So, there’s a bunch of stuff that our lawyers make us tell you about how you should and shouldn’t use Brite. And honestly, it’s pretty boring. But by using Brite, you’re agreeing to be bound by this agreement, and we think it’s important that you know what you’re agreeing to.
We’re all about keeping it real, and keeping it real simple. So if this is something that you’re going to “come back and read later” – at least stick with us through the next two points. This document is always available at www.briterevolution.com/terms/ and we will always let you know if we make changes to it.
We do not take any ownership of your materials.
By creating a Brite profile, you’re giving us permission to host your music and allow our users to download it. We also may feature it on our other online properties, such as Facebook, Twitter or our Blog. We may include it in a weekly sampler that we send to our subscribers. But, at any point if you do not want us to do these things, you can let us know, and we’ll stop. You may also remove your materials from Brite at any time.
By uploading materials, you are taking full responsibility for them.
You must own or control all rights to everything you upload. If you’re going to upload cover songs, you need to make sure you have the appropriate licenses. PLEASE do not upload anything unless you have obtained all permissions and authorizations in writing! NOTE!!! If you are an artist and are uploading music that you have written with another artist, you need to make sure that they have given you the green light.
And now onto the fun stuff! (And by fun, we mean about as fun as a root canal.)
Brite Revolution, LLC (“Brite” or “we” or “us”) is a free music download website. Brite.me, briterevolution.com (the "Website" or the “Websites”) offers artists the opportunity to promote their music and fans the opportunity to download free music on the Website as well as on other online properties designated by us (the “Services").
THE WEBSITE AND THE SERVICES ARE OFFERRED TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE "TERMS"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES. BY ACCESSING OR USING THE WEBSITE AND/OR THE SERVICES, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND ANY POLICIES THAT MAY BE INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT USE THE WEBSITE OR THE SERVICES.
Brite reserves the right to change or modify any of the terms and conditions contained in the Terms, or any policy of the Website, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Website, and your continued use of the Website or the Services will constitute your acceptance of such changes or modifications. You should review the Terms and its incorporated policies from time to time to understand the terms and conditions that apply to your use of the Website and the Services. If you do not agree to any amended terms, do not use the Website or the Services.
Brite, the Brite logo and all other product or service names or slogans or artwork displayed on the Website are registered and/or common law trademarks of Brite and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Brite or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Brite and may not be copied, imitated or used, in whole or in part, without the prior written permission of Brite. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, record label, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Brite.
Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained herein, including, without limitation, the Brite logo and all designs, text, photos, graphics, pictures, artwork, information, data, code, software, music, sound files, other files, and materials ("Content") and the selection and arrangement thereof (collectively, the "Website Content") are the proprietary property of Brite or its licensors or suppliers and are protected by U.S. and international copyright laws. The Website and all Website Content is © 2009 - 2011 Brite Revolution, Inc. All Rights Reserved.
Subject to the terms, conditions and restrictions set forth in these Terms, Brite grants you a limited, non-exclusive, personal, non-transferrable and revocable license to access and use the Website and to view, copy, and print portions of the Website Content (the "License"). The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Website Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Website or the Website Content, or any portion thereof; (iii) any displays or printouts of Website Content must be marked © 2008 - 2011, Brite and its licensor. All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Website or the Website Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Website or any Website Content, except as provided herein. Except as expressly permitted above, any use of any portion of the Website or Website Content without the prior written permission of Brite is strictly prohibited and will terminate the License. Your unauthorized use of the Website or Website Content may violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly stated in these Terms, you are not conveyed or granted, and nothing on the Website may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of Brite or any third party. You represent and warrant that your use of the Website and the Website Content will be consistent with the License and will not infringe, misappropriate or violate the rights of Brite or any other party or breach any contract or legal duty to Brite or any other party, or violate any law. You expressly agree to indemnify Brite against any liability to any person arising out of your use of the Website or Website Content.
If you believe that material posted on the Website infringes upon any copyright that you own or control, or that any link on the Website directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement as set forth below:
Any notification must be sent to firstname.lastname@example.org and must include the following information:
1. Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed.
2. Identification of the material that you claim is infringing and where it is located on the Website.
3. Your street or mailing address, telephone number and email address.
4. A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner's behalf.
6. Electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner's behalf.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Brite has adopted a policy of terminating, in appropriate circumstances and at Brite's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Brite may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
All rights not expressly granted to you in this Agreement are reserved to Brite and/or its licensors.
You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Brite, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Brite.
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
You are granted a limited, non-exclusive, personal, non-sublicensable and revocable right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray Brite or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
You may not use a Brite logo or other proprietary graphic of Brite to link to the Website without the express written permission of Brite. Further, you may not use, frame or utilize framing techniques to enclose any Brite trademark, logo or other proprietary information, including the images found at the Website, the content of any text, or the layout or design of any page or form contained on a page on the Website without Brite's express written consent.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas?The Website or other web sites on which you may upload or access the Website Services may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of music or other content, messages, materials or items related to the Website and Website Content (collectively "Interactive Areas"). If you participate in any Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, foreign, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any applicable rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or NASDAQ; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers and the like; viruses, corrupted data or other harmful, disruptive or destructive files; Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content that is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose Brite or its affiliates or its users to any harm or liability of any type..
Brite takes no responsibility and assumes no liability for any materials posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Brite liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Brite is not liable for any statements, representations or materials provided by its users in any public forum, personal home page or any Interactive Areas. Although Brite does not screen, edit or monitor any of the materials posted to or distributed through any of the Website Services or on any of the Interactive Areas, Brite reserves the right to remove, without notice, any materials posted or stored in the Website or in Interactive Areas if it violates these Terms or is otherwise unlawful or illegal.
Any use of the Website Services or Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Website and Website Services, including on Interactive Areas.
Modifications to The Services
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 explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of the State of Tennessee, without regard to its conflicts of law principles. You agree that all claims you may have against Brite arising from or relating to the Website, including without limitation the Website Content or the Services, will be heard and resolved in a court of competent subject matter jurisdiction located in Davidson County, Tennessee. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Website from locations other than Davidson County, Tennessee, you will be responsible for compliance with all local laws of such other jurisdiction.
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.
Notwithstanding any provision of these Terms, Brite reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Website, Website Content, Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Website, Website Content or Services; (c) change, suspend or discontinue any aspect of the Website, Website Content or Services; and (d) impose limits on the Website, Website Content or Services.
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.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BRITE, THE WEBSITE, THE MATERIALS CONTAINED THEREIN AND THE WEBSITE CONTENT AND WEBSITE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BRITE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE, WEBSITE CONTENT, THE SERVICES, AND ANY MATERIALS ON THE WEBSITE. BRITE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, WEBSITE CONTENT, SERVICES OR MATERIALS IN THE WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE WEBSITE, THE WEBSITE SERVICES OR THE WEBSITE CONTENT OR ANY PORTION THEREOF.
DISCLAIMERBRITE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY, SOUND RECORDINGS, ARTWORK, OR ANY OTHER MATERIALS ON THE WEBSITE OR INTERACTIVE AREAS. WHILE BRITE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE, THE WEBSITE CONTENT, AND THE SERVICES SAFE, BRITE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST BRITE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE, WEBSITE CONTENT, THE SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF WEBSITE CONTENT, OR ALLEGATIONS THAT BRITE HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE WEBSITE. YOU USE THE WEBSITE, THE WEBSITE CONTENT, AND THE SERVICES AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES SHALL ANY BRITE ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY BRITE WEBSITE, THE SERVICE, TRACKS AND/OR MATERIALS.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER BRITE NOR ANY PARTIES PROVIDING WEBSITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE WEBSITE CONTENT OR THE SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM BRITE OR ACCESSIBLE VIA THE WEBSITE OR SERVICES, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BRITE'S WEBSITE, WEBSITE CONTENT, SERVICES, OR ANY OTHER PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BRITE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BRITE FOR ACCESS TO OR USE OF THE WEBSITE, THE WEBSITE CONTENT OR THE SERVICES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.