Guguchu Terms and Conditions
This Agreement (hereinafter the "Agreement") is made and entered by and between JFBS, Inc ("Guguchu"), the owner and operator of the website known as "Guguchu" with an Internet URL of www.guguchu.com (the “Site”), and the Artist, being the Artist, artists, band, group or record company (hereinafter the "Artist").
THE GUGUCHU SERVICE
Guguchu’s mission is to provide online tools for musicians that are easy to use, powerful and useful. It offers easy to use, rich products for gig booking, fan development, communication, promotion, distribution, and more. (“Service”). To ensure the Artist is knowledgeable about all features of the Guguchu Service it will sometimes be necessary for Guguchu to send important notifications by email, post and postings within the Site.
RULES AND CONDUCT
The Artist agrees to use the Guguchu Service for the use it is intended.
The Artist agrees not to violate any laws when using the Guguchu Service but comply with all applicable laws. Guguchu will not be held liable for any laws violated by the Artist.
The Artist shall not: (i) take any action that imposes or may impose (as determined by Guguchu in its sole discretion) an unreasonable or disproportionately large load on Guguchu’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) use any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
The Artist shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
The Artist’s personal information must be true, accurate and correct. It is an offence to provide false personal details.
The Artist must not impersonate another person or entity.
The Artist must be 12 years of age or older to open an account. Artists between 12 and 18 years of age must only open an account with the permission of a parent/guardian.
The Service must not be used to inflict harm on others.
The Artist is obligated to notify Guguchu of any violations of this Agreement.
SELLING MUSIC AND MERCHANDISE THROUGH GUGUCHU
Artists who elect to sell music or merchandise through Guguchu must be at least 18 years old and a resident of the United States or one of the countries listed on the PayPal WorldWide page www.paypal.com/us/cgi-bin/?&cmd=_display-approved-signup-countries-outside.
CHARGEBACKS, RETURNS AND REFUNDS
On occasion, technical problems may delay or prevent delivery of purchased music. The buyer's exclusive and sole remedy with respect to music that is not delivered within a reasonable period will be either replacement of such music, or refund of the purchase price paid for such music, as determined by Guguchu in its sole discretion.
Artists are responsible for chargebacks filed for reasons such as material difference in the music and merchandise and non-receipt.
If a buyer of music and merchandise receives an item different than what was described by the Artist, the buyer must contact the Artist directly to report the defect or damage within 14 days of receiving the shipment. The buyer and Artist should be able to reach an amicable agreement with one another. Please note that items purchased from Guguchu Artists need to be returned directly to the Artist and not to Guguchu.
SUBMISSION OF MATERIAL
The Artist acknowledges and agrees that the Artist is solely responsible for all materials that is uploaded or published on the Site, including without limitation, music, sound, links, photographs, pictures, artwork, lyrics, video, files and any other materials ("Content").
The Service provides you with the ability upload your Content to the Site. Guguchu will not have any ownership rights to your Content, however, Guguchu needs the following license to perform the Service.
You hereby grant Guguchu the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit (“Host”) the Content; (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, buy and otherwise use the Content; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your band or group, in connection with the provision of the Service.
To enable Guguchu to Host your Content pursuant to the above provisions, you hereby grant to Guguchu the worldwide, non-exclusive, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service.
By uploading any Content to the Site:
you represent and warrant, and can demonstrate to Guguchu’s full satisfaction upon request, that (i) you own or otherwise control all rights to all content in such Content, or that the Content is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in such Content, (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Content, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Content as contemplated by this Agreement and (iv) you are authorized to grant all of the aforementioned rights to the Content and all users of the Service.
you represent and warrant that the use or other exploitation of such Content Guguchu and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
FAN PERSONAL INFORMATION
In connection with certain features of the Service, including requiring fans to provide you with their e-mail addresses, mobile number, country of residence, zip code and other personal information in order to access the free download option, you may collect certain types of Fan Information. ("Fan Information"). As a condition to receiving such Fan Information, the Artist acknowledges and agrees that it will not disclose, rent, or sell any Fan Information to any third party, and the Artist will use the Fan Information only in connection with the Artist’s mailing / SMS list, in order to provide fans with general information and news about the band, such as upcoming shows and new music. You further agree that any e-mail or SMS sent to your mailing list will include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning "opt-out" mechanism).
THIRD PARTY SITE
The Service may permit the Artist to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, the Artist does so at its own risk. These other websites are not under Guguchu's control, and the Artist acknowledges that Guguchu is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Guguchu or any association with its operators. The Artist further acknowledge and agrees that Guguchu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
FEES AND PAYMENT
Guguchu reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site in connection with such features. Guguchu reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Service by the Artist following such notification constitutes your acceptance of any new or increased charges.
RESPONSIBILITY FOR CONTENT
The Artist agrees to and shall be responsible for any costs, attorneys' fees and/or damages incurred or assessed against Guguchu and its owners, officers, directors, employees, agents and representatives because of and/or arising out of any action taken in response to, and/or suggested by, the Artist's Content, including, but not limited to, suggestions and/or or inducements that a listener should and/or engage in any illegal, unsafe, scandalous, obscene, libelous or morally deviant and/or otherwise inappropriate behavior.
The Artist agrees to and will indemnify and hold Guguchu (and its owners, officers, directors, employees, agents and representatives) harmless, and the Artist agrees to and will pay any defense costs, attorneys' fees and costs as well as any and all damages and/or payments assessed against Guguchu on account of any illegal, unsafe, scandalous, obscene, libelous or morally deviant and/or otherwise inappropriate material contained in the Artist's Content.
Guguchu shall not be responsible for editing any Content. However, Guguchu retains the right, in its sole discretion, to delete and/or decline to use any Content that in Guguchu's opinion is illegal, unsafe, scandalous, obscene, libelous, morally deviant and/or otherwise of an inappropriate nature.
The Artist agrees and warrants that the Artist shall immediately notify Guguchu, in writing to the notice address listed herein, if any claim of infringement, obscenity, incitement, or any other legal action is brought against the Artist in connection with any Content.
This Agreement is personal to the Artist. The Artist may not assign or otherwise transfer the Artist's rights and duties under this Agreement without prior written notice to Guguchu and written consent of Guguchu. Any such purported assignment without notification is null and void.
LIMITATION OF LIABILITY
In no event will the company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the web site or the service, even if the company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of: (a) the amount paid, if any, by you to the company for the services; and (b) ten dollars ($10). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
WARRANTIES AND DISCLAIMER OF WARRANTIES
No party shall be liable to the other party for any indirect, incidental, consequential, special and/or punitive damages relating to the performance of this Agreement, and/or arising hereunder, even if advised of the possibility of such damages, except as expressly provided in this agreement. Each party disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. except as expressly provided for in this agreement (including without limitation, no representation or affirmation of fact, including, but not limited to, statements regarding suitability for use or performance of the platform or the affiliate technology), whether made by a party's representative, employee or otherwise, shall be deemed to be a warranty by that party for any purpose, and/or give rise to any liability of that party.
CHOICE OF LAW
The Artist hereby agrees and acknowledges that this Agreement shall be deemed to have been made in the State of New York and shall be interpreted and governed by the laws of that state, without regard to its conflict of laws provisions. The Artist agrees and submits to the personal jurisdiction and venue in the state and/or federal courts in the State and City of New York. Notwithstanding the statutory period of limitations provided for in New York, it is hereby acknowledged and agreed by the Artist that any claim under or in connection with this Agreement related to allegations that Guguchu breached the Agreement shall be brought within one (1) year after the cause of action accrues, or such claim or cause of action is time-barred. In the event of any controversy or dispute between Guguchu and the Artist arising out of or in connection with the use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
MODIFICATION OF AGREEMENT
This Agreement sets forth the entire agreement between you and Guguchu pertaining your use of the Site and the Services. Guguchu reserves the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Site. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Guguchu's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Please contact Company at the following address: email@example.com.