Terms & Conditions
This document (the “Agreement”) is a legal contract between you and Brite Revolution, Inc. (“Brite” or “we” or “us”) that governs your use of Brite’s website(s) and online music services, generally available at www.briterevolution.com and other Brite-controlled, affiliated or partnered websites (hereinafter the “Service”).
The “Service” is a website that is free to join. If we make any changes to these terms and conditions that you do not wish to accept, your only remedy is to terminate your membership.
A “Track” is a sound recording available on the Service.
A “Stream” is defined as a Track that you play directly from and while you are logged on to the Service. You may not attempt (or encourage others) to capture, copy, or download a streamed Track.
The “Materials” are all digital content available on the Service other than Tracks or Streams.
A “ Download” is a Track that you may save to the hard drive of your personal computer and play back as many times as you want. You may make up to three (3) Downloads of a given Track while that Track is available.
Cancellation. To receive information on how to cancel your membership, please visit www.briterevolution.com/support, select the Help Request form and search by keyword “cancel” in the appropriate area.
Miscellaneous. You may also need to install certain third-party software. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to or use the Internet, and/or (b) to use the Tracks and/or the Materials. The Service, the Tracks and/or the Materials are only for your personal, non-commercial use and are non-transferable (except as otherwise expressly authorized by Brite). By using the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. Because the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files.
Brite may from time to time modify these terms and post a copy of the amended Agreement at http://www.briterevolution.com/terms/. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Service and/or cancel your membership. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the applicable box to enter into this Agreement on your behalf. Children under the age of 13 may not register for this Service, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including any legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Service.
To use the Service, you must register and provide certain information, including a member (user) name, a password and a valid email address (“Registration Data”). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate.
You agree that you will not allow others to use your member name, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Brite immediately of any unauthorized use of your password and/or account. Brite shall not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Brite, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
USE OF SERVICE, SOFTWARE, TRACKS AND MATERIALS
Software. All software made available by Brite on or through the Service, are protected by intellectual property laws and your use of them is governed by this Agreement as well as any applicable end-user license agreements.
Tracks and Materials. The Tracks and Materials are owned by Brite, its business partners, affiliates and/or licensors, as applicable, and are protected by copyright and other intellectual property laws. You agree not to use the Tracks and Materials in a way that would violate any laws and/or infringe the copyright(s) therein. You further agree that the content rights holders that license their musical or other content to Brite for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You understand that your use of the Tracks and Materials is subject to the Usage Rules discussed below. You may not authorize, encourage or allow any Tracks or Materials used or obtained by you to be reproduced, modified, displayed, publicly performed or displayed, broadcast, transferred, distributed or otherwise used by anyone else. You agree to advise Brite promptly of any such unauthorized use(s).
Usage Rules. Your access to and/or use of any Track(s) may be limited by the rules assigned to the Track(s) by Brite (“Usage Rules”) and described in this section. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or Tracks. Brite reserves the rights to modify the Usage Rules at any time.
Downloading and Risk of Loss. In all cases, you bear all risk of loss for any products that you have downloaded, including any loss due to a computer or hard drive crash. Technical problems might delay or prevent delivery of purchased products to you. If you are unable to complete a download please visit our online help resources at www.briterevolution.com/support.
U.S. Export Controls. Software available in connection with the Service is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws.
Loss of Rights by Brite. Brite may at any time lose the right to make certain Tracks and/or Materials available. In such event, you will no longer be able to obtain these Tracks.
Customer Support. Please direct any questions concerning the Service, billing and/or Usage Rules to a Brite customer service representative by visiting www.briterevolution.com/support and using the Help Request form.
Monitoring Public Areas. The Service may have features, presently or in the future, that allow you to exchange messages with other members (via “Public Areas”). Brite may, but is not obliged to, restrict your use of any Public Areas, monitor any activity or edit or remove content in Public Areas, or restrict access by other members to your messages. Brite takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other member posts to or views in a Public Area or makes available via a “Public Profile.” You agree to indemnify and hold harmless Brite, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, from and against all claims resulting from content, messages, materials and the like that you post to any Public Area.
Restrictions. You may not use the Service, including any Public Areas, to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or content. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Brite may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If Brite’s use of such content exploits any proprietary rights you may have in such material, you agree that Brite has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right do so. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.
All rights not expressly granted to you in this Agreement are reserved to Brite and/or its licensors.
YOUR USE OF BRITE WEBSITES AND WEB-BASED ELEMENTS OF THE SERVICE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any Brite websites, the Service or any Tracks or Materials or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Brite reserves the right to bar any such activity, including via software and other electronic means.
You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Brite server, or to any of the services offered on or through any Brite websites, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of any Brite websites and/or the Service or any connected network, nor breach any of Brite’s security or authentication measures. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to any Brite website or the Service, or exploit the Service or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any third party information. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Brite’s websites, Service or other systems. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service.
General. As noted above, the Service, the Tracks and the Materials contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by this Agreement, certain end-user license agreements, and applicable law.
Notices. Brite respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service, Tracks and/or Materials constitutes copyright infringement, please send a notice to Brite Customer Support by visiting www.briterevolution.com/support and using the Help Request form. The notice should contain all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PATENT AND TRADEMARK
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Brite and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If Brite receives a notice alleging that you have engaged in behavior that infringes Brite’s or other’s intellectual property rights or reasonably suspects the same, Brite may suspend or terminate your account without notice to you. If Brite suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you.
PROMOTIONS AND ADVERTISING
Brite and/or its business partners may present advertisements or promotional materials on or through the Service and on any Brite Websites and/or social media sites. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Service or any Brite website are solely between you and such third-party. You agree that Brite shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service or any Brite website or online property.
LINKS TO THIRD-PARTY SITES
The Service and any Brite website may present links to third-party websites not owned or operated by Brite. Brite is not responsible for the availability of these sites or their contents. You agree that Brite is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.
MODIFICATIONS TO SERVICE
Brite reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
You agree that any unauthorized use of any Brite website, the Service, the Tracks, the Materials or any related software or materials would result in irreparable injury to Brite and/or its affiliates or licensors for which money damages would be inadequate, and in such event Brite, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Brite, its affiliates and/or licensors may have under separate legal authority.
You agree to indemnify and hold harmless Brite and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys’ fees and court costs) arising from or concerning your breach of this Agreement and your use of any Brite website, the Service, the Tracks or the Materials and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
Brite may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or Brite reasonably suspects that you have breached) any provision of this Agreement. If Brite terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you.
You understand and agree that your cancellation of your account and Service membership is your sole right and remedy with respect to any dispute with Brite.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with Brite with respect to your use of the Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of us to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The laws of the State of Tennessee, excluding its conflicts of law rules, govern this Agreement and your use of the Service, the Tracks and the Materials. You expressly agree that the courts in the State of Tennessee, Davidson County, have exclusive jurisdiction over any claim or dispute with Brite or relating in any way to your account or your use of any Brite website, the Service, the Tracks and the Materials. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts in Davidson County in connection with any such dispute including any claim involving Brite or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.
You understand and agree that your use of any Brite website, the Service, Tracks, and the Materials is at your own sole risk.
THE BRITE WEBSITE(S), SERVICE, TRACKS AND MATERIALS (THE “PRODUCTS”) ARE PROVIDED “AS IS” AND WITHOUT WARRANTY BY BRITE OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE “BRITE ENTITIES”), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE BRITE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE BRITE ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY BRITE ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE BRITE ENTITIES.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS.
UNDER NO CIRCUMSTANCES SHALL ANY BRITE ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY BRITE WEBSITE, THE SERVICE, TRACKS AND/OR MATERIALS.
UNDER NO CIRCUMSTANCES SHALL ANY BRITE ENTITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF THE BRITE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE BRITE ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10.