SPINNUP WEBSITE TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
These terms tell you the rules for visiting and using our website spinnup.com and all subsites (including Artist Subsites, as defined in our Services Terms and Conditions), domains and sub-domains within it (“Website”). Please note that other terms may also apply to your use of the Website, in particular where you purchase any of the services featured on the Website (see paragraph 3 below for further information).
1. Who we are and how to contact us
www.spinnup.com is a website operated by Spinnup Services B.V. whose registered address is Gravelandseweg 80, 1217 EW Hilversum, Netherlands (Chamber of Commerce number: 6038630, and VAT number NL8538.87.834.B01) (“Spinnup“, “us”, “we” and “our”).
You can contact us by writing to us at email@example.com. Helpful guides and FAQs about Spinnup can also be found at the Spinnup Help Centre on our Website.
2. Acceptance of these terms
3. Other terms that may apply
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.
• If you choose to use features on our Website that connect to your online profiles, accounts or channels on third party websites, applications or services (“Third Party Sites”), your use thereof will also be governed by and subject to such Third Party Sites’ own terms and conditions and privacy policies. For example, if you connect your YouTube account in your Account settings, which enables you to track within the dashboard in your Account your plays and fanbase engagement on YouTube, you are also agreeing to be bound by YouTube’s Terms of Service. Please note that we have no control over, and assume no responsibility for, Third Party Sites, their content, terms and conditions and privacy policies. It is your responsibility to read those terms and policies and decide whether to proceed.
4. Changes to these terms
We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
5. General operation of our Website
We may update and change our Website from time to time to reflect changes to our products, our users’ needs and our business priorities.
The Website itself is made available free of charge. To be clear, however, there is a charge for purchasing any services featured on our Website.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal as appropriate under the circumstances (e.g. by displaying a prominent notice on the Website).
6. Keep your Account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures when creating your Account, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
7. Using material on our Website
We are the owner or the licensee of all intellectual property rights in our Website and all content thereon. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors, including artists) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
All Spinnup trademarks, service marks, trade names, logos, domain names, and any other features of the Spinnup brand (the “Spinnup Branding”) incorporated by us on the Website are our sole property (or of our licensors), and we do not grant you any rights to use any Spinnup Branding.
8. Do not rely on information on this Website
The content on our Website is provided for general information and/or promotional purposes only. Any music industry guides, FAQs and other general information 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 Website.
Although we make reasonable efforts to update the information in our FAQs and elsewhere on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
9. User-generated content available on the Website
This Website may include information and materials (including sound recordings and videos) uploaded by other users of the Website, including to the Artist Subsite pages. This information and these materials have not been verified or approved by us. Any views expressed by other users on our Website do not represent our views or values. All content uploaded by others to our Website must comply with the content standards set out in our Acceptable Use Policy.
If you wish to complain about content uploaded by other users, please contact us on email@example.com
10. Our responsibility for loss or damage
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and liability for fraud or fraudulent misrepresentation.
If we fail to comply with these Website Terms and Conditions, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.
To the extent permitted by applicable law, we shall not be liable to you for business losses (including (without limitation) loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill or reputation) nor loss of anticipated savings, and we exclude all implied conditions, warranties, representations or other terms that may otherwise apply to our Services and/or the Website or any content on it.
To the extent that applicable law does not allow the exclusion of certain terms or the limitation or exclusion of certain damages (including because you are using the Services as a consumer), the relevant exclusions or limitations set out above will not apply in relation to our contract with you.
11. Indemnity you give us
You agree to indemnify us, our affiliates and our and their respective directors, officers, agents, employees, shareholders, partners and independent contractors (collectively, “Indemnified Parties”) on demand against any and all claims, actions, proceedings, liabilities, demands, damages, losses, expenses or costs (including reasonable legal fees and costs) (“Claims”) suffered or incurred by an Indemnified Party arising out of any breach, or alleged breach, by you of these Website Terms and Conditions, or as a result of any Claim by a third party based on any facts which, if substantiated, would constitute such a breach.
12. Use of personal information
13. Viruses and misuse
We are not responsible for viruses and you must not introduce them.
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack the Website via a denial of service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990 or similar legislation in your jurisdiction. We may report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use our Website will cease immediately.
14. Rules about linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The Website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
15. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. Where you have signed up for an Account, we will contact you if we plan to do this. If you are unhappy with the transfer you may contact us to close your Account by writing to us at firstname.lastname@example.org.
17. Which country’s laws apply
Please note that these Website Terms and Conditions, their subject matter and their formation, is governed by English law. However, if you are a consumer, you will still benefit from any mandatory provisions of the law of the country in which you usually reside and nothing in these Website Terms and Conditions, including the foregoing sentence, affects your rights as a consumer to rely on such mandatory provisions of local law.
In the event of a dispute between the Parties arising out of these Website Terms and Conditions, you and we undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration. Any dispute arising out of or in connection with these Website Terms and Conditions, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator to be selected by mutual agreement of the parties acting reasonably. The language of the arbitration shall be English.