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Revised as of February 4, 2022
THE WEBSITE REVERBNATION.COM (THE “SITE”) AND RELATED PLATFORMS, PRODUCTS, AND SERVICES AVAILABLE ON OR FROM THE SITE (THE “SERVICES”) ARE OWNED AND OPERATED BY BandLab Singapore Pte. Ltd. (TOGETHER WITH ITS AFFILIATES, SUCCESSORS, AND ASSIGNS HEREINAFTER REFERRED TO AS “OUR”, “WE,” OR “US”).
BY ACCESSING AND USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, OUR COPYRIGHT POLICY, OUR PRIVACY POLICY, OUR TRADEMARK POLICY, OUR ABUSE POLICY, OUR U.S. TAX WITHHOLDING AND REPORTING POLICY, AND OUR SPECIFIC TERMS AND CONDITIONS APPLICABLE TO CERTAIN SERVICES YOU MAY ELECT TO USE (ALL OF WHICH ARE INCORPORATED HEREIN AND COLLECTIVELY REFERRED TO AS THE “TERMS AND CONDITIONS”, WHICH SET FORTH THE ENTIRE AGREEMENT PERTAINING TO YOUR USE OF THE SITE AND SERVICES, AND SUPERSEDE ALL PRIOR VERSIONS OF THE TERMS AND CONDITIONS).
THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AGREEMENTS. IF YOU USE THE SITE AND THE SERVICES ACTING AS THE REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY, OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY AND YOU GUARANTEE COMPLIANCE BY SUCH INDIVIDUAL OR ENTITY WITH THESE TERMS AND CONDITIONS.
WE RESERVE THE SOLE RIGHT AT ANY TIME TO MODIFY, DISCONTINUE, OR TERMINATE ANY SERVICE OR THE SITE, OR CHANGE, ADD, OR DELETE PORTIONS OF THESE TERMS AND CONDITIONS WITHOUT NOTICE. WE WILL POST CHANGES TO THESE TERMS AND CONDITIONS, IF ANY, TO THE SITE. IT IS YOUR RESPONSIBILITY TO CHECK THE SITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR SERVICES.
You agree to fully indemnify and hold us and our subsidiaries, affiliates, directors, officers, agents, contractors, partners, affiliates, employees, contractors, co-branders, advertisers, and other partners (collectively, the “Related Parties”) harmless, and upon our request, defend us and/or the Related Parties, from and against any and all losses, liabilities, damages, claims, costs, expenses, or demands (including reasonable attorneys' fees and costs), due to or arising out of (i) your use of the Site or Services; (ii) your violation or breach of any representation, warranties or other terms in these Terms and Conditions; (iii) your violation of any rights of any third party; and (iv) any dispute between you and any other user of the Site or Services. Without limitation, you agree to reimburse us and our Related Parties on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section. We shall promptly notify you of any such claim, and you may assume control of the defense of such claim with counsel subject to our reasonable approval, provided that you obtain and post an appropriate bond for our benefit, and we shall have the right in all events to participate in the defense thereof. In accordance with Section 7(c) below, if a claim is made we will have the right to withhold payment of any monies due you in an amount reasonably related to the claim and potential expenses. Your sole remedy as a result of any breach or alleged breach by us of these Terms and Conditions or other applicable terms and conditions or agreements is limited to your ability to discontinue use of the Site and your ability to terminate your participation in any Services in accordance with the terms thereof.
THE SITE, THE SERVICES, AND THE CONTENT THEREON ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES. Without limiting the foregoing:
You acknowledge and agree that in the course of using certain Services you may become aware of certain otherwise confidential information related to our business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, you agree to keep such information confidential.
We may collect certain tracking and usage data generated or provided by users who visit or interact with your profile on the Site, or by users of products or other materials distributed in connection with your use of certain Services, including, but not limited to, personally identifiable information (“Usage Data”). We may provide all or part of the Usage Data to you. You agree to comply with all applicable laws with regard to your use of Usage Data. You will not transfer or disclose any Usage Data to any third party. We are not responsible for the accuracy of Usage Data, and we disclaim any and all liability relating thereto.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore, without reference to conflicts of laws provisions. Those who use the Site or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. Any dispute or claim arising out of, or in connection with, these Terms and Conditions shall be finally settled by binding arbitration in Singapore conducted in English by a single arbitrator appointed by the President of the Singapore International Arbitration Centre (“SIAC”) pursuant to the rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this provision. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. THE ARBITRATION CAN RESOLVE ONLY YOUR AND/OR OUR INDIVIDUAL CLAIMS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ENTERTAIN OR ARBITRATE ANY CLAIMS ON A CLASS OR REPRESENTATIVE BASIS, OR TO CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. In the event that the forgoing arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms and Conditions shall be brought and heard in the courts of Singapore. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.
If any provision of these Terms and Conditions is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms and Conditions shall continue in full force and effect. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our delay or failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions do not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor we, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under these Terms and Conditions, be deemed to be an agent or employee of the other, and neither you nor we have the authority to bind the other under any contract, agreement, or otherwise.
All notices required by these Terms and Conditions or by applicable laws shall be in writing and shall be sent (i) by you via your Dashboard, (ii) by us via your Dashboard or your email address of record; and notice shall be effective on the date it is officially recorded as delivered by return receipt or equivalent. You consent to receipt of any required notice (including legal notice) via your Dashboard and/or via your email address of record.
For questions regarding these Terms and Conditions, please contact support@reverbnation.com.
© 2022 BandLab Singapore Pte. Ltd. All rights reserved.
IN ADDITION TO THE GENERAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED HEREIN BY REFERENCE, THE FOLLOWING ADDITIONAL TERMS (“DISTRIBUTION TERMS”) APPLY TO YOUR USE OF REVERBNATION'S ARTIST DIGITAL DISTRIBUTION SERVICE (THE “DISTRIBUTION SERVICE”). CAPITALIZED TERMS USED HEREIN AND NOT DEFINED SHALL HAVE THE RESPECTIVE MEANINGS SET FORTH IN THE GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE DISTRIBUTION TERMS, DO NOT USE THE DISTRIBUTION SERVICE.
The Distribution Service digitally distributes user's music through various digital Internet retailers. You must be a registered user of the Site to use the Distribution Service. Additional information about the Distribution Service is located on the Site.
The following terms shall have the following meanings for purposes of these Distribution Terms:
Retailers may change from time to time with the addition or removal of certain Internet consumer stores within our sole discretion, subject only to your right to terminate your use of the Distribution Service as provided in Section 8 below. Single Package, Album Package, and Premium Membership Distribution are distributed to all current Retailers (subject to applicable Retailer restrictions dependent on genre). Select Package Releases, Essential Releases, and Pro Releases are not distributed to all Retailers. The Retailers applicable to any particular Release will be identified in the subscription purchase flow and your Dashboard. With respect to any new Retailers added during the Term of a Release, we may, but are not obligated to, submit your applicable Recording(s) to such new Retailers. With respect to any Retailers removed during the Term of a Release, your applicable Recording(s) may be removed from such Retailers.
Recordings and all relevant information shall be submitted to us for Digital Distribution as Releases from your Dashboard in accordance with and subject to the General Terms and Conditions, and such submissions shall be deemed User Content and subject to all applicable representation, warranties, and agreements thereunder. Without limiting the foregoing, to the extent you do not own any underlying musical compositions, sound recordings, samples, publicity rights, or other materials or content in your User Content, it is your obligation to secure all appropriate permissions, clearances, licenses, or other authorizations and agreements, and, as applicable, to pay directly all third-party fees and royalties as may be required, including, but not limited to, with respect to artists, band members, authors, co-authors, copyright owners and co-owners, publishers, producers, or any other person who performed in the making of your User Content, and in connection with mechanical royalties, digital phonograph delivery royalties, public performance royalties, payments that may be required under any collective bargaining agreements or statutory schemes, or any other royalties, fees, and/or sums payable with respect to your User Content, and at our request you shall provide us with confirmation of such authorizations and payments. You will be responsible for complying with the Recording Industry Association of America's (“RIAA”) Parental Advisory Logo (“PAL”) Standards, as applicable, for so long as you use the Digital Distribution Services. Information about the RIAA PAL Program is available here:Â http://www.riaa.com/resources-learning/parental-advisory-label
Without limitation of your grant of rights in the General Terms and Conditions, such rights include the right to Digitally Distribute all Recording(s) as Release(s) and to otherwise use the Recordings to the extent necessary to facilitate such Digital Distribution, including the rights to:
Notwithstanding the foregoing, you agree not to use any other Digital Distribution service with respect to any Retailers except only to the extent that an Internet consumer store is no longer a Retailer hereunder.
For each Release, you are required to pay the applicable Service Fees in accordance with our policies set forth in the General Terms and Conditions. Current fee schedules are available on the Site or in your Dashboard. These fees may be amended from time to time by us without notice to you. You are solely responsible for all charges, fees, duties, taxes and withholdings, incurred by your user account in connection with the Distribution Service.
YOU UNDERSTAND AND AGREE THAT WE AND THE RETAILERS HAVE THE RIGHT, BUT NO OBLIGATION, TO MARKET, PROMOTE, AND ADVERTISE YOUR RELEASE(S). WE MAKE NO GUARANTEES WHATSOEVER WITH RESPECT TO THE SCOPE OF EACH RETAILER'S DISTRIBUTION OF YOUR RELEASE(S), MINIMUM SALES OF YOUR RECORDING(S), PAYMENTS TO YOU UNDER THESE DISTRIBUTION TERMS, THE MARKETING, PROMOTION, OR ADVERTISEMENT OF YOUR RECORDING(S) BY THE RETAILERS, OR WHETHER A RETAILER WILL ACTUALLY OFFER YOUR RECORDING(S) FOR SALE. EACH RETAILER HAS TOTAL DISCRETION AS TO WHETHER IT WILL OFFER YOUR RECORDING(S) FOR SALE. WE AND THE RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY AS A RESULT OF ANY INCORRECT OR INACCURATE INFORMATION IN CONNECTION WITH THE DISTRIBUTION SERVICE, INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY YOU OR A RETAILER.
For questions regarding these Distribution Terms, please contact support@reverbnation.com.
© 2022 BandLab Singapore Pte. Ltd. All rights reserved.
IN ADDITION TO THE GENERAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED HEREIN BY REFERENCE, THE FOLLOWING ADDITIONAL TERMS ("FAN REACH TERMS") APPLY TO YOUR USE OF REVERBNATION'S FAN REACH SERVICE (THE "FAN REACH SERVICE"). CAPITALIZED TERMS USED HEREIN AND NOT DEFINED SHALL HAVE THE RESPECTIVE MEANINGS SET FORTH IN THE GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE FAN REACH TERMS, DO NOT USE THE FAN REACH SERVICE.
The Fan Reach Service provides users with an automated email application for sending music industry related targeted email newsletters to fans. You must be a registered user of the Site to use the Fan Reach Service. Additional information about the Fan Reach Service is located on the Site.
The Fan Reach Service may not be used for sending unsolicited email (sometimes called "spam"). You agree that you will not send an email to any address without the prior consent of the addressee. You may not use third party mailing lists for preparing or distributing email using the Fan Reach Service if the addressees on such lists have not consented to receiving email from you. You may not collect any email address or other information from children under the age of 13 and you may not send any email using the Fan Reach Service to a child under the age of 13.
Every email message sent using the Fan Reach Service must contain the Fan Reach "unsubscribe" link that allows recipients to remove themselves from your mailing list. You agree to remove from your Fan Reach Service mailing list, and we reserve the right to and may automatically remove, those emails that submit unsubscribe requests.
Without limiting Section 2 above, you may not use the Fan Reach Service to send any communications that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN-SPAM" Act), or other similar laws of any state or other jurisdiction that restrict unsolicited commercial or bulk email advertising.
You are solely responsible for all content you submit in your Fan Reach Service emails and you are solely responsible for compliance with all applicable laws relating to the transmission of commercial emails including, without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM). Every email you send using the Fan Reach Service must display a valid physical postal address, which may be a post office box. Without limitation, your submission and our use of your content in connection with the Fan Reach Service is subject to the General Terms and Conditions, and such submissions shall be deemed User Content and subject to all applicable representation, warranties, and agreements thereunder. We reserve the right to include additional content, branding, and promotional messages in your Fan Reach Service emails, including, for example, an identifying footer stating "Powered by Fan Reach." You will retain all rights in and to the User Content provided by you in connection with the Fan Reach Service, but otherwise, all right, title, and interest in and to our templates and other related Fan Reach Service materials are owned by us.
You are responsible for monitoring, correcting, and updating your Fan Reach Service mailing list. You acknowledge and authorize us to inspect your emails, from time to time, systematically, or at random, to ensure compliance with our internal anti-spam rules, other policies, and these Fan Reach Terms; and you understand that such inspections may cause a delay in delivery of the emails. We will not use your Fan Reach Service mailing list or any other fan information for any purposes except as set forth herein.
Without limiting any of your obligations under the General Terms and Conditions, you agree that you will not send any email message with the Fan Reach Service that:
For questions regarding these Fan Reach Terms, please contact support@reverbnation.com.
© 2022 BandLab Singapore Pte. Ltd. All rights reserved.
IN ADDITION TO THE GENERAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED HEREIN BY REFERENCE, THE FOLLOWING ADDITIONAL TERMS (“PROMOTE IT TERMS”) APPLY TO YOUR USE OF REVERBNATION’S PROMOTE IT SERVICE (THE “PROMOTE IT SERVICE”). CAPITALIZED TERMS USED HEREIN AND NOT DEFINED SHALL HAVE THE RESPECTIVE MEANINGS SET FORTH IN THE GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE PROMOTE IT TERMS, DO NOT USE THE PROMOTE IT SERVICE
ReverbNation’s Promote It Service provides users with Internet advertising services. You must be a registered user of the Site to use the Promote It Service. Additional information about the Promote It Service is located on the Site.
To use the Promote It Service, you are required to pay the applicable Service Fees in accordance with our policies set forth in the General Terms and Conditions. Current fee schedules are available on the Site or in your Dashboard.
Promote It Service purchases are subject to our standard Refund Policy found in section 7.(f) of the General Terms and Conditions, which states that ReverbNation will provide a refund only in the case of (A) a service/product malfunction which you have reported to support@reverbnation.com while the applicable Service is still active, so that the malfunction can be verified; and (B) a billing error for an unsubscribed Service for which you have provided confirmation of the termination of the subscription before (not on or after) the renewal date on file for the Service in question. If you purchased a Promote It campaign and terminate the campaign early (other than for a refund condition set forth above) during the active listing period, you are not entitled to a refund under our Refund Policy. However, on a case-by-case basis, and solely at our discretion for such reasons as we deem appropriate, a portion of the remaining unused balance for that campaign may be credited to your Promote It Campaign List as a good faith, promotional, Promote It Credit. Promote It Credits might not be offered to all users. We have sole discretion in determining the amount of any such Promote It Credit. You have no right, interest, title, or claim in such credits, regardless of whether any other user has received such a credit. Promote It Credits are a form of Site credit redeemable only toward future Promote It campaign purchases, and have no cash value. We may expire Promote It Credits at any time, but in all cases Promote It Credits must be redeemed before the date that is six (6) months after the date of issuance of the applicable Promote It Credit, and at which point such credits will automatically expire. We reserve the right to discontinue Promote It Credits at any time, at which point such Promote It Credits will be deemed immediately expired. We may modify these terms at any time. To redeem, and maintain Promote It Credits, you must maintain a Site account in good standing, and comply with all applicable terms, including the General Terms and Conditions. Unless required by law, Promote It Credits are non-transferable and are not redeemable for cash.
You hereby appoint us as your nonexclusive authorized representative solely to create custom Internet advertisements (each an “Advertisement”) and place Advertisements on your behalf on any web page on a worldwide basis.
You are solely responsible for all content you submit in connection with the Promote It Service. Without limitation, your submission and our use of your content in connection with the Promote It Service is subject to the General Terms and Conditions, and such submissions shall be deemed User Content and subject to all applicable representation, warranties, and agreements thereunder. We reserve the right to include additional content, branding, and promotional messages in your Advertisements. You will retain all rights in and to the User Content provided by you in connection with the Promote It Service, but otherwise, all right, title, and interest in and to our templates and other related Promote It Service materials are owned by us. You may not direct any content you submit in connection with the Promote It Service toward children under the age of 13 and may not collect any information from such persons in connection with your use of the Promote It Service.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT GUARANTEE THAT AN ADVERTISEMENT WILL BE PLACED ON ANY SPECIFIC PAGE OR WEB SITE OR ACHIEVE ANY RESULTS. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER WHEN AN ADVERTISEMENT MAY APPEAR OR FOR HOW LONG AN ADVERTISEMENT MAY RUN OR BE USED. WE DO NOT PROMISE THAT THE PROMOTE IT SERVICE WILL BE PROVIDED IN A TIMELY MANNER, WITHOUT ERRORS, OR THAT THE PROMOTE IT SERVICE WILL MEET YOUR EXPECTATIONS. WE DO NOT PROMISE OR GUARANTEE ANY RESULTS WHEN USING THE PROMOTE IT SERVICE.
For questions regarding these Promote It Terms, please contact support@reverbnation.com.
© 2022 BandLab Singapore Pte. Ltd. All rights reserved.
IN ADDITION TO THE GENERAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED HEREIN BY REFERENCE, THE FOLLOWING ADDITIONAL TERMS (“DIGITAL ECOMM TERMS”) APPLY TO YOUR USE OF REVERBNATION’S DIGITAL ECOMMERCE SERVICE (THE “DIGITAL ECOMM SERVICE”). CAPITALIZED TERMS USED HEREIN AND NOT DEFINED SHALL HAVE THE RESPECTIVE MEANINGS SET FORTH IN THE GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE DIGITAL ECOMM TERMS, DO NOT USE THE DIGITAL ECOMM SERVICE.
The Digital eComm Service is a program though which users can upload music to be sold on the Site. You must be a registered user of the Site to use the Digital eComm Service. Additional information about the Digital eComm Service is located on the Site.
Without limitation, your submission and our use of your sound recordings of musical compositions (“Music”) in connection with the Digital eComm Service is subject to the General Terms and Conditions, and such Music shall be deemed User Content and subject to all applicable representation, warranties, and agreements thereunder.
WE DO NOT PROMISE OR GUARANTEE THAT ANYONE WILL PURCHASE YOUR MUSIC.
For questions regarding these Digital eComm Terms, please contact support@reverbnation.com.
© 2022 BandLab Singapore Pte. Ltd. All rights reserved.
IN ADDITION TO THE GENERAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED HEREIN BY REFERENCE, THE FOLLOWING ADDITIONAL TERMS (“SITE BUILDER TERMS”) APPLY TO YOUR USE OF REVERBNATION’S SITE BUILDER SERVICE (THE “SITE BUILDER SERVICE”). CAPITALIZED TERMS USED HEREIN AND NOT DEFINED SHALL HAVE THE RESPECTIVE MEANINGS SET FORTH IN THE GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE SITE BUILDER TERMS, DO NOT USE THE SITE BUILDER SERVICE.
The Site Builder Service is a program that provides users web site design, development, hosting and maintenance services. You must be a registered user of the Site to use the Site Builder Service. Additional information about the Site Builder Service is located on the Site.
We grant to you a limited, revocable, non-transferable and non-exclusive license to use the Site Builder Service web site design and build tools to create, update, and maintain a personalized web site. We will make commercially reasonable efforts to host your web site in a secure environment and make your web site available to users with the same level of availability as our Site is made available to our members.
To use the Site Builder Service, you are required to pay the applicable Service Fees in accordance with our policies set forth in the General Terms and Conditions. Current fee schedules are available on the Site or in your Dashboard.
For questions regarding these Site Builder Terms, please contact support@reverbnation.com.
© 2022 BandLab Singapore Pte. Ltd. All rights reserved.
If you reside in the European Economic Area (“EEA”) or Switzerland, and you use any of the following services: Digital Distribution, Fan Reach, Promote It, Digital eCommerce, or Site Builder (the “Covered Services”), then the following terms (“EEA Data Processing Terms”) apply to your use of the Covered Services only. If the EEA Data Processing Terms apply to you, and you do not agree with them, do not use any of the Covered Services.
We may need to process certain personal information (“Personal Data”) in order to provide you with the Covered Services. For the purposes of these EEA Data Processing Terms, “Personal Data” means any information relating to an identified or identifiable natural person. By using the Covered Services, you also agree to our Privacy Policy, which describes how we collect, use, and disclose Personal Data.
With respect to Personal Data that you provide to us through the Covered Services about yourself, we are the Data Controller of your Personal Data. This may include your name, username, email address, personal contact information, financial account information, or any other Personal Data you provide to us through your use of the Covered Services. In this capacity, we will only process your Personal Data when we have an appropriate basis, and subject to the obligations and limitations set forth in the Privacy Policy.
With respect to Personal Data that you provide to us through the Covered Services about other individuals (“Fan Data”), you are the Data Controller and we are the Data Processor of that Fan Data. This may include names, usernames, email addresses, personal contact information, or any other Personal Data you provide to us about other individuals. In this capacity, we will only process Fan Data as a Data Processor acting at your direction and in accordance with these EEA Data Processing Terms.
By using the Covered Services, you agree that: (i) you will comply with your obligations as a Data Controller under the European General Data Protection Regulation (“GDPR”) with respect to your processing of Fan Data, and any processing instructions you issue to us, and (ii) you have provided notice and obtained (or shall obtain) all consents and rights necessary under GDPR for us to process Fan Data and provide the Covered Services.
We will implement and maintain appropriate technical and organizational security measures designed to protect Fan Data from Data Breaches (defined below), to help ensure the ongoing confidentiality, integrity, and availability of the Fan Data and processing systems, in accordance with our security standards. The specific security measures we apply are further described in Appendix 2, below. Notwithstanding the above, you are responsible for your secure use of the Covered Services, including securing your account authentication credentials, protecting the security of Fan Data when in transit to and from the Covered Services, and taking any appropriate steps to securely encrypt or backup any Fan Data uploaded to the Covered Services.
We will ensure that any person who is authorized by us to process Fan Data (including our staff, agents, and subprocessors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
We will notify you without undue delay after becoming aware of any Data Breach involving Fan Data. For the purposes of these EEA Data Processing Terms, "Data Breach" means any breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Fan Data processed by us or a sub-processor. We will make reasonable efforts to identify the cause of the Data Breach and shall undertake such steps as we deem necessary and reasonable in order to remediate the cause of such Data Breach. We shall provide information related to the Data Breach to you in a timely fashion and as reasonably necessary for you to maintain compliance with GDPR. The obligations herein shall not apply to incidents that are caused by you, including your employees or agents.
We may process Fan Data anywhere in the world where we or our sub-processors maintain data processing operations. We shall at all times provide an adequate level of protection for the Fan Data processed, in accordance with the requirements of GDPR. By using the Covered Services, you acknowledge that we are deemed to provide an adequate level of protection for Fan Data (within the meaning of GDPR) by applying these EEA Data Processing Terms and the Standard Contractual Clauses, which can be found here. With respect to Fan Data, and for the purposes of implementing the Standard Contractual Clauses: (i) you are the data exporter and we are the data importer; (ii) you direct us to process Fan Data in accordance with these terms and pursuant to Appendices, below; and (iii) you acknowledge our obligations and rights as set forth in the Appendices below.
Upon termination or expiration of the Covered Services, we shall (at your election) delete or return to you, if feasible, all Fan Data remaining in our possession or control, save that this requirement shall not apply: (i) to the extent we are required by applicable law to retain some or all of the Fan Data; (ii) if we are reasonably required to retain some or all of the Fan Data for limited operational and compliance purposes; or (iii) to Fan Data we have archived on back-up systems. In all such cases, we shall maintain the Fan Data securely and protect from any further processing. These EEA Data Processing Terms shall survive for so long as we continue to retain any Fan Data.
The user of the Covered Services, which uses and/or purchases Covered Services from ReverbNation and authorizes ReverbNation to process Fan Data for purposes of providing the Covered Services.
ReverbNation, which processes Fan Data upon the instruction of the data exporter in accordance with the EEA Data Processing Terms.
The data exporter may transmit Fan Data using the Covered Services, and the extent of this transmittal is determined by data exporter in its sole discretion such that data subjects may include any natural persons.
The data exporter may transmit Fan Data using the Covered Services, and the extent of this transmittal is determined by data exporter in its sole discretion such that categories of data may include, but may not be limited to, names, usernames, email addresses, personal contact information, or any other Personal Data the data exporter provides through use of the Covered Services.
None
Processing will be undertaken to the extent necessary for ReverbNation to provide the Covered Services to data exporter and as otherwise authorized by the EEA Data Processing Terms.
ReverbNation has implemented and shall maintain a security program that includes appropriate administrative, physical, and technical safeguards designed to protect Fan Data from Data Breaches and to help ensure the ongoing confidentiality, integrity, and availability of the Fan Data and processing systems. These safeguards include:
© 2022 BandLab Singapore Pte. Ltd. All rights reserved.
