Terms and Conditions
Acceptance of Terms.
The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, then you are of legal age to form a binding contract and that all registration information you submit is accurate and truthful. Masqparade may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Rules and Conduct.
By way of example, and not as a limitation, you shall not and shall not permit any third party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:
infringes any patent, trademark, trade secret, copyright, a right of publicity or other rights of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk email spamming.
involve commercial activities and/or sales without Masqparade's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
exploits people in a sexual or violent manner;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Masqparade or any third party;
or impersonates any person or entity, including any employee or representative of Masqparade.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Masqparade in its sole discretion) an unreasonable or disproportionately large load on Masqparade’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Masqparade may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Masqparade reserves the right to investigate and take appropriate legal action against anyone who, in Masqparade's sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.
As a condition to using certain features of the Service or making a purchase from Masqparade, you may be required to provide certain personal information to Masqparade, such as your name and email address. You may register with Masqparade as a Subscriber or a Member, which will allow you to access certain features of the Service that are only available through Member or Subscriber Accounts. Such as a Member/Subscriber lists of your history of purchases of Music. Communicating with other Members/Subscribers or Artists on Masqparade's Blog. Following an Artist or purchasing a subscription from an Artist on the Blog and giving personal information gives that Artist and Member/Subscriber access to your email address. Your history of purchases of Music and any information you provide on the Blog page will be available to other users of the Service by default.
As a condition to each Artist’s right to receive Member/Subscriber Information, Masqparade requires each Artist to agree to the terms set forth in the next section of this Agreement. However, you acknowledge that Masqparade has no control over the use of the Member/Subscriber Information by the Artists, and you further acknowledge and agree that Masqparade shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Artists’ use of such Member/Subscriber Information.
Personal Member/Subscriber Information - Artists.
In connection with certain features of the Service, including, by requiring that Members/Subscribers provide you with their e-mail addresses and other personal information in order to access the free download option, you may collect certain types of Member/Subscriber Information. As a condition to receiving such Member/Subscriber Information, you acknowledge and agree that you will not disclose, rent, or sell any Member/Subscriber Information to any third party, and you will use the Member/Subscriber Information only in connection with the Artist’s mailing list in order to provide Member/Subscriber with general information and news about the Artist, such as upcoming shows, music not submitted to Masqparade or other content.
You further agree that any e-mail or other communication sent to the Artist’s mailing list or sent in connection with the Artist Subscription will comply with e-mail marketing laws and include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning "opt-out" mechanism). You will promptly implement a recipient’s request to opt-out of receiving emails from you and will not send any further emails to such opting-out recipient.
Fees and Payments – Members/Subscribers.
You may purchase from an Artist, any digital Content made available via download and streaming through the Service. Each such purchase is a “Transaction.”
All inquiries regarding Transactions involving Merchandise only will be directed to the relevant Artist. Masqparade is not responsible for refunds for Merchandise, except as provided in this Agreement. All sales of Digital Content are final (except where prohibited by law) unless otherwise determined by Masqparade. If you do not receive the Digital Content or otherwise have an issue with the Digital Content delivered, please contact Masqparade with your request and proof of payment, and we will notify the relevant Artist and work with them to resolve your issue. At Masqparade’s sole discretion, you may be credited or refunded for the Digital Content. However, you understand and agree that Masqparade is a platform that Artists use to sell their products, and the Digital Content is derived from files provided by the relevant Artist, and the relevant Artist is solely responsible for such files.
Your total price for Digital Content will include the price of the product plus any applicable sales tax; such sales tax is based on your location and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states or countries where digital goods are taxable.
The content you purchase in a Transaction cannot be guaranteed to be available to you perpetually. For example, if we receive a notification of claimed infringement from a copyright owner or its agent with respect to specific Content, then U.S. law may require us to remove that Content from the Service and not make it available for future sale and we may also have to deny continued access to anyone who previously purchased such Content. This means that you may lose access to purchased Content previously available to you through the Service.
If we are required by law to deny access through the Service to previously purchased Content, including by removing access to Content from a user’s personal collection through any mobile application, then Masqparade and Artists will not provide the user who purchased that Content with a refund, except as required by applicable law. Users bear all risk from the denial of access to any Content purchased through the Service.
Because there is a possibility that we may be required to deny you access to previously purchased Content, we encourage you to promptly download any Content you purchase through the Site to your own devices so that you will retain control and possession of such Content even if we are required to remove the Content from the Service. You warrant that if you enter into a Transaction, then you shall be able to make full and immediate payment for the requested products or services.
Fees and Payments – Artists.
Masqparade will set the prices for your products and services that are charged through Transactions on the Site. Notwithstanding the preceding sentence, Masqparade may redistribute previously purchased copies of your products to users who have, in Masqparade’s sole determination, received a corrupted copy of your product, an incorrect file format version of your product, an incomplete copy of your product, or suffered a loss of your product through hard drive failure, damage, theft or destruction, on a no-fee basis to the user (i.e., the user is not charged a new fee for the redistribution). Such redistribution may be effectuated by allowing a user to redownload a replacement copy themselves. A user that has a Member/Subscriber Account will also be permitted to redownload any previously purchased Content from an Artist. In the event of any of the foregoing redistributions, no additional payments shall be made to you for such redistributions. Masqparade will in such an event remove the corrupted copy of said product from Member/Subscriber before initiating redistribution.
Masqparade shall be entitled to a share of the revenue you receive from Transactions, including any Transactions for which you or we provide a refund, in accordance with the Artist Agreement set forth at www.masqparade.com. You shall be solely responsible and liable for, and Masqparade shall have no responsibility or liability for, any PayPal fees except for fees charged on (Masqparade's PayPal account), credit card transaction fees, bad debts (such as credit card returns or fraud), disputed payments, refunds and personal tax except as provided in this Agreement.
Masqparade may withhold any sales taxes, duties, charges or levies on payments by Masqparade to you pursuant to this Agreement as may be required by applicable law, rule or regulation. Masqparade shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. Masqparade may retain funds otherwise payable to you if Masqparade is required or chooses to provide a refund on your behalf.
Masqparade will collect the purchase price and any applicable Fees and sales tax. Masqparade will pay you the gross proceeds we receive from the sale of your Music, minus the applicable Revenue Share and any applicable Fees and Sales Taxes.
When you receive a payment for Digital Content or Artist Subscription, you are liable to Masqparade for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees if there is a chargeback, a dispute, or if there is a reversal of the payment. You agree to allow Masqparade to recover any amounts due to Masqparade by debiting your account or withholding any Artist Payout or Subscription Fee. If there are insufficient funds to cover your liability, you agree to reimburse Masqparade through other means.
Masqparade retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Masqparade, and to correct any inaccurate listing or technical problems on the Site. Masqparade may immediately halt the offering or sale of any goods or services upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement or becoming aware of facts or circumstances from which infringing material is apparent with respect to any goods or services.
Third Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. These other websites are not under Masqparade's control, and you acknowledge that Masqparade is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Masqparade or any association with its operators. You further acknowledge and agree that Masqparade shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Content and License.
You agree that the Service contains Content specifically provided by Masqparade or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Masqparade grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Masqparade, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Intellectual Property Rights – Artists.
The Service provides Artists with the ability to upload Digital Content owned or controlled by such Artists to the Site, including but not limited to Sound Recordings, videos synchronized with Sound Recordings and other audiovisual works, and the musical works embodied within Sound Recordings and Music Videos and, collectively with Sound Recordings and Music Videos. Masqparade will not have any ownership rights in any elements of an Artist’s Music, however, Masqparade needs the following license to perform the Service. Each Artist uploading Music to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform, publicly display, create derivative works, communicate to the public, synchronize and otherwise exploit (1) the Artist’s Music and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Music on computer servers owned and/or operated by or on behalf of Masqparade or its authorized sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist’s Music using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text “Artwork” in connection with the Service); (ii) allow users of the Service to receive public performances and public displays of the Artist’s Music and Artworks and to reproduce the Artist’s Music and Artworks on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.
To enable Company to Exploit your Music pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.
By uploading any Music or Artworks to the Site:
you represent and warrant, and can demonstrate to Company’s full satisfaction upon request, that (i) you own or otherwise control all rights to your Music and Artworks or that such Music and Artworks are in the public domain or have otherwise been directly licensed to the Artist in writing with a grant of rights sufficient to permit the Artist to enter into this Agreement and to grant all of the rights with respect to the Artist’s Music or Artworks as set forth in this Agreement.
you represent and warrant that the use or other exploitation of your Music and/or Artworks by Masqparade and its authorized sublicensees and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
you represent and warrant that, to the extent you are the songwriter of any or all of the Musical Works embodied in your Sound Recordings or Music Videos, whether in whole or in part (e.g., as a co-writer), you have the full right, power, and authority to grant the rights set forth in this Agreement notwithstanding the provisions of any agreement you may have entered into with any performing rights organization (“PRO”), whether based in the United States (e.g., ASCAP, BMI or SESAC) or elsewhere, or any music publisher, and that you are solely responsible for taking all steps necessary to inform such PRO or music publisher of your grant of a royalty-free license to Masqparade for the public performances and communications to the public of your Musical Works, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the public performance or communication to the public of your Musical Works.
you represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Music as authorized under this Agreement.
If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting company the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.
Intellectual Property Rights - Fans.
The Service provides users with the ability to add, create, upload, submit, distribute or post content, videos, including Music Videos, audio clips including Music, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site. By Submitting User Submissions on the Site or otherwise through the Service, you:
acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission and that you may be identified publicly by your User ID in association with any such User Submission;
by Submitting any User Submissions through the Site or the Service, you hereby grant Masqparade a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform including on a through-to-the-audience basis and by means of a digital audio transmission, communicate to the public, synchronize and otherwise fully exploit the User Submissions in connection with the Site, the Service and Masqparade’s successors and assigns, business, including without limitation for promoting and redistributing part or all of the Site and derivative works thereof or the Service in any media formats and through any media channels including, without limitation, third party websites, whether now known or hereafter developed. You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce (on any and all devices owned or controlled by the user), distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Masqparade does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
you agree to pay all royalties and other amounts owed to any person or entity, including any PROs, due to your Submission of any User Submissions to the Service;
that the use or other exploitation of such User Submissions by Masqparade and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
understand that Masqparade shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Masqparade will not be liable for any errors or omissions in any content; and that Masqparade cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Masqparade does not endorse and has no control over any User Submission. Masqparade cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Masqparade has no special relationship with or fiduciary duty to you. You acknowledge that Masqparade has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Masqparade from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Masqparade makes no representations concerning any Content contained in or accessed through the Site, and Masqparade will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
The Service is provided "as is" and "as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Masqparade and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711):
Masqparade makes no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Masqparade will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Masqparade’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of Liability.
In no event shall Masqparade, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services however arising, (ii) for any bugs, viruses, trojan horses, or the like, regardless of the source of origination, or (iii) for any direct damages in excess of one-hundred U.S. dollars ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Because Masqparade is not the buyer or seller in any Merchandise Transaction, if a dispute arises between one or more participants in a Merchandise Transaction, then you release Masqparade and its affiliates, agents and employees from claims, demands and damages, actual and consequential of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, then you waive California civil code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You, being aware of a said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this Agreement and that without such waiver, this Agreement would not have been entered into by Masqparade.
Because Masqparade is not the buyer or seller in any actual Merchandise Transaction between Artists and fans and is not the agent of either for any purpose, Masqparade does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Merchandise Transaction. Artists are individually responsible for compliance with all consumer rights laws applicable to their Merchandise Transactions, including EU Consumer Rights Laws.
Integration and Severability.
You may contact Company at the following address:
21 Old Swan Yard