Terms Of Use

Terms of Use

Thank-you for using our platform, which is owned and operated by Bumbl™, a Canadian Incorporated company (Company). The Platform, is a social music network designed to facilitate a relationship between users. The Company turns music discovery into a visual form of entertainment and provides a place to engage in social interaction with other users while you listen to music.

If you are a Fan you can follow others, listen to music, watch videos, leave comments, dialogue with other users who share a similar taste in music, contribute to the “What’s Buzzing” section and share playlists. Fans can also introduce their social following on Facebook and Twitter to the artists they follow on the platform. If you aren’t a social bee, you can always listen in isolation but music is so much more fun when you find new friends that share a similar taste.

If you’re an Artists, you can upload your music, album covers, pictures, videos, interact with your fans, post blogs, provide links to buy your merchandise and music, post concert dates and link all your social accounts to your profile. We designed the platform so an artist can watch their songs get streamed by their fans, in real time. Artists can also connect with their fans through comments or use our blast message feature to make announcements.

Before you start using the platform you must read and agree to the legal stuff. We know it is never fun, but it is necessary. Please make sure you review this document in its entirety before accessing the website. Our Terms of Use change periodically and it is your responsibility to check them.

Detailed Description of the Platform

Registered users have the capability of downloading, transmitting, distributing, receiving, playing, storing and organizing data namely, personal information, music files, video clips, multimedia files namely files containing a combination of text, music, digital images, animation and video clips, music files, still images namely digital images and photographs, moving pictures namely music videos comprising text, graphics and video content, image, audio, and audiovisual files.

bumbl™ provides tools to enable users to program and distribute audio and audiovisual content namely, music recordings, music albums, extended music singles, music and other multimedia content namely image files comprising digital images and photographs, on computers, consumer electronic devices and local and global computer networks via communications networks.

bumbl™ provides;

  • Telecommunications services, namely, electronic transmission of data, messages, graphics, images and information for facilitating social introductions, interactions, and networking;
  • Access to computer, electronic and online databases in the field of music, social introductions, interactions, and networking;
  • A “Hub” for sharing and transmission of information on topics relating to taste in music, social introductions, interactions, and networking;
  • Online communications links which transfer web site users to other local and global web pages relating to music sharing, social introductions, interactions, and networking;
  • online chat rooms and electronic bulletin boards for transmission of messages among users in the field of music, social introductions, interactions, and networking;
  • internet broadcasting services relating to music, social introductions, interactions, and networking;
  • Electronic transmission of digital photo files, videos, audiovisual content relating to social introductions, interactions, and networking via telecommunications networks, wireless communication networks and the internet;
  • transmission of messages among computer users with varied common interests to assist these groups in coordinating group meetings and activities relating to social introductions, interactions, and networking via a website on the Internet;
  • creating an online community for registered users to organize groups and events, participate in discussions, form virtual communities, and engage in social and community networking;
  • hosting online web facilities for others for organizing and conducting meetings, events and interactive discussions relating to social introductions, interactions, and networking via communication networks;
  • application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks for purposes of social introduction, interactions, and networking; providing temporary use of non-downloadable software and applications for social networking, creating a virtual community, and transmission of data,  messages, images, graphics, photographic images, video, audio and audiovisual content relating to social introductions, interactions, and networking;
  • customized web pages featuring user-defined or specified information including personal profiles, audio, video, photographic images, text, graphics and data relating to social introductions, interactions, and networking; providing a web site featuring technology that enables online users to create personal profiles featuring social networking information and to transfer and share such information among multiple websites to facilitate social introductions, interactions, and networking;
  • hosting an online website community for registered users to share information, photos, audio and video content for the purposes of social introduction, interaction, and networking;
  • the ability to create and maintain blogs relating social introductions, interactions, and networking for others; all of the aforesaid services relating to purposes of social introduction, music sharing, interactions, and networking;

We may, from time to time, release new tools and resources on the Website, or our App, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms and conditions that we may release for those specific services or features.

By Using This Website or our APP You Accept These Terms of Use

BY USING THE WEBSITE OR APP OWNED AND OPERATED BY BUMBL Inc., YOU SIGNIFY YOUR ASSENT TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU DO NOT HAVE ANY RIGHT TO USE THE SERVICES.

bumbl™ owns and operates the platform including all information, software, products and services available from this website are offered to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Bumbl Inc., reserves the right to make changes to these Terms of Use by posting the changed Terms of Use in this location. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. It is your responsibility to review the Terms of Use and ensure you agree with them.

In order to access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available.

You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. The company may, at its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time without notice or liability. Those who choose to access or use the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

If you are using or opening an account on behalf of a company, entity or organization (including, but not limited to, a recording label) (each an “Artist Entity”), then you represent and warrant that you: (i) are an authorized representative of that Artist Entity and any recording artists represented by such Artist Entity (a “Represented Artist”) with the authority to bind such Artist Entity or Represented Artist to these Terms of Use and (ii) agree to be bound by these Terms of Use on behalf of such Artist Entity and/or Represented Artist.

The Company reserves the right, at its sole discretion, to modify or replace any of the terms in these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. We are a beta site and while in the beta phase we will be testing and enhancing features periodically. The Company may from time to time impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Your continued use of the platform constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms of Use for the website or the APP.

Indemnification

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services or information available through this platform meet your specific requirements.

This platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this platform may give rise to a claim for damages and/or be a criminal offense.

From time to time this platform may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) tied here. bumbl™ reserves the right to make changes to these Terms of Use by posting the changed Terms of Use in this location.

Use the platform at your own risk. This platform is provided to you "as is," without warranty of any kind either express or implied. Neither Generic Website/APP nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the platform or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the platform on behalf of bumbl™. bumbl™ reserves the right to change or discontinue at any time any aspect or feature of the whoozl platform.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. The Service (including, without limitation, any Content (as defined below)) is provided only for your own personal, non-commercial use (except with respect to individual recording artists, collections of recording artists, Artist Entities or Represented Artists (each, an “Artist”) selling Music, Merchandise or other Content as authorized through the Service. You are responsible for all of your activity in connection with the Service. For purposes of these Terms of Use, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company on or through the Service.

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, right of publicity or other right 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 e-mail ("spamming");
  • involves commercial activities and/or sales without Company'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 Company or any third party; or
  • impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’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 Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Mail list, 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

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.

Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.

Personal Information

As a condition to using certain features of the Service (including, without limitation, making a purchase from a Company or an Artist, you may be required to provide certain personal information to Company or relevant Artists, such as your e-mail address, country of residence and zip/postal code ("Fan Information"). You acknowledge and agree that Company 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.

Registration

As a condition to using the Service, you may be required to register with bumbl™ through it’s service Whoozl and select a password and screen name (“User ID”). You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Site

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 bumbl™’s control, and you acknowledge that bumbl™ 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 bumbl™ or any association with its operators. You further acknowledge and agree that bumbl™ 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 bumbl™ 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

Intellectual Property Rights

The term “Royalty Free Music” does not mean free music. The Company has an obligation to obtain a license from the Performing Rights Organization “PRO” in the jurisdiction in which it streams music. The Company has an obligation to report a stream and pay fees to the PRO’s based on their revenue formulas.

The basic principle is any piece of music or sound recording has an author or a copyright holder who can do whatever they like with that music. Anyone else requires permission (in the form of a license).

It is the Artist’s responsibility to advise us once they are signed to a label or no longer own their music.

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 (“Sound Recordings”), videos synchronized with Sound Recordings and other audiovisual works (collectively, “Music Videos”), and the musical works embodied within Sound Recordings and Music Videos (“Musical Works” and, collectively with Sound Recordings and Music Videos, the Artist’s “Music”). Company will not have any ownership rights in any elements of an Artist’s Music, however, Company needs the following license to perform the Service. Each Artist uploading Music to the Service grants Company, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivate works of, communicate to the public, synchronize and otherwise exploit (collectively, “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 Company 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 (“Artworks”) 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 bumbl™ to Exploit your Music pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) 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 (hereinafter “Direct Licensed”); (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Music you upload to the Service and to the Artworks; (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Music and/or Artworks, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Music and/or Artworks) as contemplated by these Terms of Use, and (iv) you are authorized to grant all of the aforementioned rights to the Music and/or Artworks to Company and all users of the Service.

You represent and warrant that the use or other exploitation of your Music and/or Artworks by Company and its authorized sub-licensees 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 Canada (e.g., SOCAN) 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 Company 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 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.

Restrictions

You acknowledge bumbl™ 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 bumbl™ from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Site, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

Service Modification and Limitations

bumbl™ will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by the Company to minimize such disruption where it is within the Company’s reasonable control. You understand, agree, and accept that the Company has no obligation to maintain, support, upgrade, or update the website.

Security

bumbl™ is committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the platform. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information or uploaded data

Contact Information

Bumbl Inc. 9-75 First Street Suite#328 Orangeville Ontario Canada L9W5B6

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