.com and its subdomains.
A "User" refers to a person or company, accessing, downloading, streaming, or viewing data, on or from, the Platform.
A "Member" refers to a User who registers an account ("Sign Up", or "Join") on the Platform.
The "Artist", the "Music Maker", or "Producer", refers to a type Member who Signed Up on the Platform though a process designed to provide them the ability to upload or publish media or artistic Content on the Website.
The "Profile" refers to all data, tools, applications, softwares, and features, related to an Artist and, made publicly available on the Website or made available to a Listener.
The "Profile Address" is a name associated to an Account allowing the Profile of this Account to be available at the web address trustmusic.com/profileaddress, where "profileaddress" is the relevant Profile Address.
The "Listener" is a User accessing, downloading, streaming, or viewing, data from or through any page, tool, application, or software, of an Artist, from their Profile or from any other tool provided by Trust Music.
The "Account" refers to the tools and features made available to a registered Member, through which the Member may review or modify some of their personal data stored on the Platform.
A "Referrer" is the Artist by whom another Artist is invited to the Platform, or the Artist who provided another Artist the ability to Sign Up on the Platform. An Artist may only have one Referrer.
A "Guest" is an Artist referred by a Referrer. An artist may have multiple Guests.
A "Referral" or "Invite" is the action performed by a registered Artist through the appropriate feature of the Platform, allowing a non-Member to register an Account as a Guest of this Artist.
A "Blind Invite" is a type of Referral giving a person the non-guaranteed opportunity to be Referred by a registered Artist. (further described in section 5. REGISTRATION AND REFERRAL)
The "Content" refers to all data and information of any type, available on the Platform, including, but not limited to audio, video, text, photos, pictures, graphics.
"Your Content" refers to the Content you uploaded or published, requested to upload or publish, on the Platform provided you own all rights on such data or information.
A "Music" refers to the audio Content uploaded to, or published on, the Platform, by an Artist and available in their Profile.
If you do not agree to any of the provisions set out in those documents, you should not use the Website nor any of the Services we provide.
3. DESCRIPTION OF THE PLATFORM
The Platform is a hosting service available to selected Artists.
These Artists may submit, upload and post audio, video, text, photos, pictures, graphics, and other Content, which will be stored by TrustMusic at the direction of such registered Members, and may be shared and distributed by such Members, and other Users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, and elsewhere.
The Platform enables any Users (who may or may not be registered Members of the Platform) to view, listen to, download and share Content uploaded and made available by registered Members.
The Platform also enables Users to make a payment before and after downloading the content published on the Website by an Artist (please refer to "9. MEDIA DOWNLOAD AND PURCHASE" for more details).
4. LIMITS OF USE
- You must not copy, rip or capture, or attempt to copy, rip or capture, any video or graphic Content from the Platform or any part of the Platform.
- 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.
- You must not employ scraping or any other techniques to aggregate, repurpose, republish or otherwise make use of any Content from the Platform.
- You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of a Content or the activity of Users on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to perform any action on the Platform. You must not offer or promote the availability of any such techniques or services to any User of the Platform.
- You must not purchase your own Content from the Platform, directly or through a company you are part of, or ask a third party to purchase this Content for you.
- You must not suggest or encourage to pay or not to pay, or suggest any price, for any Content of the Platform.
- You must not use the platform if you signed a contract of any exclusivity with a third party, or if you agreed with a third party not to sell your music under a particular price.
- You must not use the Platform in any way that is contrary to its concept as described by TrustMusic in any documents, pages, videos or guidelines, or in a way that alters the purpose for which the Platform was designed.
- You must not call the purchases made on, or through, the Platform "donation(s)", or mislead Users regarding the nature of the payments, downloads and/or purchases made on the Platform.
- You must not alter or remove, 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), including the tags stored in the audio and/or video files downloaded from the Platform.
- You must not alter in any way, convert, encode or re-encode any audio and/or video Content obtained from the Platform (other than Your Content)
- 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, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
- You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in TrustMusic's reasonable discretion;
- any information, Content or other material that violates, plagiaries, 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
- any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in TrustMusic's reasonable opinion;
- 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.
- 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.
- You must not rent, sell or lease, access or referral to the Platform, or any Content on the Platform.
- You must not sell or transfer, or offer to sell or transfer, any TrustMusic Account to any third party without the prior written approval of TrustMusic.
- You must not Refer or send an Invite to yourself, or register multiple Accounts, unless you are publicly known as a multi-artists management company or agent and can justify it with legal documents.
- You must not define any password on the Platform that is identical or similar to the password of any of the email addresses provided or associated to TrustMusic.
- You cannot change your password, change the email address associated to Your Account, or Terminate Your Account, if you recently changed your password or changed the email address associated to this Account.
- You must not apply for a Blind Invite if you already registered an Account even if this Account was terminated by TrustMusic.
- 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 publishing any Content using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another User, or any TrustMusic employee.
- 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.
You must not collect or attempt to collect personal data, or any other kind of information about other Users, including without limitation, through spidering or any form of scraping.
5. REGISTRATION AND REFERRAL
You are not obliged to register to use the Platform. However, access to certain Services is only available to registered Users (The "Members").
The right to register an Account on the Platform may not be granted to every User, person or company; this right may only be given by Members via referrals or by TrustMusic, in their sole discretion.
Members and TrustMusic have no obligation of Referral. You must not request or suggest a Member to refer you via unsolicited messages, through the use of any form of intimidation, or any other type of harassment. You must not sell, buy, rent, lease, offer to sell, buy, rent or lease, any referral.
The number of Referrals a Member may send is limited and TrustMusic reserves the right to change this limit in the future, disable it for any Account for reasons it considers justified, make it relative to various parameters or statistics of the Member's Account, remove the Referral feature from the whole Platform, and/or make registrations available to anyone.
You may apply for a Blind Invite on the platform in order to have the non-guaranteed opportunity to be Referred by a registered Artist. Artists have no obligation of Referring, and may or may not refer based on their own personal tastes and musical judgment in their sole discretion. TrustMusic has no obligation to find a Referrer for you. You must not apply for a Blind Invite twice in 30 days, or if you already registered an Account as an Artist unless you are publicly known as a multi-artists management company or agent. Blind Invites must be anonymous, you must not provide or attempt to provide any contact information or means to discover your identity in the nickname you post or in the audio file you upload. You must own all rights of the Content you upload or post on the Platform when applying for a Blind Invite and at any other occasion. Violation of any of these conditions may result in persecutions, termination of Your Account, and/or any other action TrustMusic considers necessary. These actions may be retroactive and are not limited by time except by law. The Content you upload when applying for a Blind Invite may be stored on TrustMusic's servers until termination of Your Account.
By registering an Account You ("Member") understand and accept that the Member who referred you (Your "Referrer") and the Members who successively referred one another until Your Referrer using the referral features provided by the Platform will receive a part of the profit generated on the Platform by Your Content and by the Content of your Guests, as described in "10. REPARTITION OF INCOME", and that Accepting to register Your Account through referral automatically creates a Link (hereinafter "Link") between Your Account and the Account of your Referrer and their Referrers Accounts, regardless of the types of Referral; and you understand and accept that you cannot break this Link unless you terminate Your Account. You also understand and accept that if the Account of any of these related Referrers is terminated, some of the aforementioned Links may be broken and you must not request or receive any type of compensation or settlement, modify or request to modify any condition of these terms, or claim any right, related to such terminations.
By Referring someone through any type of Referral provided by the Platform, you understand and Accept that the Member you refer (Your "Guest") and the Members Your Guest refers and will refer, are tied to Your Account through the same type of aforementioned Link, and you understand and accept that you cannot break this Link unless you terminate Your Account. You also understand and accept that if the Account of any of these related Guests is terminated for any reason, some of these Links may be broken and no refund, credit, interest, settlement, modification of conditions, or compensation of any kind will be issued in relation to such terminations.
You must not request or expect any performance, success, popularity, quality, or results from any other Member whether or not they are related to Your Account as Guests or Referrers, and you must not contact them, harass them, use any form of intimidation, or put any pressure of any kind on a Member regarding such expectations.
You must not claim or request, at anytime any rights on the Content, Statistics, or any other work, data or information of other Members whether or not they are related to Your Account as Guests or Referrers, at the exception of the income shared through referral as described in "10. REPARTITION OF INCOME".
6. YOUR ACCOUNT
You are solely responsible for maintaining the confidentiality and security of your login credentials, password, and all information available on Your Account, including, but not limited to, your statistics and the statistics of your Guests, and for maintaining the security of the email account(s) associated to Your TrustMusic Account, and you will remain responsible for all use of your login credentials and password, information received from us to your email account, and all information and activity emanating from Your Account, whether or not such activity was authorized by you.
If your login credentials or password are lost or stolen, or if you believe that Your Account has been accessed by unauthorized third parties, you are advised to notify TrustMusic in writing, and should change your password and/or email address associated to Your Account, at the earliest possible opportunity.
We reserve the right to accept, reject, cancel, and terminate the Account or the registration of an Account to any User, person or company in our sole discretion. Although we do not discriminate any race, gender, religion or sexual orientation, we wish to keep a positive spirit on the platform and we may reject or block any Account we consider responsible for bringing negative Content to the Platform or Content susceptible to generate negative emotions for the Users of the Platform. We ask our Members to follow the same ethic.
We reserve the right to terminate any Account if the activity of its Member is non-existent or nearly non-existent for a time we consider too long in our sole discretion, or if the contact information provided does not allow us to reach this Member.
Profile Addresses of the Accounts are limited by format and availability, and we may automatically or manually disallow the assignation of a Profile Address to any Account in our sole discretion. TrustMusic claims all rights on the Profile Addresses. Members do not have any right of ownership on Profile Addresses.
We reserve the right to disallow, cancel, remove or reassign an Account or Profile Address if a popular figure publicly known by the Profile Address used for the Account is requesting this Address and that the activity of the Account and/or the choice of Profile Address by the relevant Member does not seem justified to Us, in our sole discretion.
You may terminate Your Account at any time as described in the "24. TERMINATION" section below.
Any and all audio, video, 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 TrustMusic.
TrustMusic 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 the section "4. LIMITS OF USE" you must not upload, store, distribute, send, transmit, display, perform, 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 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) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of Your Account and your access to the Platform as described in the "18. REPEATED INFRINGERS" section below, may result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder, and may result in the obligation for all Users of Accounts that received income from such Content to return all funds, credits and tokens received from this Content whether these Accounts received such income directly of through Referral.
The Platform restricts or blocks automatically or manually the access and the quantity and/or frequency of Content you can upload, download, listen to, watch, stream, share, post, or publish, to or based on, ip addresses, email addresses, Accounts, Account statistics or parameters, or any credentials. For example, the number of Musics you can upload is subject to automatic limitations based on statistics of Your Account. These limitations are subject to variations or change. You may not expect TrustMusic to overwrite any of these limitations.
Whilst TrustMusic uses reasonable endeavors to insure integrity, accuracy, quality, authenticity, and availability of its Content and the Content uploaded or published by the Members, TrustMusic does not have any obligation on, and cannot guarantee the integrity, accuracy, quality, authenticity, or availability of any Content or service. No refund, credit, interest, settlement, modification of conditions, or compensation of any kind will be issued in the event of a failure or unavailability of any system or feature of the Platform, or in the event of any corruption of data hosted or provided by the Platform, or in the event of lateness or delays in providing or accepting any service or Content.
We may, from time to time, invite or provide you with means to give us feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and TrustMusic shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
8. GRANT OF LICENSE
The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio and/or video Content, and any images or text within Your Account, will terminate automatically when you remove such Content from Your Account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of Your Account.
Removal of audio and/or video Content from Your Account will automatically result in the deletion of the relevant files from TrustMusic's systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is shared or distributed to a Linked Service, TrustMusic is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any User of the Platform or any Linked Service deletes any item of Your Content.
Any Content other than Your Content is the property of the relevant Artist, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform or with the express written consent of the Artist. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Artist.
9. MEDIA DOWNLOAD AND PURCHASE
Without prejudice to the conditions set forth in the section "4. LIMITS OF USE", you must not use any Content downloaded, streamed, or retrieved in any way from the Platform for any other purpose than personal and private use, except with the permission explicitly stated by the rightsholder(s) of the Content, and you must not reupload, repost or republish any of the aforementioned Content.
All payments made on Trust Music are purchases and not donations, even when the amount is determined by the payer.
As an Artist you acknowledge that Users have or may have the option to determine the price and/or to set a null price when, before, or after downloading Your Content, and/or in order to download Your Content. Therefore, Users may have the ability to download Your Content for free and without any compensation. Users may also be unable to download Your Content before determining a price themselves. Artists do not have the option to define any minimum, maximum, or any other limit of price for the Content they upload, post or publish on the Platform. The freedom given to the User to determine the price of Your Content is one of the main features of the concept of Trust Music and may not be subject to change. Trust Music is not responsible for the dollar amounts entered by the Users on the platform. You must not use the platform if you signed an agreement with a third party that limits in any way the price at which you are allowed to sell your music.
No refund, credit, interest, settlement, modification of conditions, or compensation of any kind will be issued to a Payer or any User after download or purchase of any Content, other than requested by law. Users may have the ability to increase the amount of a previous purchase or download, whether this amount was null or not, by making additional payments on the Platform (usually using a feature named "Edit Cart") and TrustMusic does not have any obligation of providing or maintaining such feature. The aforementioned additional payments for an original purchase or download does not grant you any additional rights on any service or Content. Such payments are only a retroactive adjustment of the amount paid or not paid for a purchase or download.
TrustMusic is not responsible for the payment methods offered, or any other feature provided by any third party website or service (for example PaypalTM). You should not use TrustMusic if you do not have access to a payment method proposed by third party websites used by TrustMusic, or as an Artist if you believe that your Listeners do not have such access.
10. REPARTITION OF INCOME
When a payment is made on or for the Platform, all fees related to the processing of the transaction, and all sales taxes are at the charge of the payer. The repartition of income among all parties (as described hereinafter) is based on the amount left after deduction of the aforementioned fees and taxes (hereinafter "Sale Income").
When a payment is made on or from the Platform in relation to the download of a Music, the relevant Artist's Account rightsholder of this Music is credited by 70% of the Sale Income for this Music, TrustMusic receives 15% of the Sale Income, and 15% of the Sale Income (hereinafter "Referrers Income") is shared among the successive Referrer(s) related to the aforementioned Artist as follows: The Member who directly Referred this Artist ("The First Referrer") receives the half of the Referrers Income, the other Members who successively Referred one another before referring The First Referrer each receive the half of what their Guest received, up to 7 Members away from the aforementioned Artist.
If the Account of any Referrer concerned by a Referrers Income was Terminated, the Link of income share is broken. No Member can receive any Referrers Income, from or through, any Terminated Account.
All amounts credited to an Account balance at any time are truncated to 4 digits (a cent of penny).
TrustMusic receives all leftovers from the repartition of income, including, but not limited to, the Referrers Incomes related any and all Terminated Accounts and truncations.
If you are a Member and that Your type of Account provides a balance feature, you may, from time to time, have the option to purchase Music on the Platform using this balance. In this case, TrustMusic does not take any income from the transaction. For example, for a typical Music purchase, the Artist would receive 82.35% of the Sale Income and the Referrers Income would be 17.65% of the Sale Income, instead of 70% and 15% respectively.
TrustMusic reserves the right to modify, at any time and for any reason, any of the rules and conditions governing the repartition of income among parties, including, but not limited to, the percentages of repartition and the number of Referrers successively receiving the Referrers Income. In the case of major modifications, TrustMusic shall use its reasonable endeavors to notify Members of such decision in advance. Artists are free to Terminate their Account at any time.
11. PAYMENTS BY TRUST MUSIC
All payments issued by TrustMusic to any Artist of the Platform (hereinafter "Transfer(s) of Balance") are proceeded under the following conditions:
- the relevant Artist must make a request of payment using the relevant feature provided by us on the Platform (usually named "Transfer my balance") and enter through this feature a valid Amount, equal or greater to the relevant Account balance on the Platform; AND
- the amount requested by the relevant Artist must be equal or greater to fifty United States Dollars, and therefore, the Account balance of the relevant Artist on the Platform must be equal or greater to fifty United States Dollars at the time at which we process the request; AND
- no payment must have been executed by us to the relevant Artist in the last seven days.
Whilst TrustMusic usually processes requests of payment within 3 business days, TrustMusic does not guarantee that requests of payment will be proceeded within less than 30 days. No credit, interest, settlement, modification of conditions, or compensation of any kind may be asked in the event of lateness of payment or any other issue related to any payment, except by law.
Whilst TrustMusic intends to provide other means of payments in the future, PaypalTM is currently the only way for the Artist to receive payments from TrustMusic. You should not register an Account on TrustMusic if you do not own a Paypal account. All fees related to the processing of a transaction from TrustMusic are at the charge of the Artist.
TrustMusic uses reasonable means to ensure the security of Your Account and is not responsible for any funds transferred to an unauthorized party in the event of unauthorized access to Your Account, except if the negligence of TrustMusic is proven or by law.
If you dispute any payment made or withheld relating to the Services, you must notify TrustMusic within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. We may require you to refund us within 30 days of any payment, any amounts we may have overpaid to you in prior periods.
If we realize that some purchases related to Your Account were made in any context of fraud, fictive payments, or through any other illicit or malicious request, we will cancel these payments, we may block or terminate Your Account, and we reserve the right to request refunds from you and to initiate prosecutions against you.
12. EMAIL SUBSCRIPTION
13. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to TrustMusic as follows:
- Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
- You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
- Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
- Your Content does not and will not create any liability on the part of TrustMusic, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
14. LIABILITY FOR CONTENT
You hereby acknowledge and agree that TrustMusic (i) stores Content and other information at the direction, request and with the authorization of its Users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, TrustMusic excludes all liability with respect to all Content (including Your Content) and the activities of its Users with respect thereto.
TrustMusic and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by Users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by Users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against TrustMusic or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
15. 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, (hereinafter "External Services").
TrustMusic 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, TrustMusic 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.
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.
TrustMusic 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 TrustMusic with respect to the content or operation of any External Services.
16. BLOCKING AND REMOVAL OF CONTENT
Please also note that Artists 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 TrustMusic 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 TrustMusic or the relevant Uploader.
17. REPORTING INFRINGEMENTS
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using our Contact Form and include all of the following:
- a description of the copyright work(s) that you claim have been infringed;
- the URL address(es) of the page(s) on TrustMusic involved in the infringement;
- your full name, address and telephone number, a valid email address on which you can be contacted, and your TrustMusic® login if you have one;
- a signed statement uploaded as an attachment file, claiming the rights on such Content and describing in details the infringements you discovered on our Platform;
- a signed statement uploaded as an attachment file, expressing 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
- if applies, a signed statement uploaded as an attachment file, proving that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
If you discover any Content on the Platform that you believe to be a violation of your trademark, please report this to us using our Contact Form and include all of the following:
- full details and references of the trademark;
- the URL address(es) of the page(s) on TrustMusic involved in the violation;
- official documents of registration of the trademark uploaded as an attachment file;
- official documents proving you or your company own this trademark, uploaded as attachment file(s); and
- official documents allowing us to verify your identity, and the ownership of the company if applies.
18. REPEATED INFRINGERS
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 is inappropriate and violates our 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 TrustMusic at its discretion.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPLICATIONS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPLICATIONS OR OTHERWISE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".
WHILST TRUSTMUSIC USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO TRUSTMUSIC'S ATTENTION, TRUSTMUSIC MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPLICATIONS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. TRUSTMUSIC 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. TRUSTMUSIC 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 UNAUTHORISED 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.
TRUSTMUSIC AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, 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.
20. LIMITATION OF LIABILITY
IN NO EVENT SHALL TRUSTMUSIC'S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 DOLLARS OR THE AMOUNTS (IF ANY) PAID BY YOU TO TRUSTMUSIC DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
TRUSTMUSIC AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
- ANY LOSS OR DAMAGE ARISING FROM:
- YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
- ANY CHANGES THAT TRUSTMUSIC MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
- ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY'S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY TRUSTMUSIC OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
- ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
- YOUR FAILURE TO PROVIDE TRUSTMUSIC WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
- ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
You hereby agree to indemnify, defend and hold harmless TrustMusic, 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:
- 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 TrustMusic.
22. DATA PROTECTION, PRIVACY AND COOKIES
23. CHANGES TO THE PLATFORM AND ACCOUNTS
TrustMusic 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, TrustMusic shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that TrustMusic 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, Applications and/or any Services that TrustMusic 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.
TrustMusic may change the features of any type of Account, may withdraw or introduce new features, products or types of Account at any time and for any reason, and may change pricing and/or repartition of income from time to time. In the event of any increase of pricing, reduction of income, or any other cases where TrustMusic proposes to make changes to any type of Account by which you are concerned and these changes are material and to your disadvantage, TrustMusic will notify you of the proposed changes by sending an email to the current email address that we have for Your Account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate Your Account as described in the "24. TERMINATION" section below during such six (6) week period, your continued use of Your Account after the end of that six (6) week period will constitute your acceptance of the changes to Your Account.
You may terminate this Agreement at any time by deleting Your Account using the relevant feature provided by TrustMusic on the Platform, and confirming this deletion by email as requested by the aforementioned feature, and thereafter by ceasing to use the Platform. If the remaining balance of Your Account equals or exceeds $10 we will pay you this balance using the same payment method we propose for transfers as described in section "11. PAYMENTS BY TRUST MUSIC". Any earned balance below the aforementioned threshold will remain unpaid.
For safety reasons you may not be able to use the Termination feature if you changed the password and/or the email address of Your Account in the last few days. By registering an Account on Trust Music, by changing your email address, and by changing your password, you accept this limitation.
Once Your Account has been terminated, any and all Content residing in Your Account, or pertaining to activity from Your Account will be irretrievably deleted by TrustMusic, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to Your Account before terminating Your Account, as TrustMusic assumes no lability for any material that is irretrievably deleted following any termination of Your Account. TrustiMusic is not able to provide you with any .csv or other similar file of data relating to activity associated with Your Account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via Your Account page on the Website for as long as Your Account is active.
25. ASSIGNMENT TO THIRD PARTIES
TrustMusic 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 TrustMusic. 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 TrustMusic.
27. ENTIRE AGREEMENT
28. THIRD PARTY RIGHTS
29. APPLICABLE LAW AND JURIDICTION
Except where otherwise required by the mandatory law of the United States
- this Agreement is subject to the laws of the Federal of Canada, excluding the principles of conflict of laws (international private law); and
- you hereby agree, and TrustMusic agrees, to submit to the exclusive jurisdiction of the courts in Canada for resolution of any dispute, action or proceeding arising in connection with this Agreement.
.END OF THE DOCUMENT OF AGREEMENT.Click here to return to the top of this page