Music by Masses, LLC End User Services Agreement
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:

Google Play Services
Google Analytics for Firebase
Firebase Crashlytics
Expo
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
Please Review our End User Privacy Policy to learn how MBM uses data retailed to
your Profile. Refer to the Privacy Policy for information about what we collect from the
use of our App. If you have questions, contact us.
Profile Creation

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
Profile Uploads
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.
DMCA
If any content uploaded to the App infringes on your copyright, please contact us at
main@musicbymasses.com . 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.
Contests
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.
General
Feedback
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.
Termination
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.
Warranty Disclaimers
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.
Indemnification

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.
Governing Law
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.
Entire Agreement
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.

 

End User Privacy Policy

About this Policy
This Privacy Policy (the “Policy”) describes how we process your personal data at Music
by Masses, LLC.
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 sufficient information to provide winners of a contest their portion of
the prize pool. Such payments are processed through a third party and are subject to
the privacy policy and terms of that third party. MBM shall hold any payment information
it receives in the strictest confidence and shall delete such information upon your
request or upon the 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.
Selling Data
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.
Contact Us
Please email us at main@musicbymasses.com with any questions or concerns about
this Policy.