Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE, AFFILIATED SITES, MOBILE SITES AND ANY Artist One MOBILE APPLICATION, AND YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS BY YOUR USE OF THE SAME. BY ACCESSING OR USING THESE SITES OR APPLICATIONS, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These terms and conditions (the “Terms of Use”) govern the relationship and serve as a binding agreement by and between you and Artist One Music Group LLC (“Artist One,” “we,” or “us”) as a material condition of and through your use of Artist One’s websites, mobile sites or mobile applications (the “Sites”).

The Sites are provided for private, non-commercial use. For purposes of the Terms of Use, “you” and “your” means you as the user of the Sites.

You accept the Terms of Use by accessing or using the Sites. You understand and agree that we will treat your access or use of the Sites as acceptance of the Terms of Use from that point onwards. Your use of the Sites constitutes your agreement to follow and be bound by the Terms of Use. The Terms of Use form a legally binding agreement between you and us. Please take the time to read them carefully. Any other agreements between you and Artist One relating to the subject matter herein are superseded. We reserve the right to modify the Terms of Use at any time in our sole discretion without prior individual notice. Any modifications to the Terms of Use will be posted on the Sites with a revised “last updated” date, and you will be deemed to have agreed to these modifications through your continued use of the Sites. For this reason, we encourage you to review the Terms of Use frequently. If you do not agree to the Terms of Use, please do not use the Sites.

Access to certain Sites or features of Sites may be subject to age restrictions and not available to all users of the Sites. These Sites are intended solely for users who are 18 years of age or older. Any registration by, use of or access to these Sites by anyone under 18, is unauthorized, unlicensed and in violation of the Terms of Use. By using these Sites, you represent and warrant that you are 18 or older, and that you agree to and abide by all of the terms and conditions of the Terms of Use.

You should print off or save a local copy of the Terms of Use for your records.

Personal information you provide to us may be used in accordance with our Privacy Policy. By accessing or using the Sites, you confirm that you have the legal capacity to form a binding contract with Artist One, and that you accept our Privacy Policy.

As the Sites may be accessed globally, if you choose to access the Sites from locations other than the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the United States or the country in which you reside. Notwithstanding the foregoing, Artist One makes no representation that materials on the Sites are appropriate or available for use in locations outside the United States, as applicable, and accessing them from territories where their contents are illegal is prohibited.

Your Use

Your access to and use of the Sites is subject to the Terms of Use and all applicable laws and regulations. You may not:

access or use the Sites if you are not fully able and legally competent to agree to the Terms of Use;
make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Sites or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Sites or any derivative works thereof;
distribute, license, transfer, or sell, in whole or in part, any of the Sites or any derivative works thereof;
market, rent, or lease the Sites for a fee or charge, or use the Sites to advertise or perform any commercial solicitation;
use the Sites, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
interfere with or attempt to interfere with the proper working of the Sites, disrupt our website or any networks connected to the Sites, or bypass any measures we may use to prevent or restrict access to the Sites;
incorporate the Sites or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Sites in our sole discretion;
use automated scripts to collect information from or otherwise interact with the Sites;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Sites;
intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
use the Sites in a manner that may create a conflict of interest or undermine the purposes of the Sites, such as trading reviews with other users or writing or soliciting fake reviews;
use the Sites to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
use the Sites for any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
use the Sites to obtain or publish any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
use the Sites to promote any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
use the Sites to promote any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
use the Sites to promote any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities or self-harm;
use the Sites to promote any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
use the Sites to promote any material that contains a threat of any kind, including threats of physical violence;
use the Sites to promote any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
use the Sites to promote any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
use the Sites to promote material that, in the sole judgment of Artist One, is objectionable or which restricts or inhibits any other person from using the Sites, or which may expose Artist One, the Sites or its users to any harm or liability of any type.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of the Terms of Use, or otherwise harmful to the Sites or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

Sites' Contents

Unless otherwise noted, the Sites, and all materials on the Sites, including data, text, images, illustrations, designs, icons, photographs, video clips and other materials, and all registered and unregistered rights in such materials provided under intellectual property law or similar laws under any jurisdiction in the world (collectively, the “Contents”), are owned, controlled or licensed by Artist One. We neither warrant nor represent that your use of materials displayed on the Sites will not infringe the rights of third parties not owned by or affiliated with Artist One. We and our licensors reserve all rights not expressly granted in and to their content.

The Sites and the Contents are intended solely for your personal, non-commercial use. You are permitted to view, download and print hard copies of pages from the Sites for your own personal, non-commercial, lawful use, provided that such copies clearly display the copyright and any other proprietary notices of Artist One. No right, title or interest in any downloaded Contents is transferred to you as a result of any such viewing, downloading, or printing.

Except as noted above, you may not reproduce, communicate to the public by telecommunication, publish, transmit, distribute, display, modify, create derivative works from, sell, rent nor exploit in any way any of the Contents nor the Sites. Without limiting the generality of the foregoing, in particular, you may not distribute, modify, transmit, reuse, repost, nor use the Contents of the Sites for any public or commercial purposes whatsoever, including their text, images, audio, and video, without Artist One's express written permission. Additionally, the Contents may not be modified or altered, merged with other data or published in any form, in whole or in part, including by “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate the Contents on the pages produced by, or displayed on the Sites.

Images of people or places displayed on the Sites are either the property of, or used with permission by, Artist One. The use of these images by you or anyone else is prohibited unless specifically permitted by the Terms of Use or specific permission is provided elsewhere on the Sites or by the owner of such images. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Artist One assumes no liability or responsibility for any damages arising out of your wrongful and/or illegal use of such images.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of Artist One and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right of any kind to use any Trademark displayed on the Sites without the express written permission of Artist One or such third party that may own the Trademarks displayed on the Sites. Your misuse of the Trademarks displayed on the Sites, or any other content on the Sites is strictly prohibited. You are also advised that Artist One will aggressively enforce its intellectual property rights to the fullest extent of the law.

When you link to the Sites, you may not under any circumstance use technology to display the content of the Sites in a frame or in any other manner that is different from how it would appear if a user typed the URL into the browser line. The link must result in a new, fully functional, full screen browser window occupied solely by the pages created by the Sites.

You acknowledge the unauthorized use of the Sites or the Contents could cause irreparable harm to Artist One and that in the event of an unauthorized use, Artist One shall be entitled to an injunction in addition to any other remedies available at law or in equity.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Sites, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and gifts, and except as specifically permitted by us in the Terms of Use or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in the Terms of Use or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Sites, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Sites or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).

Subject to the terms and conditions of the Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Sites, including to download the any of the Sites on a permitted device, and to access the Sites’ content solely for your personal, non-commercial use through your use of the Sites and solely in compliance with the Terms of Use. Artist One reserves all rights not expressly granted herein in the Sites and the Site Content. You acknowledge and agree that Artist One may terminate this license at any time for any reason or no reason.

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.

You acknowledge and agree that when you view content provided by others on the Sites, you are doing so at your own risk. The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Sites.

We make no representations, warranties or guarantees, whether express or implied, that any Sites’ content (including User Content) is accurate, complete or up to date. Where our Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Sites (including User Content).

Users of the Sites may, in the future, be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Sites including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Sites may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Sites may also overlay music, graphics, stickers and other elements provided by Artist One (“Artist One Elements”) onto this User Content and transmit this User Content through the Sites. The information and materials in the User Content, including User Content that includes Artist One Elements, have not been verified or approved by us. The views expressed by other users on the Sites do not represent our views or values.

Whenever you access or use a feature that allows you to upload or transmit User Content through the Sites (including via certain third party social media platforms such as Discord, Instagram, Facebook, YouTube, X, and TikTok), or to make contact with other users of the Sites, you must comply with the standards set out at “Your Use” above. You may also choose to upload or transmit your User Content, including User Content that includes Artist One Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Use” above. As noted above, these features may not be available to all users of the Sites, and we have no liability to you for limiting your right to certain features of the Sites.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Sites or transmit to us any User Content that you consider to be confidential or proprietary. If you submit User Content through the Sites, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Sites, to transmit it from the Sites to other third party platforms, and/or adopt any third party content.

If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Sites unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Sites.

You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Sites, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Sites and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.

You further grant us a royalty-free license to use any username, image, voice, and likeness to identify you, which you may provide to Artist One, as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.

For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.

Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through the Terms of Use in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in the Terms of Use in your User Content or have such music publisher enter into the Terms of Use with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in the Terms of Use. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Sites is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Sites that may be claimed by your label.

Through-To-The-Audience Rights. All of the rights you grant in your User Content in the Terms of Use are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Sites.

Waiver of Rights to User Content. By posting User Content to or through the Sites, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Sites.

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.

We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Sites if, in our opinion, your post does not comply with the content standards set out at “Your Use” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate the Terms of Use, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Sites on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.

If the Sites provide functionality for User Content, you will control whether your User Content is made publicly available on the Sites to all other users of the Sites or only available to people you approve. You will have the right to restrict access to your User Content, through the privacy setting, which will be available within the Sites.

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

If you wish to file a complaint about information or materials uploaded by other users, contact us at: [email protected].

Artist One takes reasonable measures to expeditiously remove from our Sites any infringing material that we become aware of. It is Artist One’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Sites who repeatedly infringe copyrights or intellectual property rights of others.

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

Artist One has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and you irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Right to Modify, Suspend, or Discontinue the Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend, discontinue or restrict use of any portion of the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension, discontinuance or restriction of the Sites, or of any service, content, feature or product offered through the Sites.

User Submissions

Unless Artist One has solicited user submissions through a sweepstakes, contest or other promotional activities (“Promotions”), Artist One will not accept or consider any unsolicited submissions of materials, creative ideas, suggestions, proposals, plans or other materials or comments you provide or post, upload, input or submit to Artist One; all unsolicited submissions will be deleted. Submissions provided to Artist One during a Promotion shall be governed by the rules of each such Promotion.

Unless stated otherwise in the rules of any applicable Promotions, Artist One does not claim ownership of the materials, creative ideas, suggestions, proposals, plans or other materials or comments you provide or post, upload, input or submit to Artist One through the Sites in connection with the Promotions (“Promo Submission”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Promo Submission you are granting Artist One and its respective sub-licensees a royalty-free, non-exclusive, irrevocable, sub-licensable right and license to use your Promo Submission in connection with the Sites or business of Artist One, including without limitation the license rights to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, modify, adapt, create adaptations or derivative works from and distribute your Promo Submission, publish your name in connection with your Promo Submission, and the right to sublicense such rights, for any purpose on or in connection with the Sites or business of Artist One, throughout the universe in any medium and through any methods of distribution, transmission or display whether now known or hereafter devised. By posting a Promo Submission you represent and warrant that you own or otherwise control all of the rights to your Promo Submission including without limitation all the rights necessary for you to provide, post, upload, input or submit the Promo Submission. In addition, you warrant that all so-called “moral rights” in the Promo Submissions have been waived. You also agree that Artist One is and shall be under no obligation (1) to maintain any Promo Submissions in confidence; (2) to pay compensation for any Promo Submissions; (3) to respond to any Promo Submissions; or (4) to post or use any Promo Submission you may provide. Artist One has the right but not the obligation to monitor any Promo Submissions and may edit or remove any Promo Submissions at any time in its sole discretion.

You agree that your Promo Submission will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Promo Submission will not contain libelous or otherwise unlawful, abusive or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Artist One or third parties as to the origin of any Promo Submission. You are solely responsible for any Promo Submissions you make and their accuracy. Artist One takes no responsibility and assumes no liability for any Promo Submissions posted by you or any third party.

In addition to the warranties and representations set forth above, by Posting a Promo Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by the Terms of Use, (b) you have the rights necessary to grant the licenses and sublicenses described in the Terms or Use, and (c) that each person depicted in such Images , if any, has provided consent to the use of the Images as set forth in the Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each of such Image available to members of such private community), and/or (b) to the general public (for each of such Images available anywhere on the Sites, other than a private community), permission to use your Images in connection with the use, as permitted by the Terms of Use, of the Sites, (including, by way of example, and not as a limitation, making prints and commercial items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Images without having your name attached to such Images, and the right to sublicense such rights. No compensation will be paid with respect to the use of your Images.

Partner and Social Media Sites

The Sites may include features that operate in conjunction with certain third party partners and unaffiliated social networking websites that you visit, such as Facebook and YouTube (“Social Network Features”). Your use of third party partner and social networking sites is governed by the terms posted on those sites and Artist One makes no representations nor has any control over the relationship between you and these third parties. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

No Responsibility for User-Generated Materials

Artist One may allow for User Generated Content to be uploaded to the Sites. Although Artist One may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Sites, Artist One is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Sites. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Artist One intends to fully cooperate with any law enforcement authorities or court order requesting or directing Artist One to disclose the identity of anyone posting any such information or materials.

Mobile Application Purchases

If you purchase tickets through our mobile application via our partners, all sales are final unless otherwise determined by Artist One or as otherwise required by applicable law. Your use of the Sites is also pursuant to the terms of use applicable to each platform used in connection with the Sites, to include, without limitation, the Shopify Terms of Service, the Atom Terms of Service and the IMAX Terms of Service.

Other Policies

In the footer sections of the Sites, we maintain a number of policies designed to protect and offer special benefits to our users, including our Privacy Policy and our Cookies Policy (the “Other Policies”). The Other Policies may vary between our individual sites and depending on your location. The terms and conditions of the Other Policies are incorporated by reference into the Terms of Use.

Errors, Inaccuracies, and Omissions

Occasionally the Sites may present information containing typographical errors, inaccuracies, or omissions that may relate to pricing, promotions, offers, or availability. Although we make reasonable efforts to ensure that the Sites are current and contain no errors or inaccuracies, we make no representations, warranties or guarantees that the information, Contents or materials included in the Sites will be error-free or completely accurate or current at all times, or at any time. We reserve the right at any time in our sole discretion and without notice to correct any errors, inaccuracies or omissions to the information on our Sites.

Promotions

In addition to the Terms of Use, any Promotions made available through the Sites may be governed by specific rules that are separate from the Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with the Terms of Use, the terms and conditions of such rules shall control.

Security

You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any posting, (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Artist One's ability to monitor or make the Sites available, or (f) taking any action in order to obtain services to which the you are not entitled. Violations of system or network security may result in civil or criminal liability. Artist One will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations. At all times, Artist One shall have the discretion to take such action as Artist One deems necessary, in its sole discretion, to preclude a security violation, and Artist One shall not be liable for any damages of any nature suffered by you or a third party resulting from Artist One's exercise of its rights.

Disclaimer

YOUR USE OF AND BROWSING IN THE SITES ARE DONE ENTIRELY AT YOUR OWN RISK. NEITHER Artist One NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS”, AND WITHOUT ANY WARRANTIES, CONDITIONS OR IMPLIED TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITES IS FOR YOUR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. Artist One EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITES, ALTHOUGH WE MAY DO SO AT ANY TIME, WITH OR WITHOUT NOTICE.

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

THE SITES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR USE OF THE SITES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SITES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

Exclusion of Liability

Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Artist One shall not be liable for any damages of any kind related to your use of the Sites. You agree that your sole remedy in the event of any problem with your use is to cease using the Sites. In no event shall Artist One or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out of or related to access to or use of the Sites or any other Sites linked to the Sites or the Contents, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR, INTER ALIA:

ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
ANY LOSS OF GOODWILL;
ANY LOSS OF OPPORTUNITY;
ANY LOSS OF DATA SUFFERED BYYOU; OR
ANY INDIRECT OR CONSEQUENTIAL LOSSES WHIH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO Artist One WITHIN THE LAST 12 MONTHS.

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF, INTER ALIA:

ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITES;
ANY CHANGES WHICH WE MAY MAKE TO THE SITES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITES (OR ANY FEATURES WITHIN THE SITES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITES;
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SITES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Artist One maintains the Sites for your personal entertainment, information, education, and communication. Due to local, national or international restrictions, including technological or legal restrictions, not all of the Sites, including our mobile sites, may be accessible from your current location, and Artist One assumes no responsibility, and shall not be liable, for any inability or restricted ability to access or use the Sites.

Artist One is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network or mobile connections, failed, incomplete, garbled or delayed computer transmissions, online or mobile failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. Artist One is not responsible for Internet, mobile or any other communications network fees or charges associated with your use of the Sites.

Artist One assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of the Sites or your downloading of any materials, data, text, images, video or audio from the Sites.

Artist One has not reviewed all of the sites linked to the Sites and is not responsible in any way for the content of any off-site pages or any other sites linked, directly or indirectly, to the Sites. Your linking to any other off-site pages or other sites is entirely at your own risk.

Indemnification

You agree to defend, indemnify and hold Artist One, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors harmless from and against any and all allegations, claims, damages, costs and expenses, including attorneys’ fees and disbursements, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Terms of Use.

General

The waiver of any provision of the Terms of Use shall not be considered a waiver of any other provision or of Artist One’s right to require strict observance of each of the terms herein. If any provision of the Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. The Terms of Use constitute the entire agreement between us relating to your use of the Sites.

The Terms of Use constitute the whole legal agreement between you and Artist One and govern your use of the Sites and completely replace any prior agreements between you and Artist One in relation to the Sites.

If a counter-notice is received by Artist One's Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the Content Provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at Artist One’s sole discretion. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.

California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Sites receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.

You must be over the age of 18 to use the Sites. Individuals who violate this requirement and who are California residents may request and obtain removal of User Content they posted by contacting us at: [email protected]. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.

Exports. You agree that you will not export or re-export, directly or indirectly the Sites and/or other information or materials provided by Artist One hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Sites may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

U.S. Government Restricted Rights. The Sites and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Termination

The Terms of Use are effective unless and until terminated by Artist One. Artist One may terminate the Terms of Use at any time without notice, and accordingly may deny you access to the Sites, for any reason or no reason. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms of Use for all purposes.

Choice of Law; Jurisdiction; and Dispute Resolution

If we have a dispute with you relating to or arising out of the Terms, we will first try and resolve it with you amicably. You agree to do the same for us. To be clear, when we use the terms “Artist One,” “we,” or “us,” we mean Artist One Music Group LLC and all of our affiliated companies and individuals.

The party raising a dispute will initiate this process by notifying the other. Whichever party receives the notice will have 60 days to respond. If the dispute has not been resolved after the response time has expired, or within 30 days after a response has been issued, whichever is earlier, either party may file legal action against the other. Engaging in this informal dispute resolution process is a requirement that must be completed before filing any legal action. You and Artist One agree that you both will make a good faith effort to resolve the dispute amicably before either you or Artist One files any legal action against the other, and that the statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process.

The Terms of Use and any related contract for the provisions of the services between you and Artist One are governed by the laws of the State of New York in the United States. The courts of New York shall have exclusive jurisdiction to hear any proceedings, including non-contractual disputes and claims. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

YOU AND Artist One AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THE TERMS. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.

You can reach us at: [email protected]