EDMT Terms of Service
*Should you have any problems with the Agreement, or any changes to the agreement in the future, your ONLY OPTION in opting out of the agreement is to DISCONTINUE SERVICES. Voicing complaints with Site management while continuing to use the Site DOES NOT constitute freedom from these terms.
What is EDMT?
EDMT is a website catered to professional musicians and artists through our promotional platform and various services. Our digital record pool will deliver content regarding artists and labels through our website worldwide primarily to authorized music industry and non-broadcast/non-resale professionals and promotors for promotional use only.
Who can use EDMT?
EDMT Free Services are available to anyone over the age of 13, in observance of and compliance with the Children's Online Privacy Protection Act. Those under the age of 13 ARE NOT allowed to use services under any circumstances. The Sites Pay services are available to anyone over the age of 18.
If you are using the Site on behalf of an entity other than your individual use, such as for a company or organization, you affirm that you have the authority to accept this Agreement on behalf of your company or organization and all references herein to 'you' or 'your' will refer not only to yourself but also to the company or organization. Additionally, accounts for business, organizations or government entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. You affirm that you are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
We don't own your Content, we just host it
For the purposes of these terms and conditions, anything that is ORIGINALLY CREATED and uploaded and posted to the site, including but not limited to:
is the property or content of the User and therefore all ownership rights are retained by the user. By choosing to post UNORIGINAL CONTENT, you are acknowledging that you have EXPLICIT PERMISSION from the creator to redistribute the content and thus are responsible for its future distribution. By agreeing to host the content, the Site is in no way claiming ownership of any content. However, despite not having ownership of the material, by posting it to the Site, the User agrees that the Site has a worldwide, non-exclusive, royalty-free, sub-licensable and transferable limited license to use, reproduce, distribute, prepare derivative works of, or display Content in connection with the Site.
As a User of the Site and owner of the content, it is the User's responsibility to:
- Control the Content through your account and associated cookies
- Back up their content and pay any costs associated with such action
- Maintain sole responsibility over the content and use of the Site
- Accept all risks and responsibilities associated with granting others access to your Content
As a User of the Site and owner of the content, it is the User's responsibility NOT TO:
- Alter or attempt to alter the Site or Agreement
- Use the Site for any illegal purposes
- Use any robot, spider, offline readers, site search and/or retrieval application, or other device to retrieve or index any portion of the Site, with the exception of public search engines
- Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature, except when transmitting to a knowing recipient while conducting security research
- Distribute any Content that includes code hidden or otherwise contained within the Content which is unrelated to the Content
- Reformat or frame any portion of any web page that is part of the Services without the express permission of the Site
- Collect or harvest any personal identifiable information or account names or solicit users
- Impersonate another person, whether real or fictional
- Permit any third parties to use your name and password
- Violate or attempt to violate the Site's systems or interfere with the normal use of the Site by users
- Resale the Site's products and services
- Post advertisements, promotions or solicitations of business
- Transmit any form of solicitation or spam
- Distribute any Content that falsely implies sponsorship of the Content by the Site falsify or delete any author attribution in any Content, or promote any information that you know is false or misleading
- Distribute an illegal or unauthorized copy of another person's trademarked or copyrighted work
- Distribute Content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity
- Distribute Content that violates the rights of others, such as distributing Content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user to the content of a third party without consent of the third party
- Defame or libel any person; invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person
- Export or re-export Content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions
- Distribute any links to any external Internet sites that are obscene or pornographic, or distribute pornographic or sexually explicit material of any kind
In addition to the general restrictions above Users will comply with United States laws regarding transmission of data. Users will be exposed to a variety of Content and by agreeing to use the Site they acknowledge and waive all legal and equitable rights they might have against the Site in regards to "Offensive Material" and all possible Content that could be interpreted as such. Use of the Site is at your own risk and by using the Site you acknowledge this fact and waive all claims against the Site and a possible counterparty.
Keeping you Safe
It is fully up to Users to take the necessary steps to protect their passwords and thus their accounts. Should a User choose to post personal information on their public profile, such as name or email, then the protection of that information is voided per the User's own actions and they assume the risks and sole liability as a result of displaying that information. Such information may be retained by the Site or third parties who are active on the Site. Should Users choose to communicate with others and share files and information, the User accepts the responsibility and risks with disseminating such content and information. Any content uploaded by the User to the Site becomes published content and is no longer protected as personal information. Although the Site will not be liable for any losses you might suffer, you may be liable for the losses of the Site or others.
By hosting content, the Site is in no way endorsing any materials. The Site makes no statements about any Contents accuracy, originality, legality, etc. Content is owned in full by the User and they retain all risks and responsibilities associated with ownership.
While the Site often does maintain copies of Content posted to the Site, we are in no way obligated to do so or to maintain data records for the User. Users bear full responsibility and sole liability for any corrupted, lost or irrecoverable data. You understand and agree that the Site reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates the Agreement or is unacceptable and may terminate your access to the Site, without prior notice and at its sole discretion.
The Site reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of the Agreement shall survive any termination of your access to the Site.
Fees and Refunds
You acknowledge that EDMT reserves the right to charge for the service we provide and that the fees will or might change over time. If EDMT terminates your account because you have breached the agreement, you shall not be entitled to the refund of any unused portion of the subscription price. If you cancel your account before the renewal term, you shall not be entitled to the refund of any unused portion of the subscription price.
Users should be allowed to reasonably edit, re-mix, blend, mash-up, add intros/outros, compile and create derivative works of the Content and perform the Content online with proper credit given to the Content Providers and underlying performers, producers, songwriters. However, if you believe your copyrighted or trademarked works are being disseminated without your consent, please contact us immediately so we can resolve the issue.
We will be Ever Changing
Usage of the Site, and thus accepting the Agreement, is at YOUR OWN RISK. To the furthest extent that is permitted by law and this agreement, EDMT, its employees, officers, and agents DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SITE AND USE THEREOF.
As we will be every evolving, we make NO GUARENTEES that the Site will always operate in the ideal manner for all users. We are in no way guaranteeing a certain level of performance as a result of using the Site. All aspects of the Site and its services are distributed on an AS IS BASIS. We are making NO guarantees or claim about the suitability of our products for all users and as such you are using the Site AT YOUR OWN RISK.
As the control of Content is in the hands of our Users, the Site accepts NO RESPONSIBILITY for any viruses or contaminations that are encountered through the use of services contained within the Site. WE DO NOT ACCEPT RESPONSIBILITY FOR ANY DAMAGE THAT OCCURS TO THE USER'S CONTENT OR PHYSICAL PROPERTY AS A RESULT OF USING OUR SERVICES. BY USING THE SITE AND THEREFORE EXPLICITLY AGREEING TO THIS AGREEMENT, THE USER ACKNOWLEDGES THAT IT IS THEIR RESPONSIBILITY TO MAINTAIN THE ONLINE SAFETY. THE USER AGREES TO WAIVE ALL RIGHTS AGAINST, LEGAL AND OTHERWISE, EDMT AND ALL OF THOSE IN ASSOCIATION WITH IN REGARDS TO DAMAGE CLAIMS.
Limitation of Liability
NEITHER EDMT NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EDMT AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EDMT AND THE USER. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EDMT AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
As a site that is based within the United States, all information will be housed within the United States. As such, any Users based outside of the United States are agreeing to have their information transferred to the United States and subject themselves to all applicable laws and regulations.
You agree to indemnify, defend and hold EDMT and its affiliates, and both EDMT and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred by any EDMT Party in connection with any Content or use of the Site, whether via your password and by any other person, whether or not authorized by you. EDMT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with EDMT's defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.
Tying up the Loose Ends
This agreement, and any rights and regulations herein, are not transferable by the User but are applicable to everyone as assigned by the EDMT.
The Agreement shall be construed in accordance with the laws of the State of California, without reference to principles of choice of law. You and EDMT each irrevocably consent to the personal jurisdiction of the federal or state courts located in Los Angeles, California ("Courts") with respect to any action, suit or proceeding arising out of or related to the Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
No failure in delay in exercising or enforcing this policy shall constitute a waiver of the Agreement or any other right or remedy. If any provision of the Agreement is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Agreement shall remain in effect.
YOU AND EDMT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.