Effective Date: May 18, 2013
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful and you have lawful permission to represent artist. Company 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.
5 Important questions and answers about using lobamusic.com
1. Am I signing over the rights to my music? No. The only rights we ask for are the ones we need to run the site. For example, the right to host your music, and sell it on your behalf, display your artist photo and bio.
2. Are cover songs OK? What can I upload? You must own or control all rights to all music and photos you upload. That means covers are a big NO!!!, unless you have a written license or authorization from the artist to upload the cover to LOBA Music and grant us the rights in the terms as mentioned below.
3. Are there signup cost or listing fees? There are no signup costs, and no listing fees.
4. How much is each download? Each MP3 download is 1 credit. 1 credit costs one dollars.
5. How does an artist earn money and get paid? The artist earns money via a revenue sharing on sales: Artist receives 70% of sale price, before applicable sales taxes, if required, on each digital download. When an artist’s account reaches 100 credits, LOBA Music will make a $70 payment to the artist’s designated payee. Upon payment, the artist’s account is reduced by 100 credits.
Conduct and Rules of Usage
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:
1. 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;
2. You know is false, misleading, untruthful or inaccurate;
3. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, obscene, offensive, or profane;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
5. Exploits people in a sexual or violent manner;
6. 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
7. Impersonates any person or entity, including any employee or representative of Company.
Browsing and Registration
Fees and Payment - Purchaser
You may purchase products and/or services from a artist through the Site, including, without limitation, purchases of digital downloads (each such purchase is a “Transaction”). Company is not responsible for refunds for Transactions. You warrant that if you enter into a Transaction, you shall be able to make full and immediate payment for the requested products or services.
Fees and Payment - Artist
LOBA Music will set the prices for your products that are charged through Transactions (the “Prices”) through the Site. Notwithstanding the preceding sentence, LOBA Music may redistribute previously purchased copies of your products to users who have, in LOBA Music 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). Consequently, no additional payments shall be made to you for such redistributions.
Company shall be entitled to a share of the revenue you receive from Transactions (the “Revenue Share”), which shall be calculated on your gross revenue from Transactions in accordance with the rate schedule set forth at Pricing. You shall be solely responsible and liable for, and Company shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), credit card transaction fees, disputed payments and refunds. Payments received from users for Transactions shall be directed to you according to LOBA Music’s payment policy, provided that if there is an outstanding Revenue Share owed to Company, such payments may be directed to Company in accordance with Company’s standard policies. Company 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 Company, and to correct any inaccurate listing or technical problems on the Site.
License and Content
You agree that the Service contains Content specifically provided by Company 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. Company grants each user of the Site and/or Service a worldwide, non-exclusive, 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 Company, 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 – Artist Content Upload
The Service provides Artist with the ability to upload the Artist’s sound recordings and photo to the Site. 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 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 derivate works of, communicate to the public 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 or its authorized sublicensees and distributors, and publicly perform, transmit, 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 Artwork 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 (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.
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
The Service provides users with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data in 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 there from.
Termination of Access
Integration and Severability
Company has no fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains 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 Company 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. Company makes no representations concerning any Content contained in or accessed through the Site, and Company 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. Company, 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. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Electronic Communications Privacy Act Notice (18USC 2701-2711): Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Company 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 Company’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 Company, 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 (in the aggregate) 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 Company is not the buyer or seller in any Transaction, if a dispute arises between one or more participants in a Transaction, you release Company (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, 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 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 Company. Because Company is not the buyer or seller in any actual Transaction between bands and listeners/purchasers and is not the agent of either for any purpose, Company 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 Transaction.
LOBA Music LLC
5320 Gorman Road
Beaumont, Texas 77705
Basic LOBA Music service
There are no signup costs, and no listing fees.
Purchase of MP3 download
Each MP3 download is 1 credit. 1 credit costs one dollar.
Purchase of credits
User can buy credits in $10, $20, $60, and $100 increments.
The artist earns money via a revenue sharing on sales:
70% of sale price, before applicable sales taxes, if required, on each digital download.
How does an artist get paid, and how
When an artist’s account reaches 100 credits, LOBA Music, LLC will make a $70 payment to the artist’s designated payee. Upon payment, the artist’s account is reduced by 100 credits.
What Personal Information Does LOBA Music Collect?
The information we gather from customers enables us to personalize and improve our services and to allow our users to set up a user account and profile that can be used to interact with other users through the Website. In connection with the Website, we request and display some personal information to other users and visitors of Website, which allows users to identify each other. We collect the following types of information from our customers.
We receive and store any information you enter on our Website or provide to us in any other way. The types of Personal Information collected may include your name, user name, password, email address, photograph or other likeness, purchase history, IP address, browser information and any other information you provide in connection with your user account. The Personal Information you provide is used for such purposes as allowing you to interact with other users, improving the content of the Website, customizing the advertising and content you see, and communicating with you about specials and new features.
We may receive a confirmation when you open an email from LOBA Music if your computer supports this type of program. LOBA Music uses this confirmation to help us make emails more interesting and helpful and improve our service. If you do not want to receive email or other mail from us, please send your request to firstname.lastname@example.org.
Is Personal Information About Me Secure?
Your LOBA Music account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account. LOBA Music endeavors to protect user information to ensure that user account information is kept private, however, LOBA Music cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. The Website may contain links to other sites. LOBA Music is not responsible for the privacy policies and/or practices on other sites.
What Personal Information Can I Access?
LOBA Music allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list will change as our Website changes.
What Choices Do I Have?
Questions or Concerns
If you have any questions or concerns regarding privacy at LOBA Music site, please send us a message to email@example.com. We will make every effort to resolve your concerns.
Authority Uploading Rights
By uploading any Music or Artwork to the Site: