TERMS OF SERVICE AND USE AND PRIVACY FOR MUSIKLISTS
Welcome to Musiklists. When you sign up for Musiklists, you are joining a community of music makers and music listeners. The Musiklists Community wants all members to have an enjoyable time.
YOU AGREE TO THESE TERMS OF SERVICE AND USE AND PRIVACY if you visit, join, or use the site. These are Musiklists’ Terms of Service and Use and Privacy, or TOSUP.
By visiting or using or joining or visiting Musiklists, you agree to these TOSUP. If you do not agree with the TOSUP, do not visit or use or join Musiklists.
These TOSUP will be added to or changed from time to time, and you agree to be bound by those changes, which you will find here.
Musiklists may or may not give notice of any changes to the TOSUP, so you should check here from time to time to see if there are changes.
IF AT ANY TIME YOU DO NOT AGREE TO BE BOUND BY THE TOSUP, stop using the site. If you have uploaded music, delete your songs using your Admin console.
If you have created an account and wish to delete it, email firstname.lastname@example.org and tell us to delete your account.
ADDITIONAL TERMS THAT APPLY TO MUSICIANS UPLOADING MUSIC:
- Musicians - Which songs can be uploaded: Musiklists is for independent, unsigned musicians and songwriters only. Only upload music that you fully own.
This means you must be the songwriter(s) as well as the musician(s). Do not upload cover songs or songs written by someone else.
Do not upload songs performed by someone else. Do not upload songs on which you have assigned your rights to someone else,
such as a publisher or record label. Do not upload songs on which you could be owed a royalty, such as if you are a member
of a PRO (performing rights organization such as ASCAP or BMI. Musiklists does not pay any royalties and so you must not
upload any songs on which any royalty could be owed. DO NOT upload any songs that have words or meanings that are obscene, violent, overly sexual,
or disrespectful to any race, sex, gender, religion, or age category. If you are not certain whether a particular song is acceptable for upload onto Musiklists,
please email email@example.com and ask first.
- Before you upload any song, ask yourself: Did I write this song? Did I perform this song? If both answers are yes, then ask yourself: Have I signed over
any rights on this song to anyone else, such as a publisher, record label, or performing rights organization? Is this song violent or disrespectful to any person or group?
If your song is clear and you are free to upload it, please do.
- Musicians - Song Copyrights: When you upload songs to Musiklists, the copyrights on your music continue to belong to you. Musiklists does not take or claim any copyright or ownership on your music.
- Musicians - Permission: When you upload your song(s) to Musiklists, you are giving permission for the song to be used on Musiklists for the purpose of being listened to and rated by other users. You give this permission by uploading the song.
If you wish to revoke this permission going forward, you can simply delete the song off Musiklists using your Admin console.
- Music Sales. In the future, songs that are uploaded to Musiklists will be sold on the site and the money collected will be split between Musiklists and the musician who uploaded the music. There will be more information on music sales
as this function becomes implemented and any musician may opt out of this service.
- Musicians - Removal of Songs off Musiklists. To remove any song off Musiklists, delete it using your Musiklists Admin console.
- Third Party Copyright Claim/ DMCA Notices: If you believe that a song on Musiklists is violating your copyright, promptly contact the Musiklists DMCA Agent
by emailing firstname.lastname@example.org with a DMCA Takedown Notice.
Third Party Objections to Songs: If you think a song does not belong on Musiklists because of the content, please email
email@example.com with a link to the song and tell what you think is wrong with it.
TERMS OF SERVICE AND USE AND PRIVACY FOR ALL MUSIKLISTS USERS, MUSICIANS, MUSIC LISTENERS, VISITORS AND MEMBERS:
You agree to use Musiklists only in the way that is intended. You shall not use Musiklists to harm the site or the services or to harm any other user. This means:
QUESTIONS, COMMENTS, COMPLAINTS, COMPLIMENTS, SUGGESTIONS. Please email Musiklists at
No Users Under Age 13. No users under age 13 are allowed on Musiklists. If you are under age 13, you may ask your parent or guardian to make an account and supervise
you while you use their account. When you are 13 years old, you may make your own account.
GDPR No Users Under Age 15. If you live in the GDPR nations, you are not allowed on Musiklists if you are under age 15.
You may ask a parent or guardian to make an account and supervise you while you use their account. When you are 15 years old,
you may make your own account. As of now, the GDPR covers all of the European Union Member States, which includes: Austria,
Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. The United Kingdom is still part
of the EU and governed by GDPR. This includes: Channel Isles, England, Northern Ireland, Scotland, and Wales. GDPR also includes the
European Economic Area Countries, which are Iceland, Lichtenstein, and Norway. Dependent territories and countries that are
in the EU though, not in Europe, are governed by GDPR, which include: Azores, Canary Islands, Guadeloupe, French Guiana, Madeira,
Martinique, Mayotte, Reunion, and Saint Martin. If you live in any of these places, privacy laws require you to be at least 15 years old to use Muskilists.
RESPECT THE WEBSITE. You shall not in any way try to change the site, such as by injecting code, injecting malware, using any sort of
automated system on the site, downloading any lists or data or information for use elsewhere, copying any data or materials for use elsewhere,
defacing or changing the site, deleting any part of the site, creating modifications for the site, gaming the site or its results
in any way, or in any other way trying to harm the site. Doing any of these things may be illegal and may subject you to federal or
state criminal prosecution, with the possibility of a prison sentence or monetary fines and restitution. If you have any question whether
it is okay to do something on this site, please contact Musiklists at firstname.lastname@example.org to ask first before doing any such thing that
can harm the site and ruin your own life. Please be a friend of Musikllists and help us to keep our site safe and secure.
If the Musiklists site has any weaknesses or vulnerabilities that allow it to be misused or exploited in any way, please email
email@example.com and tell us so that we can fix it. Any such vulnerability does not give you permission to exploit that vulnerability.
Exploiting any such vulnerability may be charged as a crime under federal or state laws. Please be a friend of Musiklists and help us to keep our site safe and secure. We appreciate your help in this.
RESPECT THE OTHER USERS. You shall not do anything to harm other users, including posting comments about them that are mean, crude, false, defamatory,
revealing their personal information, or attacking someone based on their race, gender, religion, or sex, size, age, or looks. Do not make any sexual
comments or violent comments at all. Try to keep your comments constructive. If you do not like something, please say so without attacking the other person.
It may be more helpful to find something you do like about it and state that or to skip commenting. Musiklists wants everyone to feel happy and safe to use the site.
You shall not use Musiklists to contact other users for purposes such as asking for sexual pictures of them or trying to sell them products or services.
We hope some Musiklists users become supporters or friends of each other, but we urge everyone to use caution in dealing with anyone online, even on this site.
It is against the TOSUP to misrepresent yourself to other users by using or sending a false picture of yourself, using the site for any sexual purpose,
giving a false name, having multiple accounts, or pretending to be an A&R representative or agent or manager. Any users who are A&R or that work with a
record label or studio are asked to register with Musiklists as professional users of the site.
COMPLAINTS ABOUT OTHER USERS: If any other user has acted improperly toward you, please email Musiklists at firstname.lastname@example.org to let us know.
If you believe any other user has committed a crime in dealing with you, please report it to Musiklists and also report it to your local police.
ALTERNATIVE DISPUTE RESOLUTION. WAIVER OF RIGHT TO FILE ANY LAWSUIT OR COURT ACTION OF ANY TYPE. By using or visiting Musiklists,
you shall be bound by this agreement that you are waiving and giving up any right you may have to file any lawsuit or court action or complaint
of any kind at any time now or in the future, anywhere in the world, for any purpose. Musiklists shall decide all disputes of every kind and all
decisions of Musiklists shall be final. If any dispute persists, it shall be decided only through an arbitration service chosen by Musiklists,
in a location chosen by Musiklists, with a single binding arbitrator, and the decision shall be final. If any lawsuit or court action of any kind is
filed in any court anywhere, it shall be cause for immediate dismissal that this waiver is not being followed. Any Musiklists user filing any such
lawsuit or court action shall be liable for the attorney fees and costs of Musiklists, as well as of their own attorney fees and costs.
DISCLAIMER OF ANY DUTIES. Musiklists has no duty of any kind to its users. Musiklists does not make any guarantees or warranties or promises to the musicians
or listeners or any other users or visitors to the site or to any third parties. You use Musiklists at your own risk.
PRIVACY, COOKIES, AND INFORMATION COLLECTED AND STORED BY MUSIKLISTS include:
Email addresses. Users and bands create accounts and Musiklists saves their email addresses in the database so they can log in to the website again.
Cookie for authentication. Every time a user logs in the website, there's a cookie stored in the user’s browser for authentication purposes.
IP Address. Musiklists captures the IP address of all users and visitors to run scripts and see where users are geographically.
Music. Musiklists will keep and store in mp3 format all songs that are uploaded.
Likes, Dislikes, Reveals. Musiklists keeps tracks of whether a user has liked or disliked a song, and whether the user has chosen to
reveal the name of the band or musician. This data will later be compiled and given as a report to the bands or musicians, with the names of the music listeners removed.
Data about Likes, Dislikes and Reveals may be compiled, with the music listeners' names removed, to show people and companies
in the music industry which artists are trending and which songs are popular.
PERSONAL INFORMATION. The users' email addresses, IP addresses, names, or user names will not ever be sold or shared.
DATA BREACH. In case of a data breach or hacking, users will be notified by email if it appears that any personal information has been accessed or stolen.
Musiklists shall not be responsible for any damages or losses of any kind caused by a data breach.