Terms of Use

 
 

1. Introduction

 
 

ProMusicDB is a membership organization that provides music professionals with a digital platform to capture, curate, and maintain accurate music credits, metadata, and digital artifacts.


1.1. Purpose

Our mission as a membership organization is to provide a technology platform for music professionals to centralize their music credits and digital archives online.


 
 

You are entering into a legal agreement and you agree to all of these terms.

You also agree to our Privacy Policy, which covers how we safeguard your personal information.


1.2. Agreement

You, the user, agree that by clicking “Sign Up” or similar, registering, accessing or using our services (including our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with ProMusicDB, a d/b/a of Key of Me Records, Inc. (a California S-Corporation) (“ProMusicDB” or “we”).


This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features, as may be amended by ProMusicDB from time to time. If you do not agree to this Agreement, do NOT click “Sign Up” (or similar) and do not access or otherwise use any of our Services. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.


 
 

2. Obligations

 
 

Some promises you are making to ProMusicDB under this Agreement are:


You are old enough and eligible.


2.1. Eligibility

To use the Services, you agree that:

  • you are the “Minimum Age” (defined below) or older;
  • you will only have one account, which must be in your real name; and
  • you are not already restricted by ProMusicDB from using the Services.

  • “Minimum Age” means:

  • 18 years old for the People's Republic of China,
  • 16 years old for the Netherlands,
  • 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and
  • 13 years old for all other countries.

  • However, if law requires that you must be older in order for ProMusicDB to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.


     
     

    You will safeguard your password and keep it private.


    You will respect the law and rules.


    2.2 Membership

    Your account is personal to you. You agree to:

  • Secure your password;
  • Keep your password confidential;
  • Select a strong and secure password;
  • Adhere to the law; and
  • Follow the below rules.

  • You are responsible for all actions taken using your account. If you suspect your account has been compromised or misused, you agree to report it immediately to [email protected].


     
     

    You will pay your bill.


    We can store your payment information.


    You acknowledge that taxes and fees may be added to our prices.


    We do not guarantee refunds.


    2.3 Payment

    If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your membership. Also:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
  • You authorize us to store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your service (e.g., membership) and to facilitate easy payment for new services.
  • You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable membership period.
  • Taxes are calculated based on the billing information that you provide us at the time of purchase.

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    We can contact you with important notices.


    This Agreement applies to any ProMusicDB user application including on mobile.


    If your contact information is not correct you may miss out on important notices.


    2.4. Notices and Service Messages

    You agree that we may provide notices to you in the following ways:

  • a banner notice on the Service, or
  • an email sent to an address you provided, or
  • through other means including mobile number, telephone, or mail.

  • You agree to keep your contact information up to date.


     
     

    When you share information, others can access that information.


    2.5. Messages and Sharing

    Our Services may allow for messaging and sharing of information in different ways. Information and content that you share or post may be seen by other Members or, if public, by Visitors.


    Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., changing the default setting for certain profile content from public to a more restricted view, limiting your profile visibility, or not letting people know when you change your profile, make recommendations or follow companies).


    We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.


     
     

    3. Rights and Limitations

     
     

    You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.


    We'll honor the choices you make about who gets to see your information and content.


    You promise to only provide information and content that you have the right to share, and that your ProMusicDB profile will be truthful.


    3.1. Your License to ProMusicDB

    As between you and ProMusicDB, you own the content and information that you submit or post to the Services and you are only granting ProMusicDB the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  • You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  • We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in the Privacy Policy.
  • We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
  • While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression unless it includes inappropriate or unlawful content, errors, and/or discrepancies that require correction.
  • Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

  • You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.


    By submitting suggestions or other feedback regarding our Services to ProMusicDB, you agree that ProMusicDB can use and share (but does not have to) such feedback for any purpose without compensation to you.


    You agree to only provide content or information that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful.


    ProMusicDB may be required by law to remove certain information or content in certain countries.


     
     

    We may change or discontinue any of our Services.


    We cannot promise to store or keep showing any information and content you've posted.


    3.2. Service Availability

    We may change, suspend or end any Service, or change and modify prices prospectively at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.


    ProMusicDB is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.


     
     

    When you see or use others' content and information posted on our Services, it's at your own risk.


    Third parties may offer their own products and services through ProMusicDB, and we aren't responsible for those third party activities.


    3.3. Other Content, Sites and apps

    By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. ProMusicDB generally does not review content provided by our Members. You agree that we are not responsible for third parties’ (including other Members’) content or information or for any damages as result of your use of or reliance on it.


    You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your ProMusicDB account, that app or site can access information on ProMusicDB related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, ProMusicDB is not responsible for these other sites and apps -- use these at your own risk.


     
     

    We have the right to limit how you connect and interact on our Services.


    We're providing you notice about our intellectual property rights.


    3.4. Limits

    ProMusicDB reserves the right to limit your use of the Services and the right to restrict, suspend, or terminate your account if ProMusicDB believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any of the Rules).


    ProMusicDB reserves all of its intellectual property rights in the Services. For example, ProMusicDB, ProMusicDB (stylized), and other ProMusicDB trademarks, service marks, graphics, and logos used in connection with ProMusicDB are trademarks or registered trademarks of ProMusicDB. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.


     
     

    4. Disclaimer and Limit of Liability

     
     

    Where possible, we disclaim legal liability for the quality, safety, or reliability of our Services.


    4.1. No Warranty

    TO THE EXTENT ALLOWED UNDER LAW, PROMUSICDB (AND THOSE THAT PROMUSICDB WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.


     
     

    There are limits of legal liability we may have to you.


    4.2. Exclusion of Liability

    TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PROMUSICDB HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), PROMUSICDB (AND THOSE THAT PROMUSICDB WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).


    IN NO EVENT SHALL THE LIABILITY OF PROMUSICDB (AND THOSE THAT PROMUSICDB WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.

    THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PROMUSICDB AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PROMUSICDB HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.


    SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.


     
     

    5. Termination

     
     

    You and we can end this Agreement anytime.


    ProMusicDB or you may terminate this Agreement at any time with notice to the other. On termination, you will become an emeritus member but may lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Our rights to keep a log of your account;
  • Our rights to archive your profile and provide member access to your archived profile;
  • Our, Members’ or Visitors’ rights to re-share content you submitted via the Services prior to termination to the extent that information was obtained prior to termination;
  • Sections 4, 6 and 7 of this Agreement; and
  • Any amounts owed by either party prior to termination remain owed after termination.

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    6. Dispute Resolution

     
     

    In the rare case a dispute arises, you agree to resolve in binding arbitration rather than court.


    Any controversy or claim arising out of use of any the Services or out of the User Agreement or breach thereof shall be resolved by means of binding arbitration before a single arbitrator in accordance with the then existing Commercial Arbitration Rules of the American Arbitration


    Association, including the Optional Rules for Emergency Measures of Protection. The arbitrator shall be a practicing attorney or retired judge with at least fifteen years total working experience as such. The arbitration shall be held in Los Angeles, California or any other place agreed upon at the time by the parties. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages.


    (b) A party may apply to the arbitrator seeking injunctive relief until an arbitration award is rendered or the dispute is otherwise resolved. A party also may, without waiving any other remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary


    to protect the rights or property of that party pending the arbitrator’s appointment or decision on the merits of the dispute. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator shall award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees and legal costs.


    (c) The arbitrator shall issue a reasoned award. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The arbitration proceedings and arbitrator’s award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.


    (d) The arbitrator shall require exchange by the parties of (i) the name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information, and (ii) non-privileged documents, including those in electronic form, that are relevant to the issues raised by any claim, defense or counterclaim or on which the producing party may rely in support of or in opposition to any claim, defense or counterclaim. The arbitrator shall limit such production based on considerations of unreasonable expense, duplication and undue burden. These exchanges shall occur no later than a specified date within 60 days following the appointment of the arbitrator. At the request of a party, the arbitrator may at his or her discretion order the deposition of witnesses. Depositions shall be limited to a maximum of three depositions per party, each of a maximum of four hours duration, unless the arbitrator otherwise determines.


     
     

    7. General Terms

     
     

    This is information about how to read the Agreement.


    If a court or arbitrator with authority over this Agreement finds any part of it not enforceable, you and us agree that the court or arbitrator should modify the terms to make that part enforceable while still achieving its intent. If the court or arbitrator cannot do that, you and us agree to ask the court or arbitrator to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.


    If we don't act to enforce a breach of this Agreement, that does not mean that ProMusicDB has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that ProMusicDB may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.


    We reserve the right to change the terms of this Agreement and will provide you notice using the contact information you have provided if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.


    You agree that the only way to provide us legal notice is at the addresses provided in Section 10.


     
     

    8. ProMusicDB Rules

     
     

    Things you agree to do.


    8.1. You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use the Services in a professional manner.

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    Things you agree you will not do.


    You agree that you will not:

  • Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
  • Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by ProMusicDB);
  • Use an image that is not your likeness for your profile;
  • Create a false identity on ProMusicDB;
  • Misrepresent your current or previous positions, qualifications, or musical credits;
  • Misrepresent your affiliations with a person or entity, past or present;
  • Misrepresent your identity, including but not limited to the use of inaccurate pseudonyms;
  • Create a Member profile for anyone other than yourself (a real person);
  • Use or attempt to use another's account;
  • Harass, abuse or harm another person;
  • Send spam or other unwelcomed communications to others;
  • Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
  • Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • Violate the intellectual property or other rights of ProMusicDB, including, without limitation, using the word “ProMusicDB” or our logos in any business name, email, or URL except as expressly authorized;
  • Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by ProMusicDB;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
  • Create profiles or provide content that promotes escort services or prostitution.
  • Create or operate a pyramid scheme, fraud or other similar practice;
  • Copy or use the information, content or data of others available on the Services (except as expressly authorized);
  • Copy or use the information, content or data on ProMusicDB in connection with a competitive service (as determined by ProMusicDB);
  • Copy, modify or create derivative works of ProMusicDB, the Services or any related technology (except as expressly authorized by ProMusicDB);
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
  • Imply or state that you are affiliated with or endorsed by ProMusicDB without our express consent (e.g., representing yourself as an accredited ProMusicDB consultant);
  • Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
  • Sell, sponsor, or otherwise monetize any feature of the Services, without ProMusicDB's consent;
  • Deep-link to our Services for any purpose other than to promote your profile on ProMusicDB, without ProMusicDB's consent;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
  • Remove, cover or obscure any advertisement included on the Services;
  • Collect, use, copy, or transfer any information obtained from ProMusicDB without the consent of ProMusicDB;
  • Share or disclose information of others without their express consent;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
  • Use bots or other automated methods to access the Services, download profiles, or send or redirect messages;
  • Monitor the Services' availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Access the Services except through the interfaces expressly provided by ProMusicDB, such as on ProMusicDB.org;
  • Override any security feature of the Services; and/or
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

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    9. Complaints Regarding Content

     
     

    We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.


     
     

    10. How To Contact Us

     
     

    If you want to send us notices or service of process, please contact us:

    By email at [email protected],

    OR BY MAIL at:


     


     

    ProMusicDB

    Attn: Legal

    5627 Kanan Rd. #115, Agoura Hills, CA 91301

    USA


     
     

    Privacy Policy

     
     

    Last revised on September 21, 2016

     
     

    Your Privacy Matters

     
     

    At ProMusicDB, safeguarding and allowing you control over your personal information is of the utmost importance to us. This privacy policy has been carefully crafted to be as transparent as possible so you understand precisely how your personal information will be and not be used.


     
     

    1. Introduction

     
     

    ProMusicDB is a membership organization that provides music professionals with a digital platform to capture, curate, and maintain accurate music credits, metadata, and digital artifacts.


    1.1. Purpose

    Our mission as a membership organization is to provide a technology platform for music professionals to centralize their music credits and digital archives online.


     
     

    You are entering into a legal agreement and you agree to all of these terms.


    You also agree to our Terms of Use.


    1.2. Agreement

    You, the user, agree that by clicking “Sign Up” or similar, registering, accessing or using our services (including our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with ProMusicDB, Inc. (“ProMusicDB” or “we”).


    This “Agreement” includes this Privacy Policy and the Terms of Use, and other terms that will be displayed to you at the time you first use certain features, as may be amended by ProMusicDB from time to time. If you do not agree to this Agreement, do NOT click “Sign Up” (or similar) and do not access or otherwise use any of our Services.


    Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.


     
     

    Maintaining your trust is our top priority.


    1.3 Trust

    We adhere to the following principles to protect your privacy:

  • We protect your personal information and will only provide it to third parties:
  • with your consent;
  • where it is necessary to carry out your instructions;
  • as reasonably necessary in order to provide our features and functionality to you;
  • when we reasonably believe it is required by law, subpoena or other legal process; or
  • as necessary to enforce our User Agreement or protect the rights, property, or safety of ProMusicDB, our Members and Visitors, and the public.
  • We have implemented appropriate security safeguards designed to protect your information in accordance with industry standards.

  • We may modify this Privacy Policy from time to time, and if we make material changes to it, we will provide notice through our Service using the contact information you have provided, or by other means so that you may review the changes before you continue to use our Services.


    If you object to any changes, you may close your account. Continuing to use our Services after we publish or communicate a notice about any changes to this Privacy Policy means that you are consenting to the changes.


     
     

    2. What information we collect

     
     

    Our Privacy Policy applies to any Member or Visitor.


    2.1. Data Controllers

    We collect information when you use our Services to offer you a personalized and relevant experience. The personal information provided to or collected by our Services is controlled by us.


    If you have any concern about providing information to us or having such information displayed on our Services or otherwise used in any manner permitted in this Privacy Policy and the User Agreement, you should not become a Member, visit our websites, apps or otherwise use our Services. If you have already registered, you can close your account.


     
     

    We collect your personal information in the following ways:


    When you create an account with us, we collect information (including your name, email address, and password).


    2.2. Registration

    To create an account on ProMusicDB, you must provide us with at least your name, email address, a password, agree to our User Agreement including this Privacy Policy, which governs how we treat your information, and provide profile information during the registration sequence. You understand that, by creating an account, we and others will be able to identify you by your ProMusicDB profile. We may also ask for your credit card details if you purchase certain services.


     
     

    We collect information when you fill out a profile.


    2.3. Profile Information

    After you create an account, you may choose to provide or import additional information on your ProMusicDB profile, such as memberships, authority control, birthdate, reference links, bandaffiliations , musical credits, sound recordings, photographs, original music work, related professionals, and related organizations.


    Subject to the settings you choose, the visibility of various information may be restricted. In some cases, connections may provide recommendations and endorsements of you.


    Providing additional information enables you to derive more benefit from our Services by helping you accurately portray, verify, and promote your professional contributions.


    We may use your profile information to generate a unique identifier that encodes your unique characteristics. Your ProMusicDB identifier can be provided to other entities and used to verify your identity and/or contributions.


    Band Profile Pages and URLs. Only current members of ProMusicDB in good standing with an existing individual ProMusicDB Profile may request to create a Band Profile and corresponding URL. Your request is subject to further terms and conditions that may delay our providing those Services to you, and may include additional payments and/or actions on your part before your request is approved. ProMusicDB has sole approval of and discretion over the creation and the use of Band Profiles.


     
     

    We collect information when you sync non-ProMusicDB content – like content from Third Party Sources.


    You can remove any synced information whenever you like.


    2.4. Services That Sync with ProMusicDB

    You may use import features to upload your bio, credits, and other information from other Third Party Sources. We store this information and use it to help you populate your profile in connection with our Services. As noted in this Privacy Policy, we are not responsible for the accuracy of any such synced information, and you must review it for accuracy. For example, any credits that you import from a Third Party Sources must be further authenticated for accuracy before being regarded as verified.


    Any information that you upload or sync with our Services is covered by the User Agreement and this Privacy Policy. You can remove your information at your convenience using the features we make available or in accordance with Section 4. You can remove any synced information at any time.


     
     

    We collect information when you contact us for customer support.


    2.5. Customer Service

    When you contact our customer support services, we may have to access your emails, profile, and other information associated with our Services, and may collect the information we need to categorize your question, respond to it, and, if applicable, investigate any breach of our User Agreement or this Privacy Policy. We also use this information to track potential problems and trends and customize our support responses to better serve you. We do not use this information for advertising.


     
     

    We collect information when you use our Services and interact with advertising on and off our Services.


    2.6. Using the ProMusicDB Sites and Applications

    We collect information when you use (whether as a Member or a Visitor) our websites, applications, our platform technology, or other Services.


    If you are logged in on ProMusicDB.org or another associated Service, or one of our cookies on your device identifies you, your usage information and the log data described in Section 2.8 of this policy, such as your IP address, will be associated by us with your account. Even if you’re not logged into a Service, we log information about devices used to access our Services, including IP addresses.


     
     

    We use cookies and similar technologies to collect information.


    2.7. Cookies

    We use cookies and similar technologies, including mobile application identifiers, to help us recognize you across different Services, learn about your interests, improve your experience, increase security, measure use and effectiveness of our Services, and/or serve advertising. You can control cookies through your browser settings and other tools. By visiting our Services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this Privacy Policy.


     
     

    We collect information from the devices and networks that you use to access our Services.


    2.8. Log Files, IP Addresses, and Information About Your Computer and Mobile Device

    When you visit or leave our Services (whether as a Member or Visitor) by clicking a hyperlink or when you view a third party site that includes our plugin or cookies (or similar technology), we automatically receive the URL of the site from which you came or the one to which you are directed.


    Also, advertisers receive the URL of the page that you are on when you click an ad on or through our Services.


    We also receive the internet protocol (“IP”) address of your computer or the proxy server that you use to access the web, your computer operating system details, your type of web browser, your mobile device (including your mobile device identifier provided by your mobile device operating system), your mobile operating system (if you are accessing ProMusicDB using a mobile device), and the name of your ISP or your mobile carrier.


    We may also receive location data passed to us from third party services or GPS-enabled devices that you have set up, which we use to show you local information (for example, Pulse articles about your area or jobs postings in your location) on our mobile applications and for fraud prevention and security purposes. Most mobile devices allow you to prevent real time location data being sent to us, and of course we will honor your settings.


     
     

    We are constantly innovating to improve our Services, which means we may create new ways to collect information on the Services.


    2.9. Other

    Our Services are a dynamic, innovative environment, which means we are always seeking to improve the Services we offer you. We often introduce new features, some of which may result in the collection of new information. Furthermore, new partnerships or initiatives may result in new features, and we may potentially collect new types of information. If we start collecting substantially new types of personal information and materially change how we handle your data, we will modify this Privacy Policy and notify you in accordance with Section 5.2.


     
     

    3. How we use your personal information

     
     

    You acknowledge that information you provide on your profile may, depending on its visibility setting, be seen by others and used by us as described in this User Agreement.


    3.1. Consent to ProMusicDB Processing Information About You

    The personal information that you provide to us may reveal or allow others to identify aspects of your life that are not expressly stated on your profile (for example, your picture or your name may reveal your gender). By providing personal information to us when you create or update your account and profile, you are expressly and voluntarily accepting the terms and conditions of our User Agreement and freely accepting and agreeing to our processing of your personal information in ways set out by this Privacy Policy. Supplying to us any information deemed “sensitive” by applicable law is entirely voluntary on your part. You can withdraw or modify your consent to our collection and processing of the information you provide at any time, in accordance with the terms of this Privacy Policy and the User Agreement, by changing your account settings or your profile on ProMusicDB, or by closing your ProMusicDB account.


     
     

    We communicate with you using various messaging channels.


    3.2. ProMusicDB Communications

    We may send you messages relating to the availability of the Services, security, or other service-related issues. With your consent, we also may send promotional messages. You can change your notification settings at any time.


    We may communicate with you through email, notices posted on the ProMusicDB websites or apps, and other means available through the Services, including mobile text messages and push notifications.


     
     

    We use the information and content you provide to us to conduct research and development and to customize your experience and try to make it relevant and useful to you.


    3.3. Service Development; Customized Experience

    We use information and content that you and other Members provide to us to conduct research and development for the improvement of our Services in order to provide you and other Members and Visitors with a better, more intuitive experience and drive membership growth and engagement on our Services and to help connect professionals to economic opportunity.

    We also customize your experience and the experiences of others on our Services. For example, when you sign in to your account, we may display the names and photos of new Members who have recently joined your network or recent updates from your connections and companies you follow. We try to show you content, such as news and presentations, that is relevant to you, your industry, or your profession. We also use Members information and content for invitations and communications promoting our Services that are tailored to the recipient.


     
     

    We may share your information with ProMusicDB entities and vendors.


    3.4. Sharing Information with Affiliates

    We may share your personal information with our affiliates, such as vendors and entities controlled by, controlling or under common control with ProMusicDB as reasonably necessary to provide the Services. You are consenting to this sharing.


    We may combine information internally across different Services to provide various functionality. We may be able to identify you across different Services using cookies or similar technologies.


     
     

    Any information you put on your profile and any content you post on ProMusicDB may be seen by others.


    3.5. Sharing Information with Third Parties

    We don’t provide any of your non-public information (like your email address) to third parties without your consent, unless required by law, or as described in Sections 2.6 and 2.14 of this Policy.


    If public, eventually other people may find your ProMusicDB profile information through search engines. You can choose which parts of your public profile are accessible to public search engines in your settings.


    The visibility of your professional profile to other Members depends on your visibility settings, which you may access in your account.


    We do not rent or sell personal information that you have not posted on our Services, except as described in this Privacy Policy.


    We will not disclose personal information that is not published to your profile or generated through engagement with our other services, except to carry out your instructions (for example, to process payment information) or unless we have your separate consent, unless we have a good faith belief that disclosure is permitted by law or is reasonably necessary to:

  • comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
  • enforce this User Agreement;
  • respond to claims of a violation of the rights of third parties;
  • respond to Member service inquiries; or
  • protect the rights, property, or safety of ProMusicDB, our Services, our Members, Visitors, or the public.

  • In the future, you may opt to bind any of your Service accounts to your Twitter, Facebook or other similar account, you can share content from our Services to these third party services, in accordance with your account settings (which you may change at any time) and respective policies of these third parties.


    Further, we may allow third parties to look-up profile information (subject to your privacy settings) using your email address or first and last name information through a forthcoming profile API.


     
     

    Our Services help you search for other Members and bands.


    3.6. Search

    You can search for Members, information about bands, and other related information on our Services. We use personal information from our Services, including Member profiles, to inform and refine our search service.


     
     

    3.7. Compliance with Legal Process and Other Disclosures

    We may disclose your personal information if compelled by law, subpoena, or other legal process, or if necessary to enforce our User Agreement.


    It is possible that we may need to disclose personal information, profile information, or information about your activities as a Member or Visitor when required by law, subpoena, or other legal process, whether in the United States, Ireland, or other jurisdictions, or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce the User Agreement, investigate and defend ourselves against any third party claims or allegations, or protect the security or integrity of our Service; or (3) exercise or protect the rights, property, or safety of ProMusicDB, our Members, personnel, or others.


    We attempt to notify Members about legal demands for their personal information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. In light of our principles, we may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but do not commit to challenge every demand.


     
     

    3.8. Disclosures to Others as the Result of a Change in Control or Sale of ProMusicDB Corporation

    If there is a change in control or sale of all or part of ProMusicDB, we may share your information with a third party, who will have the right to use that information in line with this Privacy Policy.

    We may also disclose your personal information to a third party as part of a sale of the assets of ProMusicDB Corporation, a subsidiary, or division, or as the result of a change in control of the company or one of its affiliates, or in preparation for any of these events. Any third party to which we transfer or sell our assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Privacy Policy.


     
     

    We may employ third parties to help us with the Services.


    3.9. Service Providers

    We may employ third party companies and individuals, such as vendors, to facilitate our Services (e.g. maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to ProMusicDB not to disclose or use it for other purposes.


     
     

    We may process your information outside the country where you live.


    3.10 Data Processing Outside Your Country

    We may transfer your information and process it outside your country of residence, wherever ProMusicDB, its affiliates and service providers operate.


     
     

    4. Your Choices & Obligations

     
     

    You can change your ProMusicDB information at any time.


    You can also ask us for additional information we may have about your account.


    4.1. Rights to Access, Correct, or Delete Your Information, and Closing Your Account

    You have a right to (1) access, modify, correct, or delete your personal information controlled by ProMusicDB regarding your profile, (2) change or remove your content, and (3) close your account. You can request your personal information that is not viewable on your profile or readily accessible to you (for example, your IP access logs) via the contact information listed below. Notwithstanding your ability to manage your personal information, ProMusicDB reserves the right to augment your personal information to correct errors and/or discrepancies, remove unlawful or inappropriate content, and/or preserve deletions for archival purposes. Also, if you close your account, you will become an emeritus member having emeritus status and your personal information may be archived or deleted as outlined in this User Agreement, particularly in Section 4.2.


     
     

    We keep your information for as long as your account is active or as needed.


    4.2. Data Retention

    We may keep certain information even after you close your account if it is necessary to preserve an archive of your profile or aspects of your profile for posterity in accordance with our mission, comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this agreement. After closure of an account, any retained personal information will have emeritus status and may be available should you wish to reinstate your account at a later time.


    We retain the personal information you provide while your account is in existence or as needed to provide you services. We may retain your personal information even after you have closed your account if retention is reasonably necessary to maintain an archive, comply with our legal obligations, meet regulatory requirements, resolve disputes between Members, prevent fraud and abuse, or enforce this Privacy Policy and our User Agreement.


    We may retain personal information, for a limited period of time, if requested by law enforcement. Our Customer Service may retain information for as long as is necessary to provide support-related reporting and trend analysis only.


     
     

    5. Important Information

     
     

    You have to meet ProMusicDB’s minimum age requirements to create an account.


    5.1. Minimum Age

    As described in Section 2.1 of the User Agreement, persons must be of Minimum Age to use ProMusicDB.


     
     

    We will notify you when we change this Privacy Policy.


    5.2. Changes to this Privacy Policy

    We may change this Privacy Policy from time to time. If we make significant changes in the way we treat your personal information, or to the Privacy Policy, we will provide notice to you on the Services or by some other means, such as email. Please keep your contact information up-to-date, as you will still be obligated to adhere to changes that we attempted to communicate to you using any inaccurate or outdated contact information provided by you.


    Please review any Privacy Policy changes carefully. If you agree to the changes, simply continue to use our Services. If you object to any of the changes to our terms and you no longer wish to use our Services, you may close your account. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Using our Services after a notice of changes has been communicated to you or published on our Services shall constitute consent to the changed terms or practices.


     
     

    We don’t share any of your personal information with third parties for direct marketing.


    5.3. California's Shine the Light Law

    California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.


     
     

    We take privacy and security seriously and have enabled HTTPS access to our site, in addition to existing SSL access over mobile devices.


    Also, please know that the Internet is not a secure environment, so be careful and select strong passwords.


    5.4. Security

    We have implemented security safeguards designed to protect the personal information that you provide in accordance with industry standards. Access to your data on our Services is password-protected, and data such as credit card information is protected by SSL encryption when it is exchanged between your web browser and the Services.


    Despite our security safeguards, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails, instant messaging, and similar means of communication with other Members may not be encrypted, and we strongly advise you not to communicate any confidential information through these means. Please help keep your account safe by using a strong password.


     
     

    6. How To Contact Us

     
     

    If you want to contact us, you can do so as follows:

    By email at [email protected],

    OR BY MAIL at:


     


     

    ProMusicDB

    Attn: Legal

    5627 Kanan Rd. #115, Agoura Hills, CA 91301

    USA