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TERMS OF SERVICE

MusicCred, Inc. TOS

Welcome to MusicCred! This Terms of Service Agreement (“TOS”) is between you (“you,” “your,” or “user”) and MusicCred, Inc. (“MusicCred,” “us,” “we,” or “our”), and governs your access and use of our application, website, and/or platform (the “Service”).

Please review this TOS carefully. By accessing or using any of the Services, including by creating an account, you acknowledge that you have read, understood, and agreed to be bound by this TOS.

This TOS is a legally binding contract between you and us. By accepting this TOS, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. This TOS and all of its terms and conditions will remain in effect while you access or use the Services. This TOS incorporates by reference any additional terms and conditions, where detailed herein (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with these Additional Terms.

Acceptance of Terms. Please review this TOS carefully. By accessing or using any of the Services, including by creating an account or registering as a user, you acknowledge that you have read, understood, and agreed to be bound by this TOS. This TOS is a legally binding contract between you and us. By accepting this TOS, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into this TOS. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. This TOS and all of its terms and conditions will remain in effect while you access or use the Services. This TOS incorporates by reference any additional terms and conditions, where detailed herein (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with these Additional Terms, whether or not you are a registered user of MusicCred. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at musiccred.com, or within our application, and you should check regularly for updates and changes.

In addition, when using the Service, you shall be subject to our policies, guidelines or rules contained herein or in other documents or notices we publish or otherwise make available to you. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS IN THIS TOS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS AND CONDITIONS FOR ITS USE.

FURTHERMORE, YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS, VIEW, AND USE THE SERVICE. IF YOU ARE 18 YEARS OR YOUNGER, YOU ARE NOT PERMITTED TO USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY INDIVIDUALS UNDER 18 YEARS OF AGE.

The Service. MusicCred makes available a collection of resources to its registered and non-registered users as the Service. Registered users can create pages which allow them to do the following: solicit and/or accept bookings/gigs; upload, post, or share Content (as defined herein); link to external websites and media (such as social media pages); engage in marketing, advertising, or other promotional activities; accept or send payments (via a third party platform called Stripe), and more (collectively, “Pages”). MusicCred charges a booking fee of ten percent (10%) for any Gig (as defined below) booked or otherwise secured, whether in whole or in part and directly or indirectly, using our Service, with the minimum MusicCred fee being $15 (the “Booking Fee”). Venue agree that Music Cred may deduct the Booking Fee from any monies paid by Venue to Artist pursuant to a Gig, including without limitation the Deposit and Performance Fee (each, as defined below).

THE SERVICE IS PROVIDED “AS IS” AND MUSICCRED ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, MUSICCRED PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.

Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new MusicCred properties, are subject to this TOS or the then current TOS.

All users and visitors must abide by the TOS. If a user fails to follow any of the terms, conditions, guidelines, policies, and/or rules of behavior, MusicCred reserves the right to discontinue their ability to use the Services at any time. In addition, we have the right to delete, take down, restrict, or otherwise remove any Content, information, or materials, that we deem harmful or objectionable in our sole discretion.

You may only use this website for purposes expressly permitted by the TOS. As a condition of your use of MusicCred, you represent and warrant to MusicCred that you will not use the website, our app, nor our Service, directly or indirectly, for any purpose that is unlawful, offensive, discriminatory, harmful to the community or any segment thereof, abusive, and/or prohibited by this TOS.

You alone are totally responsible for any activity that takes place on MusicCred under your username, email, and password. If you become aware of any unauthorized use of your username, email, and/or password you agree to notify us immediately and take steps to mitigate any potential damage or harm. You agree to maintain the confidentiality of your username, email, and password associated with your account at all times and that you will not share such information with any third party, except those with a need to know such information (such as your employees, agents, or representatives).

You understand that you may receive business-related communications from MusicCred such as Service announcements, account administrative notices, marketing or promotional materials, and other communications, and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive them. You acknowledge and agree that you will not be able to opt-out-of certain communications that are administrative or related to the maintenance of your account with us.

As a user of the Service you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and, subject to all applicable laws, you agree to receive them.

Sections 2(A) and 2(B) below contain contractual terms that are applicable to Artist and Venue should an Artist and Venue use our Service in order to agree, arrange, schedule, secure, or otherwise establish a live performance or Gig. Some of these terms may be duplicative.

Terms Applicable to Artist or Band Use of the Service

All of the terms and conditions set forth above are hereby incorporated by reference within this Section 2(A). In addition, by registering as a user or otherwise accessing and making use or our Service as an artist, band, singer, or performer, you agree to the terms and conditions detailed herein.

As stated above, registered users of our Service have the ability to make Pages. Our Pages are currently classified into two types: (i) Venue (as defined below) (for information of the Terms applicable to Venues please see Section 2(B) below) and (ii) Artist (as defined below).

An “Artist” is any musical artist, singer, band, musician, or live performer. Our Service allows you to elect the particular type of Artist you are (such as singer, band, or musician), so that you may customize your Page and your experience of the Service.

(i) The License. By registering as a user of our Service and creating an Artist Page, you grant us a universal, royalty-free, perpetual, irrevocable, sub-licensable, transferable, right and license in connection with the Service, and our marketing and promotion of it, to copy, reproduce, distribute, perform, publicly display, digitally transmit, or otherwise use in any manner (a) your name, image, likeness, biographical material, sound, and appearance, and (b) any and all Content you upload, post, share, distribute, make available, or otherwise use in connection with your Page and/or our Service (the “Artist License”). For example, if you upload to your Page images of you performing, you grant us a license to those photos for purposes distributing them and making them available to other users of the Service (such as a venue that may want to book you for a live performance). Any and all Content you upload, post, share, or otherwise use in connection with your Page shall be made widely available to users of our Service and may be viewable by the general public pursuant to the Artist License. You expressly agree and consent to our use of your Content for whatever purpose, whether internally or externally, and whether directly or indirectly used by us.

(ii) Artist Representations and Warranties. You represent and warrant that any and all Content you upload, post, share, distribute, make available or otherwise use in connection with your Page, (a) will be wholly original to you; (b) is owned entirely by you, including any intellectual property rights associated therewith, or, if not entirely owned by you, you have obtained the necessary rights or permissions to grant us the foregoing Artist License; (c) does not infringe or in any way interfere with the rights of any third party; (d) will not cause us to incur any monetary obligations to you or any third party; and (e) that you shall assume any and all liability associated with infringement, invasion of privacy, rights of publicity, or any other legal claim, action, or lawsuit asserted by a third party in connection with the Content, whether arising under contract, tort, statute, or other legal theory.

(iii) Indemnity. You agree to indemnify, hold harmless, and defend MusicCred, including our employees, agents, officers, directors, or representatives, from any costs, claims, damages, or expenses asserted by third parties against MusicCred in connection with your Content regardless of whether such costs, claims, damages, or expenses arise under contract, tort, statute, or other legal theory. Your obligation to indemnify MusicCred shall survive the expiration or termination of this TOS, such as by your discontinued use of our service and deletion of your Page(s). You shall conduct the defense in any such third party action arising as described herein with counsel reasonably acceptable to MusicCred, and MusicCred shall cooperate reasonably with the defense of such action. Notwithstanding the foregoing, in the event you fail to timely defend the lawsuit and indemnify us as required hereunder, MusicCred reserves the right to hire or retain counsel of its choosing and you agree to promptly reimburse us for all costs or fees associated therewith, including reasonable attorneys’ fees and court costs.

(iv) Artist Contracts with Venues. Our Service is designed to allow Artists and Venues to to contract directly with one another for purposes of live performance and touring. We empower Artists and Venues to take charge of their booking by contracting directly with one another in order to build tours, grow fanbases, create memorable experiences for patrons, and generate revenue without having to hire expensive booking managers or agents. Accordingly, by using our Service, if Venue makes a Booking Request that is accepted by Artist and becomes a Gig, then Venue and Artist agree that these terms are automatically and unconditionally incorporated by reference into the contract between Venue and Artist.

No Contract Until Gig Agreed. Artist acknowledges that by using MusicCred’s Service, whether in whole or in part and directly or indirectly, Artist will be communicating directly with Venues and soliciting or otherwise accepting offers for live performance (“Gigs”). Artist acknowledges and understands that the terms Artist displays on their Artist Page and the terms displayed on a Venue page merely constitute offers of contract for a Gig and do not constitute a binding, enforceable contract until both the Artist and Venue have completely and fully accepted the offer by using MusicCred’s Service to unequivocally manifest acceptance of the Gig. Once accepted by both Artist and Venue, a Gig constitutes a binding contract between Artist and Venue, and both the terms detailed on the Booking Request and the terms contained herein are automatically incorporated into said contract.

If a Gig is offered by Venue and Accepted by Artist, then Artist agrees to provide a live performance of commercially reasonable duration, exclusive of any breaks that Artist may take part of the way through the Gig. Artist will engage at Artist’s own expense

Additional Gig Terms. Our Service also features a “chat” feature whereby an Artist and Venue may communicate with one another regarding the terms and conditions of a future or potential Gig. Any terms and conditions (a) negotiated between an Artist and Venue, and (b) unequivocally accepted by both parties via a manifestation of consent within the chat feature, automatically are incorporated into the contract between Artist and Venue.

Licenses and Permits. Venue is responsible for obtaining any use permits and licenses required for the Gig or Artist’s performance under applicable federal, state, and local laws and regulations, including any licenses that need to be acquired through any performing rights organizations.

Payment. Venue will pay to Artist fifty percent (50%) of the non-refundable fee detailed in the Booking Request fourteen (14) days prior to the Gig date (the “Deposit”), and the remaining fifty percent (50%) as compensation for, and upon commencement of or completion of, Artist’s performance of the Gig (the “Performance Fee”) (collectively, the “Gig Fee”).

All payments between Venue and Artist in connection with Gigs are processed via a third party platform – Stripe. Connecting a Stripe account or setting up a new Stripe account within our app or platform is required before you can make a Booking Request. By using our Service and entering into a contract for a Gig, Venue authorizes Stripe to initiate or process payment of the Deposit automatically at the time scheduled for payment thereof, and also authorizes Stripe to initiate or process payment of the Performance Fee at the time scheduled for payment thereof, but in no event later than 11:59 pm local time of the Gig date.

MusicCred does not handle the exchange of funds between Venue and Artist and only takes its fee at the time a Venue pays an Artist for a Gig, i.e., at the time of payment processing via Stripe. MusicCred charges a booking fee of ten percent (10%) for any Gig booked or otherwise secured, whether in whole or in part and directly or indirectly, using our Service, with the minimum MusicCred fee being $15 (the “Booking Fee”). Venue agree that Music Cred may deduct the Booking Fee from any monies paid by Venue to Artist pursuant to a Gig, including without limitation the Deposit and Performance Fee.

Either party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of monies which are or may become due and payable hereunder) to the extent that any such failure or delay is proximately caused by, or unavoidably results from, events beyond that Party’s reasonable control (including, without limitation, natural and human-caused disasters, terrorist acts, lock-downs due to epidemics, pandemics, or other health disasters, damage to the place of performance due to fire, flood, or other causes, denial or revocation of necessary governmental permits, or the acts of Venue) which have occurred without the Party’s fault or negligence, provided that, as a condition to a claim of non-liability hereunder, the Party experiencing an impediment to performance for reasons within the scope of this provision shall give the other Party prompt written notice, following the occurrence of the cause relied upon, stating the precise nature and details of the occurrence and its impact upon performance hereunder. Dates by which performance obligations are scheduled to be met shall be extended hereunder for a period of time equivalent to such time as is lost due to any delay so caused, including such time as may be required to restore the affected Party to status quo ante.

Merchandise. Artist will have the right to display and sell merchandise, including but not limited to t-shirts, hoodies, posters, vinyl records, stickers, or other merchandise bearing Artist’s name, image, likeness, trademarks, or proprietary branding or designs, during the performance and for at least one (1) hour prior to and after the performance, from a mutually agreed upon location and without any percentage or payment owed to the Venue.

Promotion. While both Venue and Artist agree to perform commercially reasonable promotional or marketing activities to advertise or otherwise promote the Gig and Artist’s performance at Venue (such as posting on social media or other online pages), Venue is not authorized to, and will not, make any commitments on behalf of Artist for personal appearances or other promotional activities related to the Gig covered by this agreement. Venue will refer all inquiries regarding personal appearances and interviews of Artist to Artist’s designated representative.

Set–Up Time. Venue will allow Artist commercially reasonable time to enter the performance area and set-up for the eventual performance. Venue will provide commercially reasonable support to Artist in performing set-up tasks, but Venue is not responsible for hiring support personnel or workers for Artist’s tour or live performance schedule. Should Artist require additional assistance beyond commercially reasonable expectations, Artist is responsible for providing the personnel required unless Venue agrees otherwise in writing.

Dressing Room and Artist Accommodations. Venue will supply Artist with the dressing room and other artist accommodations (such as a green room or catering) as are agreed upon by the parties in the respective Booking Request.

Equipment and Transportation. Artist will be responsible for providing all musical instruments and stage sets, if any, to be used in the performance or Gig to which this agreement relates. Artist assumes full responsibility for maintaining insurance on or otherwise assuming all risk to all equipment owned by and/or under the responsibility of Artist. Artist will be responsible for assembling and disassembling Artist’s stage setup before and after the performance and for hiring and compensating crew or personnel to perform these functions, if necessary. Venue will be responsible for providing a sound amplification (PA) system sufficient to enable the performance to be heard clearly throughout the facility or premises. Subject to Artist’s direction to the contrary, Venue will be responsible for controlling the sound board and lighting during the performance and will hire and compensate sufficient crew or personnel for that purpose.

Taxes. Any and all taxes associated with payments made by a Venue to an Artist, are the sole and absolute responsibility of Artist. In other words, Artist shall pay any and all local, municipal, state, and federal taxes they may be liable for in connection with payments received from a Venue utilizing our Service. MusicCred will not withhold any taxes from payments made to Artists nor remit them to governmental or taxing authorities on and Artist’s behalf. Therefore, an Artist is responsible for tracking, reporting, and paying any and all taxes associated with any income from Gigs (or payments made to Artist by Venues), including self-employment taxes, federal and state income taxes, and any other taxes that may be imposed on Artist by federal, state, or municipal authorities. Venue acknowledges and agrees that it remains responsible for tracking, reporting, and paying any and all taxes associated with any income it receives from Gigs, including self-employment taxes, federal and state income taxes, and any other taxes that may be imposed on Venue by federal, state, or municipal authorities.

Broadcasting Prohibited. Venue is not authorized to enter into any type of arrangement or agreement for the live audio or visual broadcast of Artist’s performance without the express written consent of Artist in an instrument and on terms separately negotiated and agreed upon by Venue and Artist. Similarly, Venue is not authorized to record Artist’s live audio or visual performance for subsequent copying, distribution, performance, display, digital transmission, or streaming without the express written consent of the Artist in an instrument and on terms separately negotiated and agreed upon by Venue and Artist.

Prohibition Against Assignment. Due to the unique nature of Artist’s services and the transaction contemplated herein, neither Artist nor Venue may not assign any of their respective rights or obligations under this agreement.

Cancellation Policy. A Booking Request may be rescinded or cancelled by a Venue at any time prior to acceptance by an Artist. However, after a Booking Request has been accepted by the Artist, the Venue may cancel it at no cost within forty-eight (48) hours of acceptance, provided, however, that if there is less than forty-eight (48) hours to the Gig date, then the Gig compensation (including the Booking Fee) is non-refundable. After forty-eight (48) hours have passed since the Artist’s acceptance of a Booking Request, the Venue may still cancel the Gig, provided the Gig pays to Artist fifty percent (50%) of the Gig compensation, as well as the Booking Fee. If a Venue cancels a Gig, then Artist shall have no obligation to show up or otherwise appear at Venue on the Gig date for purposes of performing there.

We understand that sometimes things happen, or something comes up, and an Artist will need to cancel a Gig. In the event the Artist cancels a Gig for any reason, the Artist will not be entitled to any portion of the Gig compensation. Our policy is to prevent abuse or misuse of our Service, and in the event we determine an Artist engaging in conduct that abuses or misuses our Service, or is otherwise harmful to our users (including Artists and Venues) in our sole discretion, we reserve the right to terminate the Artists use of our Services.

In the event you have any questions, concerns, disputes regarding payments, or want to request a refund, please contact our support team at support@musiccred.com. Any and all refunds are subject to cancellation fees, including our Booking Fee, at our then standard rates and terms. For further details, please contact our support team at support@musiccred.com.

Artist Insurance. Artist agrees that it will obtain and maintain adequate insurance coverage with appropriate limits of liability in connection with Artist traveling and playing or performing at Gigs.

Parties to a Gig Contract. You agree that any Gig, contract, agreement to perform, and any other dealings with Venues (including their employees, agents, officers, directors, managers, or other representatives, conducted using our Service, whether in whole or in part, including payment, performance, insurance, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and Venue. IN OTHER WORDS, MUSICCRED IS IN NO WAY A PARTY TO YOUR CONTRACT WITH A VENUE AND ASSUMES NO LIABILITY WHATSOEVER ASSOCIATED WITH YOUR GIG, AGREEMENT TO PERFORM, OR OTHER DEALINGS WITH A VENUE.

WAIVER OF LIABILITY. YOU EXPRESSLY AGREE THAT MUSICCRED SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS, LOSSES OR DAMAGES INCURRED OR OTHERWISE SUFFERED BY YOU OR ANY OF YOUR AFFILIATES AS A RESULT OF YOUR GIG, CONTRACT, AGREEMENT TO PERFORM, AND ANY OTHER DEALINGS WITH VENUES, INCLUDING AS A RESULT OF YOUR PHYSICAL PRESENCE AT THE VENUE PREMISES. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO A GIG AND YOUR PERFORMANCE AT A VENUE OR ITS PREMISES, INCLUDING BUT LIMITED TO RISK OF INJURY, BODILY HARM, PROPERTY DAMAGE, DEATH, OR ANY OTHER SORT OF DAMAGE OR HARM, WHETHER CAUSED BY NEGLIGENCE OF THE VENUE OR OTHER THIRD PARTY.

Notice. All notices to between Artist and Venue will be in writing and will be sent via email or to the postal address provided by Artist or Venue

Severability. If any provision of this agreement, or any provision of the Section 2(A)(iv) “Artist Contract with Venue” in MusicCred’s TOS, is deemed unenforceable due to conflict or governing law, that provision will be omitted only to the extent necessary to make this agreement valid and enforceable, and the remaining provisions will remain in full force and effect.

Governing Law. This agreement will be governed in all respects by the laws of the State of in which Venue is principally located and otherwise incorporated.

Illustration of How to Use our Service to Obtain a Gig. For purposes of clarity and illustration, we have outlined the typical process wherein an Artist and a Venue agree on a Gig. Please note, this is example is purely for illustrative purposes and does not constitute a guarantee or promise of the types of Gigs that Artist may secure using our Service.

Upon creating an Artist Page, that Page will be viewable by Venues using our Service. In the event a Venue wishes to book you for a Gig, they will submit a Booking Request. A “Booking Request” is a Venue’s offer to book an Artist for a Gig and contains, at a minimum, (a) Gig date, Gig start and end time, Gig compensation, Gig equipment supplied by the Venue, Gig provisions supplied by the Venue (such as a green room, snacks, etc.), and any additional details that are offered or otherwise included by the Venue in its Booking Request. All of the terms and conditions detailed in a Booking Request are incorporated into the Gig unless rejected by the Artist. After a Venue submits a Booking Request, the Artist will receive a notification in the inbox of our app or platform, as well as their smartphone if the Artist has notifications enabled, and they will be able to accept or reject the Booking Request. In addition, an Artist and Venue may “discuss” a booking request using our “chat” feature, in order to negotiate additional terms and conditions of a Gig.

You understand and agree that you are responsible for accepting or booking any Gigs offered to you over our Service and responsibly managing your live performance schedule. You agree that you will not double book yourself, whether intentionally or unintentionally and directly or indirectly, using our Service. In the event you do double book yourself by accepting Booking Requests for the same date and time, or substantially similar dates and times, then MusicCred reserves the right to cancel one of the Booking Requests or Gigs at its sole discretion and neither MusicCred, nor the venue associated with the Booking Request or Gig, will be liable to you in any way.

Certain parts of the Service may require you to directly or indirectly incur costs or fees (such as travel, meals, lodging, etc.). MusicCred is in no way responsible for any such costs incurred by you as a result of using our Service, whether you use it to solicit Booking Requests and obtain Gigs or for any other purpose. Furthermore, a Venue that sends you a Booking Request shall not be liable to you for the foregoing costs or fees unless you and the Venue agree to an alternative arrangement in writing. In either event, MusicCred shall not be responsible. You and the Venue are solely responsible managing ticket sales, crowd control, catering to patrons, and any duty or responsible associated with live performance and inviting individuals onto a premises for purposes of an event.

Terms Applicable to Venue Use of the Service

All of the terms and conditions set forth above, including the applicable terms and conditions detailed in Section 2(A), are hereby incorporated by reference within this Section 2(B). In addition, by registering as a user or otherwise accessing and making use or our Service as a Venue, you agree to the terms and conditions detailed herein.

A “Venue” is any individual, person, or entity that owns and operates a properly zoned commercial event space or retail space capable of hosting a live performance and which makes its space available to patrons for purposes of viewing live performances, as well as any other substantially similar physical space. “Venue” also includes any individual, person, employee, manager, officer, director, agent, or representative of the Venue acting directly or indirectly on Venue’s behalf. Our Service allows you to elect the particular type of Artist you are (such as singer, band, or musician), so that you may customize your Page and your experience of the Service.

(i) The License. By registering as a user of our Service and creating a Venue Page, you grant us a universal, royalty-free, perpetual, irrevocable, sub-licensable, transferable, right and license in connection with the Service, and our marketing and promotion of it, to copy, reproduce, distribute, perform, publicly display, digitally transmit, or otherwise use in any manner (a) the name, branding, images, descriptive material, and trademarked and/or copyrighted material associated with the Venue, and (b) any and all Content you upload, post, share, distribute, make available, or otherwise use in connection with your Page and/or our Service (the “Venue License”). For example, if you upload to your Page images of your Venue, you grant us a license to those photos for purposes distributing them and making them available to other users of the Service (such as an Artist that may want to review a Booking Request or solicit their services to you). Any and all Content you upload, post, share, or otherwise use in connection with your Page shall be made widely available to users of our Service and may be viewable by the general public pursuant to the Venue License. You expressly agree and consent to our use of your Content for whatever purpose, whether internally or externally, and whether directly or indirectly used by us.

(ii) Venue Representations and Warranties. You represent and warrant that any and all Content you upload, post, share, distribute, make available or otherwise use in connection with your Page, (a) will be wholly original to you; (b) is owned entirely by you, including any intellectual property rights associated therewith, or, if not entirely owned by you, you have obtained the necessary rights or permissions to grant us the foregoing Venue License; (c) does not infringe or in any way interfere with the rights of any third party; (d) will not cause us to incur any monetary obligations to you or any third party; and (e) that you shall assume any and all liability associated with infringement, invasion of privacy, rights of publicity, or any other legal claim, action, or lawsuit asserted by a third party in connection with the Content, whether arising under contract, tort, statute, or other legal theory.

(iv) Venue Contracts with Artists. Our Service is designed to allow Artists and Venues to contract directly with one another for purposes of live performance and touring. We empower Artists and Venues to take charge of their booking by contracting directly with one another in order to build tours, grow fanbases, create memorable experiences for patrons, and generate revenue without having to hire expensive booking managers or agents. Accordingly, by using our Service, if Venue makes a Booking Request that is accepted by Artist and becomes a Gig, then Venue and Artist agree that these terms are automatically and unconditionally incorporated by reference into the contract between Venue and Artist.

Gigs. Venue acknowledges that by using MusicCred’s Service, whether in whole or in part and directly or indirectly, Venue will be communicating directly with Artists and soliciting or otherwise making and accepting offers for Gigs. Venue acknowledges and understands that the terms it displays or offers via its Venue Page and the terms displayed on an Artist Page merely constitute offers of contract for a Gig and do not constitute a binding, enforceable contract until both the Artist and Venue have completely and fully accepted the offer by using our Service to unequivocally manifest acceptance of a Gig. Once accepted by both Artist and Venue, a Gig constitutes a binding, enforceable contract between Artist and Venue, and the terms detailed on the Booking Request are automatically incorporated therein.

Payment. All payments between Venue and Artist in connection with Gigs are processed via a third party platform – Stripe. Connecting a Stripe account or setting up a new Stripe account within our app or platform is required before you can make a Booking Request. By using our Service and entering into a contract for a Gig, Venue authorizes Stripe to initiate or process payment of the Deposit automatically at the time scheduled for payment thereof, and also authorizes Stripe to initiate or process payment of the Performance Fee at the time scheduled for payment thereof, but in no event later than 11:59 pm local time of the Gig date.

MusicCred does not handle the exchange of funds between Venue and Artist and only takes its fee at the time a Venue pays an Artist for a Gig, i.e., at the time of payment processing via Stripe. MusicCred charges a booking fee of ten percent (10%) for any Gig booked or otherwise secured, whether in whole or in part and directly or indirectly, using our Service, with the minimum MusicCred fee being $15 (the “Booking Fee”). Venue agree that MusicCred may deduct the Booking Fee from any monies paid by Venue to Artist pursuant to a Gig, including without limitation the Deposit and Performance Fee.

Taxes. Any and all taxes associated with payments made by a Venue to an Artist, are the sole and absolute responsibility of Artist. In other words, you agree to pay any and all local, municipal, state, and federal taxes you may be liable for in connection with payments you receive from utilizing our Service and playing Gigs. MusicCred will not withhold any taxes from payments made to you and remit them to governmental or taxing authorities on your behalf, therefore, you are responsible for tracking, reporting, and paying any and all taxes associated with any income from Gigs (or payments made to you by Venues), including self-employment taxes, federal and state income taxes, and any other taxes that may be imposed on you by federal, state, or municipal authorities.

Security. Venue acknowledges and agrees that live events are inherently risky and that anytime people come onto or gather at a premises, there is a potential for injury. Accordingly, to mitigate this risk of injury, and to provide for a safe and orderly Gig or event, Venue agrees to hire or otherwise obtain a commercially reasonable number of security staff or contractors both for the duration of the Gig or event, including load in or load out time and Artist rehearsals (if any).

Venue Insurance. Venue agrees that it will obtain and maintain adequate insurance policies with reputable insurance companies with appropriate limits of coverage in connection with the operation of its business, including its physical event/live performance space. Specifically, Venue shall obtain and maintain the following: (a) Workers’ Compensation insurance, with coverage limits of not less than the statutory minimum wherever Venue is located or doing business; (b) General umbrella or liability insurance, with coverage limits of not less than $2,000,000 in aggregate and $2,000,000 per claim, and; (c) Premises Fire/Theft/Comprehensive insurance, with coverage limits of not less than $2,000,000 in aggregate and $2,000,000 per claim.

Notice. All notices to between Artist and Venue will be in writing and will be sent via email or to the postal address provided by Artist or Venue

Governing Law. This agreement will be governed in all respects by the laws of the State of in which Venue is principally located and otherwise incorporated.

Illustration of how to Use our Service to Obtain Gig. For purposes of clarity and illustration, we have outlined the typical process wherein an Artist and a Venue agree on a Gig. Please note, this is example is purely for illustrative purposes and does not constitute a guarantee or promise of the types of Gigs that Artist may secure using our Service.

Upon creating a Venue Page within our app or platform, that Page will be registered within the Service and viewable by Artists using our Service. In addition, the Venue will be able to view or browse Artists using our Service who have created Artist Pages. In the event a Venue wishes to book an Artist for a Gig, they will submit a Booking Request. A “Booking Request” is a Venue’s offer to book an Artist for a Gig and contains, at a minimum, (a) Gig date, Gig start and end time, Gig compensation, Gig equipment supplied by the Venue, Gig provisions supplied by the Venue (such as a green room, snacks, etc.), and any additional details that are offered or otherwise included by the Venue in its Booking Request. All of the terms and conditions detailed in a Booking Request are incorporated into the Gig unless rejected by the Artist. After a Venue submits a Booking Request, the Artist will receive a notification in the inbox of our app or platform, as well as their smartphone if the Artist has notifications enabled, and they will be able to accept or reject the Booking Request. In addition, an Artist and Venue may “discuss” a booking request using our “chat” feature, in order to negotiate additional terms and conditions of a Gig.

Venue understands and agrees that Venue is responsible for soliciting, accepting or booking any Gigs offered over our Service and responsibly managing its event schedule. Venue agrees that Venue will not double book Artists, whether intentionally or unintentionally and directly or indirectly, and whether using our Service or not (such as by booking a performer via a booking agent or other means). In the event Venue does double book an Artist or performer for the same date and time, or substantially similar dates and times, then MusicCred reserves the right to cancel one of the Booking Requests or Gigs at its sole discretion and neither MusicCred, nor the Artist associated with the Booking Request or Gig, will be liable to you in any way. Furthermore, in the event MusicCred determines in its sole discretion that Venue is improperly double booking, or otherwise using the Service in an unacceptable manner, MusicCred reserves the right to charge a cancellation fee at its then current rates and charges. Venue acknowledges this reservation of rights by MusicCred and expressly agrees to it.

Certain parts of the Service may require Venue to directly or indirectly incur costs or fees (such as catering, security, lodging, etc.). MusicCred is in no way responsible for any such costs incurred by Venue as a result of using our Service, whether Venue uses it to solicit Booking Requests and obtain Gigs or for any other purpose. Furthermore, an Artist that accept Venue’s Booking Request shall not be liable to Venue for any costs or fees associated with operating Venue’s business unless Artist and the Venue agree to an alternative arrangement in writing prior to the Gig. In either event, MusicCred shall not be responsible. Venue is solely responsible for managing ticket sales, crowd control, catering to patrons, and any duty or responsibility associated with live performance and inviting individuals onto a premises for purposes of an event.

Rules of Behavior.

You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal and proper.
You will not abuse, defame, harass, stalk, threaten, intimidate, place in a false light, or otherwise violate the legal rights of others.
You will not assault, batter, or physically attack, injure, or otherwise harm any party with whom you contract over our Service (such as an Artist or Venue, including either party’s employees, contractors, managers, officers, directors, and owners).
You will not violate the privacy or publicity rights of others.
You will not upload, post or link to any material that is inappropriate, discriminatory, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
You will not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
You will not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
You will not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind.
You will not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
You will not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
You will not impersonate another person, group of people, or entity at any times, which includes not using anyone else’s username or password.
You will not use the MusicCred Service for any illegal, immoral, or unauthorized purpose.
You will abide by all applicable federal, state and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
You cannot modify, edit, or delete any Content and communications of the MusicCred site and/or of other individuals other than your own Content.
You will not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
You will not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
You will not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through our Services.
You will not interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
You will not state or imply that any of your submitted and or posted Content is endorsed by MusicCred or any affiliate thereof.
You will not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 18 years of age).
You will not engage in any “spamming” of any kind, including without limitation ad spamming.
You cannot use the MusicCred name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression MusicCred is associated with, or endorses, or is in any way connected with you, your business, or your Content.

WHILE MUSICCRED EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT MUSICCRED SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY MUSICCRED IN WRITING.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, MUSICCRED CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

Content. As a registered user, you will be able to upload and post a great variety of materials and information, including but not limited to text, audio, video, photographs, graphics and other materials (“Content”). This means that you have sole responsibility, not MusicCred, for all of the Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload or link to on MusicCred is entirely your responsibility. However, MusicCred reserves the right to take down or remove any Content that you write, post, upload, link, or otherwise share using our Service in the event we deem it harmful, offensive, infringing, or in breach of this TOS or any of our other written policies

MusicCred shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other MusicCred members or otherwise created, distributed and displayed on any part of the Service. MusicCred does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

The Content created by you must be owned by you and if you do not own such Content you must have been granted a license or prior permission to publish, reproduce, distribute, or otherwise use such Content by its owner. MusicCred does not own any of the Content you post or otherwise publish on our app or Service; however, you hereby grant us a universal, irrevocable, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your account or profile, to publicly display, modify, reproduce and distribute your Content, in whole or in part, on the site for editorial and promotional purposes of the site. MusicCred reserves the right to exploit or promote this Content in connection with the promotion of the Service and other services offered by MusicCred. In addition, by using our app and Service, you hereby grant us a universal, irrevocable, royalty-free, unlimited, non-exclusive license to use your name, image, or likeness that is contained on any of your Content uploaded or posted to our app/Service as well as that which is contained in your profile.

Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. MusicCred shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify MusicCred with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users and third-parties that you are reproducing or using their Content without permission. MusicCred will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same other than as may be specifically required by law.

You acknowledge that MusicCred may or may not pre-screen Content but that MusicCred and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or is otherwise objectionable as determined by MusicCred in its sole discretion.

MusicCred may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of MusicCred, its users and the public.

MusicCred respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, MusicCred may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact MusicCred as soon as practically possible at support@musiccred.com with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of where the material you claim is infringing is located on the site;
your name, address, telephone number, and email address;
a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.

Links. The Service may provide, or third parties including MusicCred members may provide, links to other websites or resources, which are not maintained by or related to MusicCred. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with MusicCred. MusicCred has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that MusicCred is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that MusicCred is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF MUSICCRED REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, MUSICCRED HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
Indemnity. You agree to indemnify, defend, and hold MusicCred, its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of the Service in violation of these TOS, your tortious or otherwise improper actions, your violation of any rights of another third party whether they be an individual or entity, and/or your violation of any applicable law, rule or regulation.
No Resale of Service. You agree not to, without the express prior written consent of MusicCred in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.
Modification and Termination of the Service. MusicCred reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MusicCred will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Service.
MusicCred Privacy Policy. Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at findMusicCred.com. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety.
Registration. In order to use certain aspects of the Service you are required to register. We refer to registered users as “Artists” or “Venues”. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
You agree to provide true, accurate, current and complete information as required on the Service’s Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, MusicCred has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
You agree that MusicCred may, under certain circumstances and without prior notice, immediately terminate your MusicCred account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to:(i) a breach or violation of the TOS or other MusicCred policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in MusicCred’s sole discretion and that MusicCred will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to the Service.
You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason.
You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact MusicCred immediately. It is up to you to maintain the confidentiality of your password and account. MusicCred is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.

Practices regarding Use and Storage. You acknowledge that MusicCred may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of messages which may be sent by or received to an account via our Chat function of the Service, the maximum amount of disk space that will be allotted on MusicCred’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that MusicCred has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that MusicCred reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that MusicCred has the right to modify these practices and limits from time to time.
MusicCred Proprietary Rights; Trademarks and Copyrights. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of MusicCred and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by MusicCred or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge MusicCred’s exclusive rights in the MusicCred trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on MusicCred are the property of MusicCred or the party that provided such intellectual property to MusicCred. MusicCred and any party that provides intellectual property to MusicCred retain all rights with respect to any of their respective intellectual property appearing on MusicCred, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
No Co-Branding or Framing. You may not use or authorize any party to co-brand or frame MusicCred or any Service without the express prior written permission of an authorized representative of MusicCred, as applicable, in each instance. For purposes of this TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute MusicCred, in whole or in part, and/or any content accessible within MusicCred. For purposes of this TOS, “framing” refers to displaying any MusicCred webpage or Service within a bordered area of another website, regardless of whether the address of the originating MusicCred is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from MusicCred.
Disclaimer of Warranties. The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. MUSICCRED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MUSICCRED MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from MUSICCRED or through or from the Service shall create a warranty not expressly stated in these TOS.

Limitation of Liability. You expressly understand and agree that MusicCred will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if MusicCred has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service. In no event will MusicCred be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.
Special Admonition for Services Relating to Financial Matters. If you receive or request any news, messages, or other information from the Service concerning stock quotes, companies, investments, or securities, remember that the Service is provided for entertainment purposes only, and no Content included or information made available by the Service is intended for trading or investing purposes. MusicCred and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.
Personally Identifiable Information. MusicCred cautions you against giving out any personally identifying information about yourself, your children, or any other person in any Service. In an effort to preserve your privacy, MusicCred agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy located at findMusicCred.com.
Disclosures Required by Law. MusicCred reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. MusicCred reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MusicCred to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. MusicCred will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that MusicCred shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD MUSICCRED HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MUSICCRED DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MUSICCRED OR ANY LAW ENFORCEMENT ORE REGULATORY AUTHORITIES.

Disputes. If there is any dispute about or involving the MusicCred and/or the Service, you agree that any dispute shall be governed by the laws of the State of Tennessee, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Davidson County, Nashville, Tennessee.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Miscellaneous Terms; General Information. These TOS govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MusicCred with respect to the Service and this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. MusicCred may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.

The failure of MusicCred to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by MusicCred must be in writing and signed by an authorized representative of MusicCred to be effective.

If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.

Please immediately report any violations of these TOS to MusicCred at support@musiccred.com.

WEBSITE TERMS OF SERVICE

Acceptance of the Terms of Use

These terms of use are entered into by and between you and MusicCred, Inc. (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of MusicCred.com, including any content, functionality, applications, and services offered on or through MusicCred.com (the “Website“), whether as a guest or a registered user.

By using the Website, you accept and agree to be bound and abide by these Terms of Use, our Mobile Application End User License Agreement, and our Privacy Policy, each incorporated herein by reference (collectively the “Documents”). If you do not want to agree to the Documents, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that (1) if you are an individual, you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements, and (2) if you access the Website in a professional capacity, you have the authority to enter into a binding contract for the company, person, or entity you are representing. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Except as expressly permitted, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term “CREDibility Score,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

User Contributions and Listings

The Website may contain message or chat functionality, personal web pages or profiles, bulletin boards, gig and help wanted listings, and other interactive features (collectively, “Networking Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions are accurate, complete, and correct as posted.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, including any User Contributions. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Networking Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Except for permitted listings of open gigs or help wanted, involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website, including CREDibility Scores, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including User Contributions and other materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. WE DO NOT REVIEW OR MONITOR ANY USER CONTRIBUTIONS RELATING TO GIGS, HELP WANTED, OR OTHERWISE. IT IS YOUR SOLE RESPONSIBILITY TO VERIFY THE IDENTITY OF THE POSTER, THE ACCURACY OF THE MATERIALS POSTED, AND ANY AND ALL OTHER INFORMATION RELATING TO USER CONTRIBUTIONS BEFORE YOU RESPOND TO THEM. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

The Website contains links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in User Contributions from other users, and in advertisements including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT INCLUDING USER CONTRIBUTIONS AND CREDIBILITY SCORES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, CREDIBILITY SCORES, USER CONTRIBUTIONS, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and our Mobile Application End User License Agreement constitute the sole and entire agreement between you and MusicCred, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by MusicCred, Inc., Fort Walton Beach, Florida.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@musiccred.com.

Last Modified: April 25, 2023

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TERMS OF SERVICE

MusicCred, Inc. TOS

Please review this TOS carefully. By accessing or using any of the Services, including by creating an account, you acknowledge that you have read, understood, and agreed to be bound by this TOS.

Acceptance of Terms. Please review this TOS carefully. By accessing or using any of the Services, including by creating an account or registering as a user, you acknowledge that you have read, understood, and agreed to be bound by this TOS. This TOS is a legally binding contract between you and us. By accepting this TOS, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into this TOS. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. This TOS and all of its terms and conditions will remain in effect while you access or use the Services. This TOS incorporates by reference any additional terms and conditions, where detailed herein (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with these Additional Terms, whether or not you are a registered user of MusicCred. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at musiccred.com, or within our application, and you should check regularly for updates and changes.

The Service. MusicCred makes available a collection of resources to its registered and non-registered users as the Service. Registered users can create pages which allow them to do the following: solicit and/or accept bookings/gigs; upload, post, or share Content (as defined herein); link to external websites and media (such as social media pages); engage in marketing, advertising, or other promotional activities; accept or send payments (via a third party platform called Stripe), and more (collectively, “Pages”). MusicCred charges a booking fee of ten percent (10%) for any Gig (as defined below) booked or otherwise secured, whether in whole or in part and directly or indirectly, using our Service, with the minimum MusicCred fee being $15 (the “Booking Fee”). Venue agree that Music Cred may deduct the Booking Fee from any monies paid by Venue to Artist pursuant to a Gig, including without limitation the Deposit and Performance Fee (each, as defined below).

Terms Applicable to Artist or Band Use of the Service

Notice. All notices to between Artist and Venue will be in writing and will be sent via email or to the postal address provided by Artist or Venue

Governing Law. This agreement will be governed in all respects by the laws of the State of in which Venue is principally located and otherwise incorporated.

Terms Applicable to Venue Use of the Service

MusicCred does not handle the exchange of funds between Venue and Artist and only takes its fee at the time a Venue pays an Artist for a Gig, i.e., at the time of payment processing via Stripe. MusicCred charges a booking fee of ten percent (10%) for any Gig booked or otherwise secured, whether in whole or in part and directly or indirectly, using our Service, with the minimum MusicCred fee being $15 (the “Booking Fee”). Venue agree that MusicCred may deduct the Booking Fee from any monies paid by Venue to Artist pursuant to a Gig, including without limitation the Deposit and Performance Fee.

Notice. All notices to between Artist and Venue will be in writing and will be sent via email or to the postal address provided by Artist or Venue

Governing Law. This agreement will be governed in all respects by the laws of the State of in which Venue is principally located and otherwise incorporated.

Rules of Behavior.

You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal and proper.
You will not abuse, defame, harass, stalk, threaten, intimidate, place in a false light, or otherwise violate the legal rights of others.
You will not assault, batter, or physically attack, injure, or otherwise harm any party with whom you contract over our Service (such as an Artist or Venue, including either party’s employees, contractors, managers, officers, directors, and owners).
You will not violate the privacy or publicity rights of others.
You will not upload, post or link to any material that is inappropriate, discriminatory, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
You will not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
You will not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
You will not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind.
You will not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
You will not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
You will not impersonate another person, group of people, or entity at any times, which includes not using anyone else’s username or password.
You will not use the MusicCred Service for any illegal, immoral, or unauthorized purpose.
You will abide by all applicable federal, state and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
You cannot modify, edit, or delete any Content and communications of the MusicCred site and/or of other individuals other than your own Content.
You will not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
You will not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
You will not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through our Services.
You will not interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
You will not state or imply that any of your submitted and or posted Content is endorsed by MusicCred or any affiliate thereof.
You will not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 18 years of age).
You will not engage in any “spamming” of any kind, including without limitation ad spamming.
You cannot use the MusicCred name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression MusicCred is associated with, or endorses, or is in any way connected with you, your business, or your Content.

Content. As a registered user, you will be able to upload and post a great variety of materials and information, including but not limited to text, audio, video, photographs, graphics and other materials (“Content”). This means that you have sole responsibility, not MusicCred, for all of the Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload or link to on MusicCred is entirely your responsibility. However, MusicCred reserves the right to take down or remove any Content that you write, post, upload, link, or otherwise share using our Service in the event we deem it harmful, offensive, infringing, or in breach of this TOS or any of our other written policies

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of where the material you claim is infringing is located on the site;
your name, address, telephone number, and email address;
a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.

Links. The Service may provide, or third parties including MusicCred members may provide, links to other websites or resources, which are not maintained by or related to MusicCred. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with MusicCred. MusicCred has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that MusicCred is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that MusicCred is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF MUSICCRED REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, MUSICCRED HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
Indemnity. You agree to indemnify, defend, and hold MusicCred, its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of the Service in violation of these TOS, your tortious or otherwise improper actions, your violation of any rights of another third party whether they be an individual or entity, and/or your violation of any applicable law, rule or regulation.
No Resale of Service. You agree not to, without the express prior written consent of MusicCred in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.
Modification and Termination of the Service. MusicCred reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MusicCred will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Service.
MusicCred Privacy Policy. Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at findMusicCred.com. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety.
Registration. In order to use certain aspects of the Service you are required to register. We refer to registered users as “Artists” or “Venues”. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
You agree to provide true, accurate, current and complete information as required on the Service’s Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, MusicCred has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
You agree that MusicCred may, under certain circumstances and without prior notice, immediately terminate your MusicCred account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to:(i) a breach or violation of the TOS or other MusicCred policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in MusicCred’s sole discretion and that MusicCred will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to the Service.
You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason.
You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact MusicCred immediately. It is up to you to maintain the confidentiality of your password and account. MusicCred is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.

Practices regarding Use and Storage. You acknowledge that MusicCred may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of messages which may be sent by or received to an account via our Chat function of the Service, the maximum amount of disk space that will be allotted on MusicCred’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that MusicCred has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that MusicCred reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that MusicCred has the right to modify these practices and limits from time to time.
MusicCred Proprietary Rights; Trademarks and Copyrights. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of MusicCred and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by MusicCred or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge MusicCred’s exclusive rights in the MusicCred trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on MusicCred are the property of MusicCred or the party that provided such intellectual property to MusicCred. MusicCred and any party that provides intellectual property to MusicCred retain all rights with respect to any of their respective intellectual property appearing on MusicCred, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
No Co-Branding or Framing. You may not use or authorize any party to co-brand or frame MusicCred or any Service without the express prior written permission of an authorized representative of MusicCred, as applicable, in each instance. For purposes of this TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute MusicCred, in whole or in part, and/or any content accessible within MusicCred. For purposes of this TOS, “framing” refers to displaying any MusicCred webpage or Service within a bordered area of another website, regardless of whether the address of the originating MusicCred is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from MusicCred.
Disclaimer of Warranties. The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. MUSICCRED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No advice or information, whether oral or written, obtained by you from MUSICCRED or through or from the Service shall create a warranty not expressly stated in these TOS.

Limitation of Liability. You expressly understand and agree that MusicCred will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if MusicCred has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service. In no event will MusicCred be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.
Special Admonition for Services Relating to Financial Matters. If you receive or request any news, messages, or other information from the Service concerning stock quotes, companies, investments, or securities, remember that the Service is provided for entertainment purposes only, and no Content included or information made available by the Service is intended for trading or investing purposes. MusicCred and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.
Personally Identifiable Information. MusicCred cautions you against giving out any personally identifying information about yourself, your children, or any other person in any Service. In an effort to preserve your privacy, MusicCred agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy located at findMusicCred.com.
Disclosures Required by Law. MusicCred reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. MusicCred reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MusicCred to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. MusicCred will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that MusicCred shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

Disputes. If there is any dispute about or involving the MusicCred and/or the Service, you agree that any dispute shall be governed by the laws of the State of Tennessee, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Davidson County, Nashville, Tennessee.

Miscellaneous Terms; General Information. These TOS govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MusicCred with respect to the Service and this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. MusicCred may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Please immediately report any violations of these TOS to MusicCred at support@musiccred.com.

WEBSITE TERMS OF SERVICE

MusicCred Website Terms of Use

Acceptance of the Terms of Use

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Except as expressly permitted, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

Trademarks

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

User Contributions and Listings

All User Contributions must comply with the Content Standards set out in these Terms of Use.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions are accurate, complete, and correct as posted.
All of your User Contributions do and will comply with these Terms of Use.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Content Standards

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Except for permitted listings of open gigs or help wanted, involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

Changes to the Website

Information About You and Your Visits to the Website

Linking to the Website and Social Media Features

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

Geographic Restrictions

Disclaimer of Warranties

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

Governing Law and Jurisdiction

Arbitration

Limitation on Time to File Claims

Waiver and Severability

Entire Agreement

Your Comments and Concerns

This website is operated by MusicCred, Inc., 1505 Promenade Parkway, #108, Irving, Texas 75039.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@musiccred.com.

Last Modified: April 25, 2023

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