Terms and Conditions
Before placing orders on the website www.earlysoundsrecordings.com it is necessary to read carefully and accept the General Conditions of Sale below.
2.3 – Data protection, privacy and Cookies
3.1 – Description of the Homepage
Registered users of the Homepage can submit, upload and send text, photos, images, graphics and other content, data or information (“Content(s)”), which will be stored by Early Sounds Recordings under the direction of those registered users, and can be shared and delivered by such registered users using the tools and features provided as part of the Homepage and accessible through the Site and elsewhere. The Homepage also allows registered users to interact with each other and allows any user of the Site or of some Services (which may or may not be registered users of the Homepage) to view and share content uploaded and made available by registered users.
3.2 – Your use of the Homepage
(3.2.3) use other services provided as part of the Homepage strictly as permitted in accordance with these Conditions of Use and all terms applicable to such services from time to time.
(3.2.4) you are not allowed to copy, rip or capture, or groped to copy, rip or capture any audio from the Homepage or any part of the Homepage or Content;
(3.2.6) you are not allowed to use any Content in any way that is designed to create a separate content service or that replicate any part of the Homepage offering;
(3.2.7) you are not allowed to use by scraping or similar techniques to aggregate, reuse, republish or otherwise make use of any Content;
(3.2.8) you are not allowed to use any technique or take advantage of any services, automated or not, intended to misrepresent the popularity of Content in Homepage or to misrepresent your activities on the Homepage, including without limitation to the use of bots, botnet, scripts, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play content, follow or stop other users, send messages, or otherwise to act on your behalf, in particular where such activity takes place in a multiple or repetitive fashion. You must not offer or promote the availability of such techniques or services to other users of the Homepage;
(3.2.9) You are not allowed to alter or remove, attempt to alter or remove any trademark, copyright or other proprietary rights or legal grounds contained in, or appear, the Homepage or any Content that appears on the Homepage (other than your Content);
(3.2.10) You are not allowed, and not allow any third party to, copy or adapt the object code of the Site or Services, or reverse engineer, disassemble, decompile, modify or groped to discover any source code or object of any part of the Homepage, or bypass or circumvent groped or copy any copy protection mechanism or access any rights management information pertaining to Content;
(3.2.11) You are not allowed to use the Homepage to upload, post, store, transmit, display, copy, distribute, promote, make available or communicate to other users or to the public:
any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, sex, religion or sexual orientation, or is otherwise objectionable in Demosend’s reasonable discretion; or
any information, content or other material that violates, copying, misappropriaties, or infringes the rights of third parties, including, without limitation, copyrights, trademark rights, rights of privacy or publicity, confidential information or other rights; or
any content that violates, breaches or is contrary to any law, rule, regulation, court order or otherwise is illegal or unlawful in Early Sounds Recordings’s reasonable opinion; or
any material of any kind that contains viruses, Trojan horses, spyware, adware, malware, bots, bomb, worm or other harmful or malicious, or that could overburden, impair or disrupt the Homepage or servers or networks that are part of, or connected to, the Homepage, or that could restrict or inhibit any other user from using and enjoying the Homepage; or
any unsolicited advertising or unauthorized advertising, promotional messages, spam or any other form of solicitation;
(3.2.12) you are not allowed to commit or engage in, or encourage, induce, encourage, or promote any conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation;
(3.2.13) you are not allowed to rent, sell or rent access to the Homepage, or any content on the Homepage;
(3.2.14) You are not allowed to deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or label, or sending messages or operate in the Homepage with the name of another person or company or label;
(3.2.15) you are not allowed to stalk, exploit, threaten, abuse or harass another user or any Early Sounds Recordings’s employee;
(3.2.16) you are not allowed to use or attempt to use another person’s account, password or other information, unless you have explicit permission and written permission by that person;
(3.2.17) you are not allowed to sell or transfer, or offer to sell or transfer, any account Early Sounds Recordings to third parties without the prior written consent of Early Sounds Recordings;
(3.2.18) you are not allowed to collect or groped to collect personal information, or any other kind of information about others, including, without limitation, through any form of spidering or scraping;
3.3 – Changes to the Homepage and Accounts
Early Sounds Recordings reserves the right at any time and for any reason to suspend, discontinue or terminate providing access to the Homepage or any part thereof, temporarily or permanently, and whether in its entirety or in relation to individual territories only. In the event of any permanent or temporary suspension, interruption, cessation or termination of access, Early Sounds Recordings will use reasonable efforts to notify registered users of such a decision, if possible, in advance.
You agree that Early Sounds Recordings and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders will not be liable to you or any third party for any changes or modifications to the Homepage or any Service that Early Sounds Recordings may make from time to time, or for any decision to suspend, discontinue or terminate the Homepage, Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
4.1 – Your Account on Early Sounds Recordings
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain liable for any use of your username and password, and all activities emanating from your account, whether or not such activity was authorized by you.
If your user name or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Early Sounds Recordings in writing, and should change your password as soon as possible.
4.2 – Your Account and User Name as Artist or Label
When you register to use the Homepage, you will choose an User name (as Artist or Label based of your registration) for your account. This name, after registration, can not be changed by the user and represents the user for all the duration of the account. The name isn’t univocal; in case there are more user with the same name, the user may decide to differentiate his profile in the appropriate section of the Homepage, with the inclusion of more information that refer to his profile or to close the account and open a new one with a new name. The User can write an email (from the email address with the user has registered to Early Sounds Recordings and with all his account info) to Early Sounds Recordings at the address report(at)earlysoundsrecordings.com or open a support ticket to request the change of his User Name for reason of more user with the same name; the change request will be only for the User Name and only in the small part of the name that makes it different in cases of homonyms names. Early Sounds Recordings reserves the full right, in its sole discretion, to accept or reject such request made by You. As Label, You cannot request the change of Label name when the Label has already started to distribute releases with Early Sounds Recordings distribution. Label name is univocal for Early Sounds Recordings distribution; in this case the Label with homonymus name (alerted by Early Sounds Recordings) has to change in a new Label name before to start to distribute.
4.3 – Your Content
Any and all audio file, text, photos, images, graphics and other content, data or information that you upload, generate, store, transmit, send, exchange or make available to or via the Homepage (the “Content(s)”) , is owned and controlled exclusively by You, not by Early Sounds Recordings.
Early Sounds Recordings does not claim any ownership rights in the Content, and expressly acknowledge and agree that your Content remains your solely responsibility.
We may, from time to time, invite or provide the means to provide feedback on the Homepage and the ownership of your Content, and in such circumstances, any feedback and responses will be considered non-confidential and Early Sounds Recordings we will have the right, but not the obligation, to use such feedback without restrictions.
The Artist can upload on the Homepage only audio content that is, on his own responsibility, a single audio track of the user; the Homepage not permit the upload of audio set that contain more than one track (for example set, DJ sets, live band recording…). These audio Content must be removed by the Artist once he has concluded a music distribution agreement with a Label (both internal to Early Sounds Recordings with Bid or external); these audio Content will still be automatically removed after the end of one year from the date of upload of the same audio Content.
Early Sounds Recordings is not liable if the Artist does not remove the Content after concluding a distribution agreement with a Label and Early Sounds Recordings reserves the right, but not obligation, to remove such Content even without any authorization of the Artist.
5.1 – Grant of License
The licenses granted in this section are granted separately to each item of your Content that you upload to the Homepage. Licenses in relation to audio content and images or text within your account, will end automatically when you remove such Content from your account. The licenses regarding your contributions (for example play, like, follow…) that you make on the Homepage will be perpetual, irrevocable, and will continue notwithstanding any termination of your account.
Removing content from your account automatically involve the cancellation of the related file systems from Early Sounds Recordings server. However, notwithstanding the above, you hereby acknowledge and agree that once the content is distributed on a service connected, Demosend is not obligated to ensure the cancellation of Content from any server or systems managed by operators of any connected service, or to request that any user of the Homepage or any Services eliminates any element of your Content.
Any content other than the your Content is the property of the respective Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. This Content may not be reproduced, deliver, transmit, upload, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for purposes other than through the features of the Homepage from time to time and within the parameters established by the Uploader on the Homepage or with the express written consent of the Uploader.
5.2 – Representations and Warranties
You hereby represent and warrant to Early Sounds Recordings as follows:
(5.2.2) Your Content and the availability of the same on the Homepage does not and will not violate the rights of third parties, including, without limitation, intellectual property rights, performers rights, rights of privacy or publicity, or rights in confidential information;
(5.2.3) You have obtained any and all necessary consents, permissions and/or authorization from any and all persons appearing in your Content to publish the same on the Homepage and via any Services;
(5.2.4) Your Content is not and will not be illegal, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, sex, religion or sexual orientation;
(5.2.5) Your Content does not and will not create any liability on the part of Early Sounds Recordings, its subsidiaries, affiliates, successors and assigns, and their employees, agents, directors, officers and / or shareholders.
Early Sounds Recordings reserves the right to remove Your Content, suspend or terminate your access to the Homepage and/or execute legal remedies, if we believe that any Content you have uploaded violates any of the previous representations or warranties, or otherwise violate any another person’s rights or violates any law, rule or regulation.
5.3 – Limitation of Liability
In no event shall the Early Sounds Recordings’s total liability to you under this Agreement exceed the amounts (if any) paid by you to Early Sounds Recordings during the previous twelve (12) months for the services giving rise to the claim.
Early Sounds Recordings and its subsidiaries, affiliates, successors and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for:
Any loss or damage arising from:
(A) your inability to access or use the Homepage or any part or parts of it, or to access any Content or any Services via the Homepage;
(B) any changes that may be made by Early Sounds Recordings to the Homepage or any part thereof, or any temporary or permanent suspension or termination of access to the Homepage or any Content in or from any or all of the territories;
(C) any action taken against you third party rights holder in relation to any alleged violation of the rights of such third party and to the Content or use of the Homepage, or any action taken in the context of an investigation by Early Sounds Recordings or any relevant law enforcement authorities regarding the use of the Homepage;
(D) any errors or omissions in the technical operation of the Homepage, or from any inaccuracies or defects in any Content, or any information relating to the Content;
(E) your failure to provide Early Sounds Recordings with accurate or complete information, or your inability to keep your username or password suitably confidential;
Any loss or damage to any hardware or software, any loss of data (including your Content), or any loss or damage from any breach of security; and/or
Any claim or cause of action arising out of or related to your use of the Homepage must be notified to Early Sounds Recordings as soon as possible.
5.4 – Disclaimer
The Homepage, including, without limitation, the Site and all Content and Services accessible through or via the Site or otherwise, are provided “as is”, “as available” and “with all faults”.
Early Sounds Recordings uses reasonable endeavours to correct any errors or omissions in the Homepage as soon as practicable once they have been brought to Early Sounds Recordings’s attention. However Early Sounds Recordings makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the Site, the Services or any part or parts thereof, or any Content. Early Sounds Recordings does not warrant that your use of the Homepage will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Homepage or any part or parts thereof, the Content, or the servers on which the Homepage operates are or will be free of viruses or other harmful components. Early Sounds Recordings does not warrant that any transmission of Content uploaded to the Homepage will be secure or that any elements of the Homepage designed to prevent unauthorized access, sharing or download of content will be effective in any and all cases, and does not warrant that your use of the Homepage is lawful in any particular jurisdiction.
5.5 – Indemnification
You expressly agree to indemnify, defend and hold harmless Early Sounds Recordings, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, costs and expenses, including reasonable attorneys’ fees, resulting from:
(5.5.3) any activity related to your account, whether by you or any other person accessing your account with or without your consent.
6.1 – Websites and Services
The Homepage may provide you with access to third-party sites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including, without limitation, related external Services.
Early Sounds Recordings does not have or maintain any control over external Services, and is not, and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any external Services, Early Sounds Recordings makes no representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of the content, information or services provided by such external services.
You are solely responsible for taking all the necessary precautions to protect yourself from fraud when using external services, and to protect your computer systems from viruses, worms, Trojan horses and other harmful or destructive content and materials that can be included or may resulting from any Services.
Early Sounds Recordings disclaims any and all responsibility or liability for damages resulting from the use of the Services, and you irrevocably waive any claim against Early Sounds Recordings regarding the content or operation of the Services.
6.2 – Assignment
Early Sounds Recordings may assign its rights and its obligations under this Agreement, in whole or in part, to third parties at any time and without notice, including, without limitation, any person or entity acquiring all or substantially all of the assets or business of Early Sounds Recordings. You may not assign this Agreement or the rights and obligations of hereunder, in whole or in part, to any third party without the prior written consent of Early Sounds Recordings.
6.3 – Rights
7.1 – Responsibility for content
You acknowledge and expressly agree that Early Sounds Recordings (7.1.1) stores Content and other information at the direction, request and with the consent of its users, (7.1.2) acts only a passive role and/or host for uploading, storage and delivery of such Content, and (7.1.3) does not play any active role and gives no assistance in the presentation or the use of the Content. You are solely responsible for all of your Content that you upload, post or deliver to, or through the Homepage, and to the extent permissible by law, Early Sounds Recordings excludes any liability with regard to all Content (including your Contents) and activities of its users about it.
Early Sounds Recordings and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders disclaim, to the maximum extent permitted by law, any liability which may arise from any Content uploaded by users to the Homepage, including, but not limited to, claims for breach of intellectual property rights, rights of privacy or publicity rights, any claims related to the publication of defamatory, pornographic, obscene or offensive, or any claims related to the completeness, accuracy, validity or reliability of all the information provided by users of the Homepage. By using the Homepage, you irrevocably waives the right to assert any claim against Early Sounds Recordings or one of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
7.2 – Blocking and Removal of Content
Please also note that individual uploaders have control over the audio Content that they store in their account from time to time, and may remove any or all of the audio Content or other Content without notice. You have no right of continued access to any particular item of Content and Early Sounds Recordings shall have no liability in the event that you are unable to access an item of Content due to its removal from the Homepage, whether by Early Sounds Recordings or the relevant Uploader.
7.3 – Infringers
There will also suspend or terminate your account without notice if ordered to do so by a court, and / or in other appropriate circumstances, as determined by Early Sounds Recordings at its discretion.
Bid is a service that allows users to agree each other to distribute a track, through the acceptance of a bid of royalties percentage, the exchange of the agreement signed and the sending of the audio file for distribution. The users, at the moment of the acceptance of the agreement in the bid service, guarantee that the percentage of royalties in the bid is the same at the percentage of royalties in the agreement signed by the users and guarantee that this condition is in accordance with all the conditions of the contract signed by the parties for the distribution of the track. In case that the Label distribute that track with Early Sounds Recordings distribution, that percentage, accepted by the parties in the bid, will be used by Early Sounds Recordings to count the sales royalties for the involved users and that percentage of royalties can not be changed under any circumstances after agreement of the parties in the Bid.
Early Sounds Recordings has no liability for the negotiations and the agreements reached between the two parties through the use of Bid service. Early Sounds Recordings only offers the Bid service and it is not and cannot held liable in any way if one of the parties does not respect the agreement of the negotiations. Early Sounds Recordings does not guarantee for any of the two parties regarding the agreements reached through the use of Bid service. Early Sounds Recordings only guarantees the division of the royalties from the Early Sounds Recordings distribution in the exact percentages indicated in the Bid service and accepted by the parties.
Early Sounds Recordings may terminate your access to the Homepage and / or terminate this Agreement at any time, if:
11.3 – Early Sounds Recordings elects at its sole discretion, to cease to provide access to the Homepage in the jurisdiction where you reside or from which you are trying to access the Homepage, or
11.4 – in other reasonable circumstances as determined by Early Sounds Recordings at its discretion.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activities from your account (for example, data relating to the delivery or consumption of your Content), will be permanently removed from Early Sounds Recordings, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with the laws and regulations and or to protect our legitimate business interests. You are advised to save or back up any material that you upload to your account before you terminate your account, as Early Sounds Recordings assumes no liability for any material that is irrevocably deleted after the closing of your account. Early Sounds Recordings cannot provide you any data files related to activities associated with your account, whether before or after termination or cancellation.
12.1 – Severability
12.2 – Entire Agreement
12.3 – Applicable Law and Jurisdiction of the Agreement
This Agreement is subject to the laws in force in Italy; you expressly accept, and Early Sounds Recordings accepts, to submit to the exclusive jurisdiction of the courts of Naples (Italy) for the resolution of any dispute, action or proceeding arising in connection with this Agreement. This Agreement and its interpretation will be subject exclusively to Italian law.
The user indemnifies Early Sounds Recordings from alleged claims of third parties in accordance with the foregoing warranties and will compensate Early Sounds Recordings for any damage and expenses incurred, particularly if third parties claim violation of their rights to files uploaded by the user and/or any other usage user made of the Homepage. The user is required to reimburse Early Sounds Recordings for all costs regarding the legal defense including all court and counsellor costs, in particular, but not limited, in case of warnings.
12.4 – Disclosure
The services hereunder are offered by Early Sounds Srl, a company incorporated under the laws of Italy and with its place of business in Via G. Santacroce 2A, 80129 Napoli (NA), Italy. You can contact us by sending correspondence to the address above or by email at info(at)earlysoundsrecordings.com.