TERMS OF USE

Last updated February 19, 2024

 

  1. INTRODUCTION AND ELIGIBILITY

 

Please read these Terms of Use (“Terms”) carefully before using the Liberty Influencers service.   Liberty Influencers offers a global platform for independent artists to receive feedback on their music from successful playlist curators and provides these curators in return with access to new, exciting, upward trending artists. These Terms include Liberty Influencers’ Privacy Policy by reference.

 

Italicized annotations are provided for convenience and clarity but have no legal or contractual effect.

 

This document represents a legally binding contract, which may evolve alongside our business. By continuing to use the Liberty Influencers service, you accept any modifications. Notably, Sections XIII and XVII contain limitations on Liberty Influencers’ liability and mandatory arbitration and waiver provisions affecting your rights in disputes.

 

Binding Agreement:   You enter into a binding agreement with Liberty Influencers and its affiliates (“Liberty Influencers,” “we,” “us”) each time you use the service. Users include artists funding campaigns and curators reviewing submissions. 

 

Global Eligibility:  Liberty Influencers is designed for global use. Users are responsible for ensuring their use complies with local laws and regulations.

 

Revisions to Terms: These Terms may be updated at any time. Your continued use signifies acceptance of any changes.

 

Posting:  The act of submitting or uploading content to the Liberty Influencers service.

 

Personal Information  is as defined in the Liberty Influencers Privacy Policy.

 

No Affiliation with Streaming Services: Liberty Influencers is an independent platform connecting artists with playlist curators. Payment for playlist review campaigns does not guarantee playlist inclusion, which is at the curators’ discretion.

 

Spotify Connection:   While we operate independently from Spotify, users should note that Liberty Influencers makes no warranties on behalf of Spotify and disclaims any related liability.

 

  1. THE LIBERTY INFLUENCERS SERVICE

 

Refers to all websites, applications, and services provided by Liberty Influencers, including digital platforms for music feedback and discovery.

 

Privacy and Confidentiality:   Our practices are detailed in the Liberty Influencers Privacy Policy.

 

Permission to Use the Service:  Subject to these Terms, we grant you permission to use the service at your own risk.

 

III. CHILDREN’S ELIGIBILITY

 

The service is not intended for individuals under 18 years of age.

 

  1. YOUR ACCOUNT

 

You are responsible for your login credentials and for maintaining accurate information. Liberty Influencers is not liable for unauthorized account use.

 

  1. COMMUNICATIONS

 

Liberty Influencers may communicate with you via email or through the service. You consent to receive electronic notices from us.

 

  1. PURCHASES AND PAYMENTS

 

Terms and policies regarding purchases and payments through Liberty Influencers are outlined here. Campaign modifications and payment policies are subject to change.

 

Campaign Payments: Payment for a campaign guarantees review, not playlist inclusion.

 

Curators: Curators are incentivised through access to trending artists.

 

Refunds:  Campaigns are non-refundable.

 

VII. CONTENT OWNERSHIP AND USE

 

Liberty Influencers owns content provided through the service, though users have permission to use it within the scope of the service. Our logo and trademarks cannot be used without our permission.

 

VIII. INTELLECTUAL PROPERTY RIGHTS AND YOUR LICENSE TO USE

You, or the people who allow you to use their content, own all of the content you post using the “Liberty Influencers” Service. However, we may use it for any purpose, consistent with our privacy policy and relating to providing the “Liberty Influencers”. It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.

Your User Content. The “Liberty Influencers” Service may provide you with the ability to post or share content including posts, text, comments, photos, videos, music, links, and files to share with other users (“Your User Content”). For instance, as an artist you may upload or otherwise share music to be reviewed, or as a curator, you may post a review. By using the Service, some Personal Information such as your name and any other information contained in Your User Content may be accessible to other users. You should not post Personal Information if you wish to keep that information private.

You are solely responsible for Your User Content on the “Liberty Influencers” Service. Playlist Push does not endorse any, nor is it responsible for, Your User Content. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

Liberty Influencers Claims No Ownership. Liberty Influencers claims no ownership or control over content you share with or post to the Liberty Influencers Service. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Liberty Influencers. You are responsible for protecting those rights.

Liberty Influencers’s Use of Content Shared on the Liberty Influencer Service. By creating, posting, or sharing non-Liberty Influencer content on or through the Liberty Influencer, and subject to Liberty Influencer’s Privacy Policy, you grant Liberty Influencer a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display that content for any purpose without compensation to you, including for the purpose of promoting Liberty Influencer and its services. You waive any rights you may have regarding such content being altered or manipulated in any way that may be objectionable to you. Liberty Influencer will not share Personal Information for use in advertising and personalization outside of the Liberty Influencer Service without your permission. You may edit or delete content you post at any time. Copies of content you post may persist in backup files for a period of time, but will not be available to others. Liberty Influencer reserves the right to refuse to accept, post, display, or transmit any content you post in its sole discretion.

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Liberty Influencer Service, any right, title, or interest in or to such content delivered via the Liberty Influencer Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Liberty Influencer Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of content you post on or through the Liberty Influencer Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of content you post on the Liberty Influencer Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Liberty Influencer Service. You also acknowledge and agree that any content you post is non-confidential and non-proprietary.

The Liberty Influencer Service Contains Content from Users and other Liberty Influencer  Licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the  Liberty Influencer Service.

 

  1. COPYRIGHT POLICY

 

Tell us if you think a user has violated your copyright using the Liberty Influencers Service, or if you think someone incorrectly reported that you violated his or her copyright.

The Digital Millennium Copyright Act of 1998 (the “DMCA” in the US or “WIPO” in Europe) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights copyright law. If you believe in good faith that materials posted on the “Liberty Influencers” infringe your copyright, you (or your agent) may send “Liberty Influencers” a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the “Liberty Influencers” Service are covered by a single notification, a representative list of such works);
  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow “Liberty Influencers” to locate the material on the “Liberty Influencers” Service;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  1. SUGGESTIONS AND SUBMISSIONS

 

Your creative ideas become our property without compensation.

 

  1. SERVICE LIMITATIONS AND PROHIBITIONS

 

Misuse or unauthorized exploitation of the Liberty Influencers service is prohibited.

 

XII. CONSEQUENCES OF VIOLATING THESE TERMS

 

Violations may result in account suspension, termination, and other penalties.

 

XIII. LIABILITY LIMITATIONS

 

Liberty Influencers disclaims liability for user interactions and content quality encountered through the service.

 

XIV. FORCE MAJEURE

 

Liberty Influencers is not liable for performance delays or failures resulting from acts beyond our control.

 

  1. GENERAL TERMS

 

These Terms constitute the entire agreement between you and Liberty Influencers regarding the service.

 

XVI. CONSUMER PROTECTION NOTICE

 

These limitations are intended to be as broad as permitted by the laws of your jurisdiction. Specific rights are provided for certain residents, such as those in UK or US.

 

XVII. ARBITRATION AND WAIVER OF DISPUTES

 

Disputes are resolved solely through arbitration, by acknowledge and understand that by the use of the “Liberty Influencer” service you are waiving the right to a jury trial or class action.

 

  1. DISCLAIMER OF WARRANTIES

You use the “Liberty Influencers” Service at your own risk. We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you that somehow may arise out of or be related to your use of the “Liberty Influencers” Service. If you use the “Liberty Influencers” service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLAYLIST PUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any “Liberty Influencers” Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.