Dubseed Terms and Conditions

 

This agreement was most recently updated on August 1, 2016

 

Welcome to the Dubseed Terms and Conditions.

 

This is a legal agreement ("Agreement") between you and Dubseed, LLC (“Company”) stating the terms that govern your use of the Company websites and the music store, streaming service, or other services located at websites owned by Company, such as dubseed.com (referred to in this Agreement as the "Website" or “Service”, as the context requires). By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Company reserves the right to change, add, or remove portions of this Agreement at anytime. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below). Notwithstanding the preceding sentences of this section, no modifications to these Terms and conditions will apply to any dispute between you and Company that arose prior to the date of such modification.

1. Eligibility.

The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, then you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Website, including all financial charges and legal liability that he or she may incur.  Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

 

2. Content.

All "Content", including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, music, downloads or samples, and all software, artwork, graphics, video, text, interfaces, Trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Company, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. For purposes of these Terms and conditions, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the ServiceWithout the prior written consent of Company, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way. Through the use of the Website, you are permitted to listen to Samples (as defined below), and obtain digital downloads of sound recordings and related digital content, including songs, mixes and loops, which is part of the Website's Content. Some of the Content is "Product" (as defined below). The Content is only for your personal, noncommercial use.

 

3. Product License.

This is a non-exclusive, non-transferrable, terminable license agreement between you and Company. Upon your purchase or download of any Product and subject to your compliance with these Product Terms and the general terms and conditions, you are granted a royalty free, non-exclusive license in the purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections (collectively “Product”) for commercial and non-commercial use exclusively in a derivative work created by you. Your receipt of such purchase shall act as your license in the Product.

All Products remain the property of Company or its Licensor (the “Copyright Holder”) and are licensed to you only for use in the creation of a live or recorded performance that includes the licensed samples as part of a derivative musical or visual work created by you, the licensed end user.

You are not the Copyright Holder. Your use of the Product is permitted without first obtaining a separate license from the Copyright Holder provided that you modify the samples within a musical or visual context and do not present them isolated. Likewise, any Product which is a rhythm loop sample must also be combined with other types of samples or sounds to effectively form a new composition or derivative work, in a manner that is clear and distinct from the isolated rhythm loop itself.

 

4. Territory.

Worldwide.

 

5. Nontransferable.

This non-exclusive license is granted for a single user only, on a global basis, for the full copyright protection period (unless earlier terminated) and is not transferrable. Only the original purchaser of the Product has the right to embody and utilize the Product within their derivative work.

This license expressly forbids the copying, lending, duplicating, sublicensing, trading, resale, rental, loan, gift or transfer of any part of the Product or a copy thereof, in any format or via any medium, to another person or company, except in accordance with a permitted use contained herein in a derivative work created by you. You may not electronically transfer the Product or place the Product in a file-sharing or service bureau operation or a computer/sampler network.

The purchased Product may not be included, whether modified or as part of a derivative work, in any musical library or sample library product.

Any unlicensed usage will be prosecuted to the maximum extent possible by law.

 

6. Objectionable Material.

When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the Website at your own risk and Company shall have no liability to you for Content that may be found objectionable, indecent, or offensive.

 

7. Rules and conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms and conditions. The Service (including, without limitation, any Content (as defined below)) is provided only for your own personal, non-commercial use (except with respect to individual recording artists or collections of recording artists (each, an “Artist”) selling their Music (as defined below) as authorized through the Service). You are responsible for all of your activity in connection with the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

  • you know is false, misleading, untruthful or inaccurate;

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;

  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

  • involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

  • exploits people in a sexual or violent manner;

  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or

  • impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated these Terms and conditions), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.

 

8. Account Registration.

(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Company ("Registration Data") for the purposes of creating an Account, called my "Account". You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or terminate an Account and domain in its sole discretion. 

You agree that Company may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.

(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Company immediately of any unauthorized use of your password and/or account. Company shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or account, and you agree to hold harmless and to indemnify Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Company will terminate your Account. Please see our Privacy Policy for additional information.

 

9. Consent to our communication with you by E-Mail.

By establishing a Company Account, you grant permission for Company to contact you at your e-mail address as well via your social media accounts (Facebook, Twitter, Instagram, etc.).

 

10. System Requirements for Usage.

You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, play back, burn or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Content. If you need information on the specifications of any equipment, internet access or software required to use the services provided by Dubseed please contact us here. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content.

 

11. Charges and Billing.

You agree to pay for all Products that you purchase through the Website. Company may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Company to charge your credit card for the above mentioned at Company's convenience, but within (30) days of credit card authorization. YOU ARE RESPONSIBLE FOR PROVIDING COMPANY WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Company may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your "Member Account". You are responsible for any charges on your Account that are incurred by any person through your Account, and you are solely responsible for keeping your Account secure and confidential.

Company may, at its discretion, modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Company will not be liable to you or to any third party should it exercise such rights.

 

12. Limitation on Sales

Company sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Company reserves the right to refuse access to the Website or sale of Products for any reason, to any end user. Company may terminate any offers for free or special promotions or pricing on merchandise at any time.

 

13. Right to Change Prices and Product Availability.

Prices and availability of Products offered through the Website are subject to change at any time. Company does not provide price protection or refunds in the event of a price drop or promotional offering.

 

14. Sales of Downloads.

Each Download is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of Downloads by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Company Charts and other marketing data, Company reserves the right to correct or ignore any sales data it suspects are a result of suspicious sales behavior intended to, in Company’s sole discretion, inflate actual sales.

 

15. No Refunds.

All sales are final and all charges from those sales are nonrefundable. Company will not refund any fees for Products or services that you purchase and then fail to download (or for any other reason), unless such failure is caused solely by Company.

 

16. No Responsibility for Typographical Errors.

Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Content may be accidentally mispriced. In such an event, Company reserves the right not to accept end user orders with prices based upon typographical errors.

 

17. Taxes.

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Your receipt of an electronic or other form of confirmation does not (1) constitute Company's offer to sell and (2) convey Company's acceptance of your order. Company reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order.

 

18. Charges and Billing.

Company currently accepts payment via Stripe and any payment method that it supports. Company does not accept cash, money orders, or checks. Company reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Company, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Content or Download orders previously accepted by Company will survive your termination of your Company Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Company's management's sole discretion.

 

19. Currency.

Company accepts any currency currently accepted by Stripe. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.

 

20. Limitations of Content Usage and Copyright.

Company may make available certain Content and Products. Your access to and/or use of any Products will be limited by the rules assigned to the Products by Company ("Product Rules") and described on the Webpage where you acquire access to the individual Product. You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Product Rules. COMPANY RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.

A "Sample" is a promotional portion of a Product, in some cases an entire Product (i.e., an entire sound recording streamed), which is made available to you while you are logged onto the Website. Samples may also consist of a promotional music video. Samples are offered at no cost to you, via streaming, and you may play as many Samples as you like. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Sample.

A "Download" is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Company shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.

Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Samples, Downloads or Content contained on the Site except for your own personal, non-commercial use. Any copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.

 

21. Prohibited Uses of Products.

You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads and/or Samples. You may not play and then re-digitize any Downloads and/or Samples. You may not create any "derivative works" by altering any of the Content. You may not use the Downloads and/or Samples in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD DOWNLOADS OR SAMPLES TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads or Samples to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.

 

22. Loss of Rights by Company.

Company may at any time lose the right to make certain Products available. In such an event, you will no longer be able to access such Products from Company's Library function or obtain them from the Website catalog.

 

23. Electronic Signatures and Contracts.

Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.

 

24. Community Features / Public Areas.

The Website may contain features designed to help members find Content of personal interest by viewing Content that other mpurposes of these Terms and conditions, the term “Content”embers have sampled and/or downloaded. These features may include access to members most recently played lists and access to member's collections of Content. Further, Company may feature message boards and/or chat rooms that allow for communication and posting of public profiles between users of the Website. The public areas are offered on a read only basis until a user signs up for the ability to post messages in the various forums. COMPANY HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT IN SUCH PUBLIC AREAS, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Company is not responsible and assumes no liability for any activity, content, messages and the like that you or any other users post to a public area or a public profile, or send to another user over an instant messenger system.

 

25. User Generated Content.

Company may permit users to post or upload content, including mixes, tracks, playlist compilations, performances, videos, pictures, texts, logos, and other content made available by individual artists and/or users for the purpose of sharing with Company users (“User Content”). You are solely responsible for any User Content you may provide and for any consequence thereof. By uploading User Content, You warrant that You have the necessary rights to post the User Content, and that such User Content, or its use as contemplated by this Agreement, does not: (a) violate this Agreement, applicable law, or the intellectual property or publicity rights of others; or (b) imply an affiliation, endorsement, approval or cooperation with you or your User Content by Company or any unwilling, or unknowing, third-party, without that party’s express written consent. The rights granted herein shall inure for so long as the content is provided by You on the Company platform. Except from those rights specifically granted by herein, You shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on Company.

You acknowledge that no payments shall be made to You for the User Content, except as may be provided under a separate Agreement between You and Company. Company reserves the right to remove any User Content, for any reason or no reason at all, including, but not limited to, copyright violations, derogatory or offensive content, User Content that deemed to be a third-party advertisement or promotional in nature, or User Content that violates this Agreement. Company does not monitor, review, edit, or endorse User Content. If You believe that User Content violates your intellectual property, please review the “Copyright Information” page for instructions on how to file a copyright claim with Company.

 

26. Restrictions.

You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; or (iv) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.

 

27. Company's Rights.

By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Company may copy, sub-license, adapt, transmit, publicly perform or display any such content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Company's use of such content exploits any proprietary rights you may have in such material, you agree that Company has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content, material, messages and the like that you post, upload, transmit or display; that the content, material, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will defend indemnify and hold harmless Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility.

 

28. Privacy.

For additional information regarding Company's use of information collected in connection with the Website, please refer to Company's Privacy and Cookie Policy, (also at the bottom of this page) which is incorporated into these Terms and Conditions for reference: Visit Privacy Policy

 

29. Copyrights.

All copyrights in and to the Website, including but not limited to, the Company music store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Company and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Company and/or is licensors.

 

Intellectual Property Rights – Artists

The Service provides Artists with the ability to upload the Artist’s sound recordings (“Sound Recordings”), videos synchronized with Sound Recordings and other audiovisual works (collectively, “Music Videos”), and the musical works embodied within Sound Recordings and Music Videos (“Musical Works” and, collectively with Sound Recordings and Music Videos, the Artist’s “Music”) to the Site. Company will not have any ownership rights in any elements of a Artist’s Music, however, Company needs the following license to perform the Service. Each Artist uploading Music to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivate works of, communicate to the public, synchronize and otherwise exploit (collectively, “Exploit”) (1) the Artist’s Music and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Music on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist’s Music) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text (“Artworks”) in connection with the Service; (ii) allow users of the Service to receive public performances and public displays of the Artist’s Music and Artworks and to reproduce the Artist’s Music and Artworks on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.

To enable Company to Exploit your Music pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.

By uploading any Music or Artworks to the Site:

  • you represent and warrant, and can demonstrate to Company’s full satisfaction upon request, that (i) you own or otherwise control all rights to your Music and Artworks (or that such Music and Artworks are in the public domain or have otherwise been directly licensed to the Artist in writing with a grant of rights sufficient to permit the Artist to enter into this Agreement and to grant all of the rights with respect to the Artist’s Music or Artworks as set forth in this Agreement (hereinafter “Direct Licensed”); (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Music you upload to the Service and to the Artworks; (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Music and/or Artworks, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Music and/or Artworks) as contemplated by these Terms and conditions, and (iv) you are authorized to grant all of the aforementioned rights to the Music and/or Artworks to Company and all users of the Service.

  • you represent and warrant that the use or other exploitation of your Music and/or Artworks by Company and its authorized sublicensees and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

  • you represent and warrant that, to the extent you are the songwriter of any or all of the Musical Works embodied in your Sound Recordings or Music Videos, whether in whole or in part (e.g., as a co-writer), you have the full right, power, and authority to grant the rights set forth in this Agreement notwithstanding the provisions of any agreement you may have entered into with any performing rights organization (“PRO”), whether based in the United States (e.g., ASCAP, BMI or SESAC) or elsewhere, or any music publisher, and that you are solely responsible for taking all steps necessary to inform such PRO or music publisher of your grant of a royalty free license to Company for the public performances and communications to the public of your Musical Works, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the public performance or communication to the public of your Musical Works.
  • you represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Music as authorized under this Agreement.
If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting company the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.

 

30. Trademarks.

All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Company and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner. 

 

31. Violation of Intellectual Property Rights.

If Company receives a notice alleging that you have engaged in behavior that infringes Company's or another's intellectual property rights or reasonably suspects the same, Company may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. We take alleged copyright infringement seriously. If you believe that any information or material on our Site constitutes copyright infringement, please send our Copyright Agent an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on the Website is: Dubseed, LLC, Attn: Copyright Agent, 2318 Cypress Cove, Unit 102, Wesley Chapel FL 33544) Email: legal@dubseed.com . Also listed here: http://www.dubseed.com/legal_notice

 

32. Enforcement of These Terms.

Company reserves the right to enlist and take measures that Company believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to Company's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and/or Content is unlawful and/or infringes such third party's rights). You agree that Company has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Company's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party's rights).

 

33. No Responsibility for Third-Party Materials or Web Sites.

The Website may include Products, Content, and services from third parties available via the Company Website. Company may include links to third party websites, which are provided solely as a convenience to you. Company assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Company is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.

 

34. Indemnity and Waiver.

By using the Website you agree to defend, indemnify and hold harmless Company and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs and expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Dubseed and its agents, representative, employees, Licensors, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.

 

35. Termination/Cancellation.

If you fail, or Company suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Company with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your account for activities Company believes violate the intentions or integrity of its platform, or violation of these Terms and Conditions or any license to the software, Company, at its sole discretion, without notice to you may: (i) terminate this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.

 

36. Governing Law.

The laws of the State of Florida, of the United States of America, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Company or relating in any way to your use of the Website resides in the courts of the State of Florida, U.S.A.

 

37. Disclaimers and Limitations of Liability.

(a) You agree that from time to time Company may remove the Website for indefinite periods of time, or cancel the Website at any time, with or without notice to you.

(b) Company makes no warranty that any particular CD burner, portable device, or playback software will be compatible with the Website or any Content offered on the Website.

(c) Under no circumstance shall Company be liable for any unauthorized use of the Website or its Content.

(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Company shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $100.00.

(e) All Content on this Website is provided to you on an "as is" "as available" basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Company makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses.

(f) Company specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if company has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.

 

 

Copyright Inquiry
If you feel any content on Dubseed infringes on your copyright, please contact our designated agent below and include a link to the product you feel is infringing on your rights as well as any other detail that we can have to rectify the situation.

 

 

Dubseed Privacy Policy

This policy was most recently updated on August 1, 2016

Dubseed, Inc. (“Dubseed”) takes your privacy seriously. Dubseed does collect information about you and we may share that information with third parties in certain circumstances. We have created this privacy policy (“Privacy Policy”) to explain our data collection practices and your options regarding such data.

By accessing the www.dubseed.com website and domain name, mobile applications, and any other linked pages, features, content, or application services offered from time to time by Dubseed in connection therewith (collectively, the "Service"), or using any of our services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

 

What this Privacy Policy covers:


This Privacy Policy covers Dubseed’s handling of personally identifiable information ("Personal Information") that Dubseed gathers when you are accessing Dubseed's Service and when you use Dubseed services. This policy does not cover the actions of companies that Dubseed does not own or control, or to individuals that Dubseed does not manage or employ.

 

Personal information that Dubseed collects:

The information Dubseed collects from customers enables us to personalize and optimize our services and to allow our users to set up a user account and profile that can be used to interact with other users through the Service. In connection with the Service, we request and display some personal information to other users and visitors of Service, which allows users to identify each other. We collect the following types of information from our customers: 


Personal information you provide to us:
 

We receive and store any information you enter on our Service or provide to us in any other way. The types of Personal Information collected may include your name, user name, address, your city and country of residence, password, email address, photograph or other likeness, details of your other websites and social media profiles, including links to those websites and profiles, purchase history, IP address, browser information, metadata, and any other information you provide in connection with your user account. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide is used for such purposes as allowing you to interact with other users, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. When you make payments through the Service, you may need to provide financial account information, such as your credit card number, to our third-party service providers, such as Stripe. We do not receive your credit card information, but we may receive information about the transaction, such as the date and time it occurred.

 

Information Collected Automatically:
 

We and our third-party partners, such as usage analytics providers, receive and store certain types of information whenever you interact with our Service or services. Dubseed automatically receives and records information on our server logs from your browser including your IP address, cookie information, and the page you requested. These third-party partners also may collect information about your online usage activities over time and on other websites or mobile applications.

Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our site and its components. Dubseed only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Service or services so that we can optimize the Service to as many customers as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our site. We share this type of statistical data so that our partners also understand how often people use their services and our Service, so that they, too, may provide you with an optimal online experience. Again, Dubseed never discloses aggregate information to a partner in a manner that would identify you personally.

 

E-mail Communications:
 

We may receive a confirmation when you open an email from Dubseed if your computer supports this type of program. Dubseed uses this confirmation to help us make emails more interesting and helpful and improve our service. If you do not want to receive email or other mail from us, please send your request to support@Dubseed.com.

 

Cookies:
 

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Dubseed cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are or what your screen name or email address is.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie independently. Please
consult your particular Web browser’s settings. You can learn more about Cookies, see what Cookies have been set on your computing device and learn how to manage and delete them at allaboutcookies.org.


 

How Dubseed will share the Personal Information it receives:

Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described below.

  • Affiliated Businesses We Do Not Control: We are affiliated with a variety of businesses and work closely with them. In certain situations, these businesses sell items to you through Dubseed's Service. In other situations, Dubseed provides services, or sells products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business, if you have agreed to be solicited by marketing partners during the registration process.
  • Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Dubseed’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.
  • Artists: When you use certain functionality or services, we may provide certain personal information to artists, such as your e-mail address, country of residence and zip/postal code ("User Information") to add you to the relevant artist's mailing list. Artists are only authorized by us to use the User Information to send email to you and may not share, rent, or sell the information with others for any other purpose.
  • User profiles: User profile information including users’ name, email address, purchase history and other information you enter (“User Submissions”) may be displayed to other users to facilitate user interaction within the Service. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Users’ email addresses will not be directly revealed to other users by us, except, when the user is "connected" to another user via a shared group membership, or an invitation, or if the user has chosen to include their email address in their User Profile. You may designate certain User Submissions, including individual items in your purchase history, as private, in which case they will not be displayed to other users.
  • Communication in response to User Submissions: As part of the Service and Services, you will receive from Company email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, Company may send you email and other communication that it determines in its sole discretion relate to your User Submissions.
  • Business Transfers: In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Dubseed, or substantially all of its assets were acquired, or in the unlikely event that Dubseed goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Dubseed may continue to use your Personal Information as set forth in this policy.
  • Protection of Dubseed and Others: We may access, preserve, and disclose collected information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Dubseed, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
  • With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

 

Is Personal Information About Me Secure?
 

Your Dubseed account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

Dubseed endeavors to protect user information to ensure that user account information is kept private, however, Dubseed cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

If you believe that your account or any information you provided to us is no longer secure, please notify us immediately through the email located under the Questions and Concerns section below.

The Service may contain links to other sites. Dubseed is not responsible for the privacy policies and/or practices on other sites. Please remember that you are also bound by the privacy policies of such Third Party Services, and Dubseed does not control and therefore is not responsible for the privacy practices of such third party services. You should consult the privacy policy of such Third Party Services to understand their information practices. This Privacy Policy only governs information collected on the Service.



What personal information I can access?
 

Dubseed allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list will change as our Service changes.

  • Username and password

  • E-mail address

  • User profile information

 

What Choices Do I Have?
 

As stated previously, you can always opt not to disclose information to us, even though it may be needed to take advantage of certain Dubseed features.

You are able to add or update certain information on pages, such as those listed in the “What Personal Information I Can Access” section above. When you update information, however, we often maintain a copy of the unrevised information in our records.

You may request deletion of your Dubseed account by sending an e-mail to support@Dubseed.com. Please note that some information may remain in our records after deletion of your account.

If you do not wish to receive email or other mail from us, please send your request to support@Dubseed.com. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Dubseed Service, and you are responsible for reviewing such legal notices for changes.

 

Children’s Privacy
 

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13. When a user discloses personal information to Dubseed, the User is representing to us that he or she is at least 13 years old. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@Dubseed.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.


International Users and Jurisdiction
 

Dubseed controls and operates its business and Service from within the United States of America. Our online privacy practices are governed by the laws of the United States and the State of Florida, which may differ from privacy laws in your state or home country. By submitting your personal information to us or our agents, through the use of Dubseed’s Service, you consent to the transfer of your personal information to any country and its use and disclosure in accordance with applicable U.S. Federal and State laws and with this Privacy Policy.


Your California Privacy Rights
 

If you live in California and have an established business relationship with us, you can request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year. To exercise your rights, you contact us as set forth below. Please be sure to mention when you contact us that you are making a "California Shine the Light" inquiry. We will respond within 30 days.


Class Action Waiver
 

Any dispute resolution proceedings, whether in arbitration or court, shall be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member of a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Dubseed Services signifies your express consent to this waiver.

 

Changes to this Privacy Policy
 

Dubseed may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Service or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Service after such changes have been first posted.

 

Questions or Concerns
 

If you have any questions or concerns regarding privacy at Dubseed site, please send us a detailed message to support@Dubseed.com. We will make every effort to resolve your concerns.