Thank you for using the Music by Masses App (the “App”). Music by Masses, LLC (“MBM”, “we” or “us”) provides the App that allows you and other end users to participate in contests for musicians, with monetary prizes for top vote getters in each contest.
This End User Services Agreement (the “Terms”) is a legally binding agreement between you and MBM. By accepting this Agreement, including by accessing and using the App and your Profile, you agree to these terms and certify that you have all necessary rights to two so. If you are accepting on behalf of your band, employer, or another entity, you represent and warrant that : (i) you have full legal authority to bind that other entity to this Agreement; (ii) you have read and understood these Terms; and (iii) you agree to these Terms on behalf of the party you represent. If you do not have the legal authority to represent that third party, please do not accept these Terms or access the features covered by these Terms.
We recommend that you don’t jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and could mean the APP won’t work properly if at all.
Age and Eligibility
BY USING THIS APP, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER OT ENTER INTO THESE TERMS, OR, IF NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERM. In order to use the App and access any, you reside in the United States and guarantee any Profile information as provided in these Terms.
Third Party Terms
Additionally, the App uses third party services that declare their own Terms and Conditions.
Links for these terms can be found here:
Failure to comply with these terms may mean the App won’t work properly if at all.
We suggest using the App on Wi-Fi and makes no guarantees to usability or functionality using data. The use of data is governed by your cellular policy and MBM is not responsible in any way for the terms or charges you incur due to your use of the App in relation to your cellular policy.
You may use the App using third party devices such as personal computers, mobile handsets, tablets, wearable devices, speakers, or other devices. Your use of such devices may be subject to any manufacturer terms, conditions, and policies. MBM does not guarantee compatibility with any third party device.
General Limitations on Access
MBM uses all reasonable efforts to keep the App operation and the contests running on time. However, the offerings and contests may change from time to time, without liability to you, for example:
- The App may experience temporary interruptions due to technical difficulties, maintenance, testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
- MBM has no obligation to provide any specific content through the App and MBM or the relevant owners may remove particular content without notice.
How MBM Uses Your Data
You need to create a Profile with MBM in order to use certain features of the App. You also need to ensure that your information is accurate, complete, and up-to-date. Notify us immediately if there is any unauthorized access to our use of your Profile.
By creating a Profile you will give permission for MBM to store and process personal data that you have provided to us in order to provide the service.
Permission to Access the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable permission to make personal, non-commercial use of the App (collectively, “Access”). This Access shall remain in effect unless and until terminated by you or MBM. You agree that you will not redistribute or transfer the App or Content.
The App and any included Content is licensed, not sold or transferred to you, and MBM and it’s licensors retain ownership of all copies of the software and content even after installation on any particular device.
MBM Proprietary Rights
MBM is the sole and exclusive owner of the App, any MBM trademark, service marks, trade names, logos, domain names, and any other features of the MBM brand. These Terms do not grant you any right to use any MBM brand identifiers for any purpose.
Content and Intellectual Property Rights
Any Band, individual Artist, or other copyright holder in the Content that is uploaded, namely a song for the purpose of submission to a Contest, explanatory videos, or other information, shall retain all rights, responsibilities, and benefits of ownership of that uploaded content. Such upload shall be treated as a limited grant of use of the uploaded Content, and MBM shall transmit and perform the uploaded Content to the users of the App during and for the relevant Contests, subject the general and specific rules of each Contest. Such content owner shall have all rights to remove, modify, or otherwise exploit their music and videos.
You are solely responsible for all Uploads you make.
You promise that, with respect to any Upload posted to the App, you own or have the right to post such Upload. You additionally agree that any Upload does not violate these Terms or any applicable law or imply affiliation with or endorsement by MBM or any third party without prior written consent of the relevant party.
All Uploads are publicly accessible and may be used and re-shared by others on the App or across the web.
If any content uploaded to the App infringes on your copyright, please contact us at firstname.lastname@example.org. Please identify any potentially infringing content, the basis of your claim, and proof of ownership in the copyright. Any additional information you provide will assist in reviewing and taking relevant action on any such claim. MBM may request additional information, such as name, contact information, and other sworn statements in reviewing and determining approval of any takedown notice submitted under the United States Copyright Act.
MBM hosts a number of contests on the App with certain rules and processes. To the extent a contest has specific rules or conditions, the section of the App holding the contests shall so state those rules or conditions.
Generally, all contests shall have one submission of each song per contest. The winners of the contest shall be determined as a percentage of all votes cast in the contest. The top performing artists based on votes for uploaded content within the bounds of a specific contest shall be paid out of the prize pool of the contest.
Advertised prize pools shall be binding on contests for the duration of a contest started during the period of the advertised prize pool. Payment of the prize pool shall be proportionate to the pro rata share of the top 15 vote earning artists and only the top 15 vote receiving artists shall receive a share.
It shall be a violation of these Terms to attempt in anyway; including but not limited inflating votes for your submissions, creating fake accounts with the intent to vote for yourself, attempting to alter any votes that have been cast, or any other action designed to make yourself win a contest without actually receiving sufficient votes; shall be a violation of these terms and may result in termination of your account and any account involved in such actions.
If you would like to provide ideas, suggestions, or other feedback in connection with your use of the App, please contact us through any posted email to MBM. Such information is not confidential and may be used without restriction and without payment to you.
Changes to the Terms
We may update our Terms from time to time. You are advised to review this page periodically for any changes. The App will notify you of any changes by posting the new Terms on this Page. These Terms are effective as of February 1, 2023.
MBM reserves the right to terminate your account for any violation of these Terms and delayed action or no action on a specific issue shall not be a waiver of such right.
You may terminate at any time by going through the appropriate steps offered through the Profile on the App to request termination of your account. Submission of such request shall result in your access being revoked, with a limited time to undo your decision.
THE APP AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES FO ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. MBM AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES FO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. MBM AND ALL OWERS OF CONTENT DO NOT WARRANT THAT THE APP OR CONTENT IS FREE OF MALWARE OR TOEHR HARMFUL COMPONENTS AND NEITHER MBM OR ALL OWENRS OF CONTENT MAKE ANY WARRANTY OR ASSUME ANY RESPONSIBILITY FOR ANY THRID PARTY OFFERINGS OR PRODUCTS.
USE OF FEATURES SUCH AS EXPLICIT CONTENT FILTERING MAY STILL RESUTL IN SOME EXPCIT CONTENT BEIGN AVAILABLE AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.
THIS SECTION APPLIES OT THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, sot he exclusion and limitations in this section may not apply to you.
Limitation of Liability
YOU ARGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE APP IS TO UNINSTALL ANY MBM SOFTWARE AND TO STOP USEING HTE SPOTIFY SERVICE.
IN NO EVENT WILL MBM, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT FO HTE USE OF OR INABILITY TO TUSE HTE APP, REGARDLESS FO LEGAL THEORY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR (3) AGGREGATE LABILITY FOR ALL CLAIMS RELATING TO THE APP OR ANY UPLOADED CONTENT MORE THAN THE GREATER OF THE AMOUNTS PAID BY YOU TO MBM DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM.
To be clear, these Terms do not limit MBM’s lability for fraud, fraudulent misrepresentations each or personal injury to the extent that applicable law would prohibit such a limitation.
You agree to indemnify and hold MBM harmless form and against all damages, losses, and expenses of any kind, including reasonable attorney fees and costs, arising out of or related to your breach of any of these terms, any of your uploads, and your violation of any law or the rights of a third party.
These terms shall be governed by the laws of the state of Colorado and all disputes arising from these Terms shall be heard by the courts seated within Larimer County of the state of Colorado.
No Class Action
YOU AND MBM AGREE THAT EACH MAY BRING CLAIMS AGAINST HTE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLAS OR REPRESENTATIVE ACTION. Unless you and MBM agree, no judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Other than as explicitly dated in these Terms, these Terms constitute all the terms and conditions agreed between you and MBM and supersede any prior agreements in relation to the subject matter of these terms.
Severability and Waiver
Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms shall remain in force and effect to the extent permitted by law.
Any failure by MBM to enforce these Terms shall not waive MBM’s right to do so.
About this Policy
This applies to your use of the Music by Masses App as determined by log in of your Profile as defined in the End User Services Agreement, including but not limited to use of the App on any device, personalization of your user experience, and the use of any Feature of the App.
Use of User Information
As MBM collects information that is to be released publicly, such as name, band name, and the like to be processed as a public profile, such information is released to the public upon the creation of the Profile and submission of an upload under that Profile.
MBM shall have the right to display such information until your Profile is terminated and any contest in which your upload is submitted to has ended (“Profile Ending”).
MBM also collects relevant contact information to allow for two factor authorization and necessary communication between MBM and you. MBM shall hold such contact information in confidence and shall delete such information upon the Profile Ending.
App Data and Usage Information
MBM shall collect relevant data form the performance of the App, such as crashes and other software reports. Such data is owned by MBM and is de-identified to the extent identification could otherwise be made. Such data is used for the purpose of updating the App and improving its performance.
De-identified data showing usage and trends of usage of the App may be used by MBM in communicating with advertisers and certain third parties that may be under a non-disclosure agreement.
Except to the extent that information MBM collects about you is made public through your Profile or Uploads, or as necessary under the third party terms as provided in the End User Service Agreement, MBM does not sell or transfer the data to a third party.
Changes to this Policy
We may update our Policy from time to time. You are advised to review this page periodically for any changes. The App will notify you of any changes by posting the new Policy on this Page. This Policy is effective as of February 1, 2023.
Please email us at email@example.com with any questions or concerns about this Policy.