Tony Brands Policy
Effective Date: ____________
I. WEBSITE USAGE
We are providing customers with a user-friendly, affordable platform allowing artists to build their brand using our digital service through content creation; digital licensing; video submission; and assistance with copyright disputes. Users can visit and access our website for any legal or lawful purpose at any time. In order to protect our intellectual property and our customers, users and visitors are prohibited from:
- Downloading, copying, or transmitting any of our website content without our permission;
- Using data mining or extraction software, or bots;
- Manipulating or using framing or other navigational technology;
- Registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe
any person; user; company; or anyone else for our products or services unless you have per-mission;
• Using our website or its content for any other purpose other than which it was intended: marketing and email campaigns;
• Harassing; stalking; bullying; or threatening behavior towards our Company, it’s owners, employees, agents, customers or users;
• Engaging in any behavior that might violate our rights, such as our intellectual property rights; or that of our customers;
• Impeding or interfering with our website; its’ security; or our server.
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Users and customers are granted a limited, world-wide, non-assignable and non-transferable royalty-free license to access, use, and display our website, social media sites, and their con- tent solely for their personal use. You understand and agree that users, visitors, and customers are not entitled to royalties at any time for the access and use of our platform’s content for personal use. In addition, your access or use of our Company’s website does not grant the user any ownership rights in our intellectual property, our websites, or social media sites.
We reserve the right to cancel or terminate your license to access, use, or display our content and intellectual property at any time with or without notice to you.
All users and paid members who use our services understand and agree that this Agreement as well as our other policies and programs are binding agreements between Tony Brands, LLC and the customer or user (i.e. artist, musician, performer). The following terms and conditions apply for our Services:
(A) Creator Coverage
“Creator Coverage” is a Free service for content creators using our platform to help them avoid copyright challenges. This Free service is funded by artist and content creator members through donations on our website. Creator Coverage is a service and not a legal entity to assist content creators in order to avoid copyright infringement claims.
Donations to the Content Creator Coverage Service are used for maintaining the service and program operations in order to continue to provide Free service for users. Tony Brands, LLC, retains the right to use the funds in any manner that it sees fit to benefit the service and its users.
(B) Digital Licensing.
Digital Licensing is a Free service for artists; musicians; and content creators in order to license their brand or professional work for use by individuals; the news media; bloggers; or entertainment companies.
(1) License. Artists, musicians, and content creators understand and grant Tony Brands, LLC, an unlimited and unrestricted world-wide license to use their content and/or work for the purpose of promoting and building their brand. For using this service, customers agree to compensate Tony Brands, LLC, as follows:
• 40% Gross profit from licenses • 40% of all Royalties
(2) Distribution. The customer will retain 60% of all profits and royalties. Payment shall be made via PayPal; ACH to the customer’s bank account; or as otherwise agreed by the parties; within (30) days of receipt of licensing fees or royalties from the end user.
Artists and users who access and use Digital Live Event services warrant to fulfill their duties and obligations when providing a live streaming performance through our platform or use of our Service.
(2) License. Users, musicians, and performers who access and use Digital Live Event grant Tony Brands, LLC, an unlimited and unrestricted global license for the purpose of hosting the event and promoting the artist or musician for all events.
(3) Unforeseen events. In the event the musician or performer experiences an unforeseen or force majeure event and is unable to perform, they must notify our Company immediately upon learning or discovering the event. Our Company will take steps necessary to manage the force majeure event including but not limited to posting notices on our platform and websites. We re- serve the right to issue refunds to any and all ticket purchasers for Digital Live Events.
(4) Refunds. Refunds are issued on a case-by-case basis. In the event a live performance is cancelled; there is a force majeure event; or if the platform or internet experiences technical outages preventing broadcast for more than 30 minutes, a full refund will be issued to the pur- chaser. In addition, if a performance must be rescheduled due to no fault of Tony Brands, LLC or the performer, then our Company will issue a full refund. Proof of purchase is required for all refunds.
(5) Reservation of Rights. Our Company reserves the right for issuing refunds at all times. We may change our refund policy at any time with or without notice to you.
(D) Video Submission.
(1) Users. Video Submission is a subscription-based service which allows users to submit videos in order to build their brand. The user or member accessing or using the Service acknowledges that video submissions will be used to license their video through Content Creator; for use by the news media; entertainment companies; or third parties; through our platform, store, or website, in exchange for monetary compensation.
(2) Warranty. Users and members warrant that the content submitted does not violate any copyright or intellectual property rights; nor infringes upon third-party copyrights. All content must be original to the owner or user.
(3) License. Users, musicians, and performers who access and use our platform or Video Submission Service grant Tony Brands, LLC, an unlimited and unrestricted global license for the purpose of hosting their video; promoting their brand; or promoting the Tony Brands, LLC brand.
(4) Royalties. Our Company and our users/members are entitled to Royalties and compensa- tion for promoting videos and other digital media that is uploaded or transmitted to or through our platform or website related to the Video Submission Service.
(5) Compensation. For using this service, customers agree to compensate Tony Brands, LLC, as follows:
• 40% Gross profit from licenses • 40% of all Royalties
The customer will retain 60% of all profits and royalties. Payment shall be made via PayPal; ACH to the customer’s bank account; or as otherwise agreed by the parties; within (30) days of receipt of licensing fees or royalties from the end user.
IV. CUSTOMER SUPPORT
Our Company provides support services on a first come-first served basis. Customers are en- couraged to send our Customer Service Department an email containing: their name; account number; date; and a description of their challenge or problem. One of our qualified Customer Service Representatives will contact you within 24-48 hours.
You may message our Customer Service Department at: ________________________________.
V. RULES AND CONDUCT
Please Note: We have a Zero Tolerance Policy for: Spam; harassment; bullying; discrimination; human-trafficking; obscenities; pornography; bigotry; copyright infringement; and theft.
Users, visitors, and customers must not use our website or platform for any improper, illegal, or prohibited purpose. In addition, user warrant not to use our website in any way that could affect its’ availability or use; or in connection with any unlawful activity.
VI. INTELLECTUAL PROPERTY
Users, visitors, and customers understand and agree that all creative assets including but not limited to our brand name; logo; slogan; icons; websites and content; social media sites and content; as well as products and services are registered to and owned by Tony Brands, LLC. All of our Intellectual Property is protected by both U.S. Trademark and Copyright Laws as well as International Copyright Laws and the Berne Convention.
VII. DMCA POLICY
1. Claims. Send a written claim to our Copyright Agent via their email address at: ______________________________. In the email you must provide the following information:
a). Identify the property or work that has allegedly been infringed;
b). Provide the location of the property, or content you believe has been allegedly infringed;
c). State the name(s) or identity as well as contact information of the person(s) you believe have allegedly infringed upon a copyright; and
d). Provide a signed statement under penalty of perjury, stating you did not grant the alleged violator permission to use the copyrighted material;
2. Authorization. If you are not the owner of the work or material, then you will also need to provide us with a signed statement that says you are authorized to represent the original owner of the copyrighted material, along with the original owner’s contact information.
3. Investigation. As soon as our Copyright Agent receives your signed claim, our Company will immediately:
a). Freeze the alleged violator’s account;
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b). Conduct a thorough investigation;
c). Verify information;
d). Notify the violator of your claim; and
e). Send you a prompt response about our investigation.
4. False Claims. If we find that the alleged violator has not committed a copyright infringement, we will immediately release any disputed material back to its’ owner and unfreeze their account. If we discover that you have filed a false copyright infringement claim, then you agree to be personally and financially liable for all costs or damages we incur as a result of the investigation, including but not limited to attorney’s fees, legal fees, and expenses.
We reserve the right to remove a claim to Arbitration with the American Arbitration Association, or Federal District Court in the State of North Carolina.
(B) Customer. The customer may close or terminate their account at any time by sending our Customer Service Department Notice as provided herein. You understand and agree that when you request your account to be closed on our platform or subsidiary account, you will no longer have access or be able to use any of the services provided through our websites or platform. We may retain some customer information within our database for a period up to sixty days during which time our servers populate your information.
Customers, users, and visitors agree to defend, indemnify, and hold harmless our Company, it’s owners; directors; employees; and agents; from all third-party claims or losses, costs, actions, damages, expenses, or liabilities, that arise from or relate to an individual using or accessing our website; platform; content; or services. This also applies to unforeseen third-party claims. You understand and agree that you are using and accessing our website, platform, and social media sites “as is” and at your own risk.
X. LIMITATION OF LIABILITY
Customers understand and agree that they assume all responsibility and risk for accessing and using our: website; social media sites; platform; content; and/or services. Our company, its’ owners; employees; or agents will not be liable for any: incidental; indirect; direct; punitive; ex-exemplary; or consequential damages. The term “Damages” may include and is not limited to: loss of Profits; interruption of service; injuries; loss of business/personal information; other loss, claims, or damages.
You understand and agree that when using our platform or sites, you may experience or be ex- posed to content that may be considered as offensive, inappropriate or contain inaccurate information by other viewers or users. You acknowledge and agree to hold our Company as well as our owners; employees; affiliates; and agents; harmless from any damages, loss, or (negative) experience as a result of accessing or using our platform or social media sites. Users, visitors, and customers acknowledge and agree that they are accessing and using our platform and websites (including but not limited to social media sites), “as is” and at their own risk.
XI. FORCE MAJEURE
Force Majeure means “any event” that might occur that is “beyond our control”, or that of our User or Customer. Neither our Company nor our customer shall be responsible for any failure to perform if it involves: vandalism, fire, flood, strike, labor unrest, riot, act of civil or military authority, accident, acts or omissions of carriers, or Act of God, or other event beyond their control. When we become aware of any force majeure event, it will be posted on our website, or sent via email for our customers as notification. Any changes in our service, or resumption in our service will be posted on our Company’s website.
2. Notice. The disputing party shall send the non-disputing party a thirty (30) day Notice of Intent prior to filing an Arbitration claim, giving the parties the ability to resolve the dispute before Arbitration. Notices shall be served as provided herein. Upon filing of the complaint, Arbitration shall be conducted through the American Arbitration Association.
3. Prevailing Party. The final decision of the Arbitration Hearing Officer shall be binding upon the parties, and the prevailing party shall be entitled to reimbursement of any costs and fees, including but not limited to attorney’s fees.
4. Jurisdiction. Any other claims regarding our intellectual property; copyrights; or trademarks; shall be governed and filed in the Courts in North Carolina including but not limited to Federal District Court.
Our Company may update this Policy from time to time by publishing a new version on our websites. When amendments are modified and uploaded, the effective date will be noted on our website. A visitor, user, or customer’s continued use of our website or social media site is their agreement and acknowledgement of those changes. Please Note: We do not knowingly solicit or collect information from minors at any time. Minors over the age of (16) must have written consent and permission from their parent or legal guardian prior to accessing or using our plat- form or website.
(A) Information Collected
Our company only collects personal data from users that is necessary for one or more of our legitimate business functions. This may include and is not limited to:
- · Legal name and address;
- · Phone Number;
- · Email address;
- · Login Information;
- · Data uploaded or transmitted through our website;
- · Payment information;
- · Data from Opt-In forms;
- · Information voluntarily supplied by the user; recipient; or customer; We may also process your personal data when required to do so by law. (B) Shared Information Our Company may share your personal information with a third-party or one of our affiliates. Personal information collected shall only be used for legitimate business functions. If any Personal Information is shared at any time, Notice will be disclosed on our website. “Third party” in- cludes and is not limited to: subsidiaries; affiliates; agents; payment processors; or government authorities as required by law.
(C) Promotional Emails
Customers, visitors, or users who contact us or have an account with our Company give us per- mission to send them email messages for promotions and sales. This might be a promotional email related to sales or special offers; messages from business partners; responses to requests for more information; or customer support email messages. Customers can opt out or stop receiving promotional emails by clicking the “unsubscribe” hyperlink in the email or send a message to Customer Support.
(E) Limited Liability
Users, visitors, and customers acknowledge and agree to hold our Company, their owners, officers, employees, and agents harmless from any errors or omissions contained in any: file; message; email; electronic message; or any communication where information was shared by a user, recipient, customer, or visitor, and that information was incorrect; in error; or otherwise modified without our knowledge, consent, or under our control.
Messages, emails, and other communications are not considered “private”, therefore data and information voluntarily supplied by a customer, recipient, or user is done so at their own risk. Our Company values our customers’ privacy but does not accept liability or responsibility for the transmission of data or information which is beyond our control.
Emails and electronic messages sent by our Company to a customer are considered confidential and sent to the intended recipient only. In the event a customer receives an email in error, we request that they notify us immediately to correct the error, and request the customer then delete the email or electronic message.
Any Notice that is required in this Agreement must be in writing and sent to parties as follows:
1. Notice can be delivered via: email; United States Postal Service; or overnight/special courier. Customers can opt out of email notifications by sending a written email to our Customer Service Department at: _________________.
2. All other Notices are to be sent to the last known address or email address for our Company or to the customer’s last known address/email address.
TONY BRANDS, LLC [ADDRESS]
The customer understands and agrees that this Agreement may not be assigned, sold, assigned, transferred, or modified, without the prior written consent of an authorized representative of our Company.
XVII. GENERAL PROVISIONS