LABELBOOSTER TERMS AND CONDITIONS
The sites lbbweb.com, label-up.com and espacelabel.com are part of the same eco-system as labelbooster.com and are ruled by the same terms and conditions.
This agreement is in effect as of Oct 13, 2013, modified on February 9th, 2014
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Labelbooster.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Label-Up Ltd and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Sales, virtual credit and payment
This website allow you to create your own label and to sell your own products, events, music and services. You can sell as an individual or get us to create a company for this activity. You can select your own prices for your products and once your clients have finalised their purchase, you get paid onto your Virtual Credit account or the one of your company. The money stored on your Virtual Credit can only be used within the Labelbooster system or transfered to the MasterCard of its owner (provided by Payoneer) to be used as a general monetary instrument. For each sale, we charge a commission of 5 to 30% depending on the subscription plan you are on. For more information about the different plan, please refer to the Subscription / Upgrade page.
Payment to you are made via a personal or corporate MasterCard that you can order for 20€ or get for free once you have earned 100€ in your Virtual Credit. In your user profile, you can set a threshold value to your Virtual Credit and any balance above the threshold value will be transferred free of charge to your MasterCard, in order for you to use your funds outside the Labelbooster system.
For larger amount, you can also supply us with your bank account details and we will transfer the desired available amount (subject to a transfer fee. See fee schedule for details).
Funding and transfering
You can topup your account by adding funds to your Virtual Credit account from a card or a bank account.
Once you and the receiver have been identified, you can also transfer money to the Virtual Credit account of your contacts, artists, friends, team-members, etc... (subject to a transfer fee. See fee schedule for details)
Faving and Affiliation
This website allow you to “Fav” any element of another label and to add it to your own label as a “faved” item. If this element is sold from your label, you will be entitled to an affiliate commission determined by the original owner of the item and that will be added to your Virtual Credit.
Compilation with Automatic Licensing
This website allow you to grant an automatic licence to another user on any of your elements.
By doing so you accept that your element be used and sold by other users in exchange of a licensing commission set by you while you keep the most of the remuneration.
Unlimited Digital Distribution
The digital distribution service provided by Labelbooster allows users to distribute their music digitally on all major download and streaming sites (iTunes, Amazon, Deezer, Spotify, + 150 others). There is no upload cost and no limit in the number of tracks you can upload monthly on E-com, Pro and Ultimate subscriptions. The service allows you to have precise sales statistic and reports. Your sales will be calculated every quarter and added to your Virtual Credit account. We only charges a minimum service commission of 15% on retail price to cover the cost of our aggregator, Phonofile (a major player in digital music distribution since 1999).
This website allows to do many things which are described in the FAQ and by clicking the (?) buttons throughout the site. The processes described in the FAQ are integrale part of this user agreement as it describes precisely how the system operates.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be
repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Label-Up Ltd or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Label-Up Ltd will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on Labelbooster.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Label-Up Ltd, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Label-Up Ltd.
With regards of material submitted by user for onsite sales and digital distribution, Users are only allowed to submit material if they are the legitimate owners of the material. Any violation of copyrighted material will result in the material being taken down. The violator will get their account terminated without any compensation and may incur prosecution from the original owner.
This company being registered in England, the rules in term of copyright will follow the Copyright, Designs and Patents Act 1988.
Automatic Content Recognition
At the time of ingestion, all content are screened and any already copyrighted material will be automatically taken down and user will receive an email indicating while his release could not be uploaded.
In case he was the original owner of the submitted material, he will have the opportunity to send a dispute form along with evidence of his ownership. All submitted material will automatically be registered and watermarked in order to prevent any unauthorized use in the future.
Due to our screening method, it is unlikely that a track could be uploaded illegally. But In case someone was revendicating ownership of any already uploaded material, he will have opportunity to submit a dispute form alongside with evidence of his ownership. If it was proven that the track was uploaded without the legitimate rights, it would automatically be taken down and any money generated by the track/album will be withdrawn from illegal user account and blocked. As soon as a dispute arise, the track will be hidden and any money generated would be withheld until the dispute is resolved.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Label-Up Ltd and governed by United kingdom’s law. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts of the United kingdom. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, LABEL-UP LTD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:
223 Regent Street, Suite 501
London, W1B 2QD