mBaSo Terms and Conditions
Welcome to www.mbaso.com (the “Platform”, which definition shall also include all mobile applications and any other websites owned and operated by us throughout the world and bearing the name “mBaSo”), owned and operated by mBaSo Ltd (Company Number: 07786534) (“we,” “us”).
The following terms and conditions (“Terms and Conditions”) govern your use of the Platform, whether as a browser, or a registered user. Please read these Terms and Conditions carefully before you start to use the Platform. By using the Platform, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using the Platform.
1. GENERAL USE OF THE PLATFORM
Eligibility and Approval
1.1 You may browse the Platform without registering but in doing so you accept and agree that certain areas of the Platform will not be available to you unless you register with the Platform. You will be asked if you wish to register each time you try to access any part of the Platform that requires registration. To register and/or to subscribe to the Platform you will be asked to provide certain information about yourself; this is more particularly set out below.
1.2 We, in our sole discretion, will have the right to refuse to allow you to register or subscribe to the Platform. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration or subscription of the Platform.
1.3 When you register with the Platform you will create an account (“Your Account”). This account is unique to you, and we will only accept one fan account and/or one artist account per registrant. Once you have registered with the Platform, you shall be entitled to subscribe to as many Artist areas on the Platform as you would like.
General Representations and Warranties
1.5 You hereby represent and warrant: (i) you have the full power and authority to enter into and perform under these Terms and Conditions, (ii) your use of the Platform will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (iii) you will comply with all applicable laws and regulations in using the Platform and in engaging in all other activities arising from, relating to or connected with these Terms and Conditions.
Minimum specifications for use of the Platform
1.6 We do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the Platform or any content and/or pages contained on the Platform or available through the Platform, or for any damage caused to your computer and/or associated systems, resulting from the incompatibility of your computer and/or its associated systems with the technical specifications posted on the Platform.
1.7 You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the Platform including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer’s functionality or operation. Notwithstanding the above, we shall have no liability whatsoever, howsoever arising for the consequences of any viruses, Trojan horses, time bombs or other bugs or defects that your computer may be subjected to in the course of your use of the Platform.
2.1 If you wish to register with the Platform, you must enter the ‘create account' page on the Platform and register using our online registration process. In doing so, you agree to: (i) provide an email address and a username; (ii) provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration process; and (iii) maintain and promptly update that information to keep it true, accurate, current and complete.
Registrant email addresses, passwords and security
2.3 You will also receive an account upon completing the Platform’s registration process. You are responsible for maintaining the confidentiality of your email address, password and your account and are fully responsible for all activities that occur under your email address, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
3. CONDUCT AND USE OF THE PLATFORM
3.1 You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.
3.2 You may not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.
3.3 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of ours, including any account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
3.4 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
4. PLATFORM CONTENT
4.1 We shall provide a “Spotlight Page” on the Platform in respect of each musical artist (“Artist”) that is registered with the Platform. Subject to the Artist’s provision of the same, each Artist’s Spotlight Page shall contain three (3) tracks available for streaming and a short biography and details of that Artist. If you wish to subscribe to any particular Artist then you shall click the “subscribe” button and you will be taken to a page setting out the subscription fee and payment options to proceed with your subscription to that Artist. You shall pay a separate subscription fee in respect of each Artist that you wish to subscribe to. Upon successfully completing each subscription to an Artist you shall be granted access to that Artist’s backstage area and monthly download track (collectively the “Artist Backstage Area”).
4.2 Subject to the Artist’s provision of the same, each Artist’s Backstage Area shall contain one exclusive track (not previously released for purchase or download) available for download per month and may also contain further information and content on that Artist, such as an extended biography, videos, photos, audio recordings, tour dates and links to that Artist’s other social network pages.
4.3 Any Artist content on the Platform shall be at the sole discretion of the Artist and we shall have no responsibility or liability for any Artist’s failure to provide content on the Platform (whether on their Spotlight Page or their Artist Backstage Area).
4.4 We do not preview, edit, monitor or otherwise control any content uploaded to the Platform by any Artist (save for the exclusive monthly tracks) and we cannot guarantee the accuracy, integrity or quality of such Artist’s content. By using the Platform, you agree to assume this risk. You accept and agree that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. Notwithstanding the above you may report any such content to us by emailing firstname.lastname@example.org, providing details of the content being reported and a link to the relevant Artist Area.
4.5 We shall provide all exclusive tracks and any other available tracks, videos or other recordings in such format types as we shall determine. Your computer must be of sufficient technical specification to be able to download and access content from the Platform in such formats and file sizes as we provide and we do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the content from the Platform, resulting from the incompatibility of your computer and/or its associated systems with the required technical specifications.
4.6 Where you download with our consent any widgets (i.e. software) or other content from the Platform, then such use is restricted to your personal and non-commercial use only. We reserve the right to revoke any permissions granted to you on notice. Any software, material or other content downloaded from our Platform is provided on an ‘as is’ basis only. Whilst we take reasonable commercial measures to ensure that content made available to you is free from viruses, it is your responsibility to ensure that you have up to date anti-virus protection software operating on your system and we shall bear no responsibility or liability in this regard. Notwithstanding the above, we shall have no liability whatsoever, howsoever arising for the consequences of any viruses, Trojan horses, time bombs or other bugs or defects that your computer may be subjected to in the course of your use of the Platform.
5.1 You can pay for each Artist subscription either monthly or annually by Direct Debit (in the UK only) or credit card.
5.3 We reserve the right at our sole discretion to offer discounted subscription fees and/or any other offers, promotions, competitions and gift cards from time to time and any such applicable offers shall be advertised on the Platform.
5.4 All of your subscription receipts shall be emailed to you at the address you provided on your registration to the Platform as proof of purchase.
5.6 In the event that any Artist you are subscribed to removes their Artist Backstage Area from the Platform (or has their Artist Backstage Area removed) during your period of subscription then your subscription to that Artist shall be deemed to end on the date at which the current month’s exclusive track offered by that Artist expires and you shall not be obliged to make any further payment in respect of your subscription to that Artist. In the event that you have paid for your subscription to that Artist annually then you shall be refunded pro rata for the remaining number of months on your annual subscription.
6. YOUR ACCOUNT
6.1 You shall be solely responsible for all of the content you upload to Your Account page on the Platform and post on any other pages on the Platform (“Your Content”) and for the consequences of uploading Your Content.
6.2 In connection with Your Content, you represent, and warrant that you own or have any necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content.
6.3 You will not upload Your Content and/or use the Platform in any way that:
(i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy rights;
(ii) is (or encourages, promotes or condones activities that are) illegal, unlawful, offensive, defamatory, libellous, is threatening, pornographic, harassing, hateful, racially or ethnically offensive;
(iii) promotes, supports, contains or links to software programs, applications or websites which propagate, distribute or contain hacking software or similar applications, utilities or programs, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) is designed to or does harass, threaten or abuse others;
(v) exploits minors in a sexual or violent manner;
(vi) impersonates another person;
(vii) is generally offensive or in bad taste;
(viii) “deep links” to any portion of the Platform;
(ix) uses any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission;
(x) contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(xi) removes any copyright, trademark or other proprietary rights notices contained in or on the Platform;
(xii) could damage, disable, overburden or impair the Platform;
(xiii) reformats or frames any portion of the web pages that are part of the Platform;
(xiv) interferes with another user’s use and enjoyment of the Platform;
(xv) harvests or collects email addresses or other contact information of users from the Platform by electronic or other means;
(xvi) includes materials or content of any third party without such third party’s prior written consent, or materials or content that falsely expresses or implies that such materials or content are sponsored or endorsed by us and/or the Platform; and/or
(xvii) Is otherwise in our reasonable opinion a breach of these Terms and/or applicable laws, regulations or codes of practice.
6.4 If we are notified that any or all of Your Content infringes the rights of any third party and/or are otherwise in breach of these Terms and Conditions, we will remove such infringing parts of Your Content. We reserve the right ourselves to remove any of Your Content we deem in our absolute discretion to be so infringing or in breach of these Terms and Conditions, and/or terminate your access to the Platform for uploading such infringing Content, at any time and without prior notice.
6.5 You are solely responsible and liable for any activity, behaviour, use and conduct you engage in relating to the Platform. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your use of and registration to the Platform.
6.6 You shall indemnify us and hold us harmless from all damage, costs and expenses (including reasonable legal fees) incurred by us as a result of any claim arising out of any breach by you of these Terms and/or in connection with any of Your Content submitted by you.
7. COPYRIGHT AND COPYRIGHT PROTECTION
7.1 This Platform and the underlying computer code used by us to design, operate and maintain the Platform and all content and material contained within or available on the Platform (including without limitation all text, software, photographs, graphics, page layout, and design presented through and as part of the Platform) is owned by and/or vests in us and is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Platform. Notwithstanding the above, you may use the content and materials on the Platform in the course of your normal, personal, non-commercial use of the Platform.
7.2 Copyright Complaints. We respect the intellectual property of others and we have used our reasonable endeavours to obtain the consent of the copyright owners of all content and material contained within or available on the Platform for such content to be placed upon the Platform and made available to Platform users. If you believe that any work has been used on the Platform in such a way that constitutes copyright infringement, please contact us at email@example.com with the following information:
(i) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
(ii) A description of the copyrighted protected content that you believe has been infringed upon;
(iii) A full description of where on the Platform this content can be found (including the relevant URL);
(iv) Your address, telephone number, and e-mail address;
(v) A statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
(vi) A statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner’s behalf.
8. TRADE MARKS
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Platform are registered and unregistered Trademarks of ours and others. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without our written permission or the written permission of such third party that may own the Trademarks displayed on the Platform. Your misuse of the Trademarks displayed on the Platform, or any other content on the Platform, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that we will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
9. MODIFICATION, SUSPENSION AND TERMINATION
9.1 We reserve the right, without prejudice to any other rights and remedies available to us under these Terms and Conditions or generally at law, to suspend or terminate your registration or subscription and/or use of the Platform immediately upon being made aware of any breach or potential breach by you of these Terms and Conditions. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Platform with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.
9.2 You shall have the right to unsubscribe from any Artist and/or to close Your Account on the Platform at any time. Unless you delete Your Account in the intervening period, then upon any such unsubscription your access to the applicable Artist’s page shall end on the day before your next payment would have been due. If you have chosen to pay your subscription to that Artist annually then your access to that Artist’s page shall end on the expiry of that annual period.
10. WARRANTIES AND LIMITATION OF LIABILITY
10.1 THE PLATFORM, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PLATFORM), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED ‘AS IS,’ ‘WITH ALL FAULTS’, ‘AS AVAILABLE’, WITH NO WARRANTIES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK
10.2 We shall not be responsible for any connection or access to the Platform by you or the quality of the transmission of any information passing between you and the Platform. You will be responsible for providing your own communications equipment to access the Platform via the Internet, and the Internet access charges thereon
10.3 We do not warrant or represent that:
(i) the Platform will meet your requirements;
(ii) access to the Platform will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the Platform will be accurate or reliable;
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Platform will meet your expectations; and/or
(v) any errors in any data or software will be corrected.
10.4 YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DOWNLOADERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE PLATFORM, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PLATFORM, FROM INABILITY TO USE THE PLATFORM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PLATFORM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY PART OF PLATFORM YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
10.5 We are not responsible for any third-party links, services, resources or information provided on or made available through the Platform. Accordingly, we make no warranties and accept no liability (to the fullest extent permissible by law) regarding such third-party links, services, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information.
11. GENERAL LEGAL PROVISIONS
11.1 It is a crime to use a false name or a known invalid credit card to order or subscribe. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
11.2 We may amend these Terms and Conditions from time to time, and place the new version on the Platform. When we do so, we will place a notice advising that the Terms and Conditions have been changed on our homepage www.mbaso.com. Your use of the Platform from the date that the amended terms are placed on the Platform onwards will be governed by those new terms.
11.3 We aim to update our Platform regularly, and may change the content at any time. If the need arises, we may suspend access to our Platform, or close it indefinitely. Any of the material on our Platform may be out of date at any given time, and we are under no obligation to update such material.
11.4 These Terms and Conditions apply when you first access the Platform, whether as a browser, a registrant or a subscriber. These Terms and Conditions shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions once your order has been accepted by us. You are further advised to read (and are responsible for reading) all information on this Platform fully.
11.5 Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
11.7 If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, it/they will be struck out and the other terms remain.
11.8 These Terms are subject to the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.