TERMS AND CONDITIONS, INCLUDING PRIVACY POLICY

February 25, 2021

  1. INTRODUCTION AND APPLICABILITY

These Terms and Conditions (“Terms”) apply to all services provided and goods delivered on orionpromotion.com and any other application derived therefrom. The Artist Promotion Service provides independent artists with a platform for getting feedback on their music from curators of successful playlists. It provides curators with the ability to earn money by reviewing new artists’ music. These Terms include the Artist Promotion’s Privacy Policy, which can be found at the end this document and which is incorporated by reference into these Terms.You are paying for the service of: Submitting a guaranteed track/order to www.orionpromotion.com . You are not paying to have the song on any particular Spotify playlist. You are paying for the time it takes to review the material and time for us to fulfill your campaign. Playlists post your song on a voluntarily basis.

This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Artist Promotion Service means you accept any changes. Please also note that Sections XIII and XVII of these Terms contain, respectively, limitations on Company’s liability and mandatory arbitration and waiver provisions that affect your right to bring lawsuits against Company in the event of a dispute. Please read these sections carefully.

Binding Agreement. These Terms constitute a binding agreement between you and Rolling Rock Technologies B.V. and its affiliates and subsidiaries (“Company”, “we”, “us”). “You”, “user”, and “users” shall mean all visitors to and users of the Artist Promotion Service, including artists who pay for campaigns and curators who listen to and review artists’ submissions. You accept these Terms each time you access the Artist Promotion Service. If you do not accept these Terms, you must not use the Artist Promotion Service. If you are under 18 years of age, you represent and agree you possess the legal consent of your parent or guardian to access and use the Artist Promotion Service and in any event you represent that you are otherwise able to enter into a valid and binding contract.

Geographical Eligibility. Company provides the Artist Promotion Service for use worldwide. Company makes no representation that the Artist Promotion Service or its content is appropriate or available for use in any location, such use being on an “as is where is” with all faults and for own risk basis.

Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Artist Promotion Service after a change to these Terms constitutes your binding acceptance of these Terms.

Posting. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Artist Promotion Service. For instance, as an artist, you post your music by uploading and/or linking to it when you apply for a campaign on the Artist Promotion Service. As a curator, you may submit reviews of artists’ music that you have listened to.

Personal Information” as used in these Terms, shall have the same meaning as defined in the Artist Promotion’s Privacy Policy.

CONSUMER PROTECTION NOTICE Important Terms Regarding Connecting to Spotify. Although we are independent from Spotify, you may use the Artist Promotion Service in connection with Spotify. If you do so, please note the following:

  1. Company does not make any warranties or representations on behalf of Spotify and expressly disclaims all implied warranties with respect to the Spotify Platform, Spotify Service and Spotify Content, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
  2. you are prohibited from using the Artist Promotion Service to modify or create derivative works based on the Spotify Platform, Spotify Service or Spotify Content;
  3. you are prohibited from using the Artist Promotion Service to decompile, reverse-engineer, disassemble, and otherwise reduce the Spotify Platform, Spotify Service, and Spotify Content to source code or other human-perceivable form, to the full extent allowed by law;
  4. We are responsible for the Artist Promotion Service and disclaim any liability for the Artist Promotion Services on the part of Spotify;
  5. We are not responsible for Spotify, and we encourage you to consult Spotify’s legal disclosures or to contact Spotify directly if you have questions specifically about Spotify;
  6. Spotify is an intended third-party beneficiary of these Terms (including our Privacy Policy) and you agree that Spotify may directly enforce these Terms against you where they have a legal interest in doing so.
  1. THE ARTIST PROMOTION SERVICE

The “Artist Promotion Service” and the “Service(s)” mean any websites, mobile applications, and other services under the control of the Company, including www.orionpromotion.com, whether partial or otherwise, related to providing an online, mobile, or other digital platform for Company’s services.

Privacy and Confidentiality. Company protects information it receives in conformance with its privacy policy and obligations to businesses with which it may have contractual relationships. The above-linked privacy policy is incorporated into these Terms.

Permission to Use the Service. We grant you permission to use the Artist Promotion Service subject to the restrictions in these Terms. Your use of the Artist Promotion Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Numbers are estimates only. All figures and numbers used in promotion of the Artist Promotion Service, including those on orionpromotion.com, are estimates only and may express an aspirational level which the Company in good faith believes it will achieve in due course. No rights can be attained from such promotional expressions. This does not include pricing listed or charged for the Artist Promotion Service or any other service offered by the Company.

III. CHILDREN ARE NOT ELIGIBLE TO USE THE ARTIST PROMOTION SERVICE

Children. No part of the Artist Promotion Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.

  1. YOUR ACCOUNT

You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Artist Promotion Service.

You represent and warrant that the information you provide to Company when signing up for an artist campaign, becoming a curator, otherwise using the Artist Promotion Service, and at all other times will be true, accurate, current, and complete.

Your Log-In Credentials. To use the Artist Promotion Service, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Artist Promotion Service and to preserve the confidentiality of your username and password, and any device that you use to access the Artist Promotion Service. You agree to notify us immediately of any breach of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Company by e-mail to support@orionpromotion.com. You will be solely responsible for the losses incurred by Company and others due to any unauthorized use of your account.

  1. COMMUNICATIONS

Company may communicate with you by email or posting notice on the Artist Promotion Service. You may request that we provide notice of security breaches in writing.

You agree to receive email from us at the email address you provided to us for customer service-related purposes and for other purposes contemplated by these Terms and the Company Privacy Policy.

Electronic Notices. By using the Artist Promotion Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Artist Promotion Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Artist Promotion Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@orionpromotion.com.

  1. PURCHASES AND PAYMENTS

You may purchase artist campaigns or receive payment as a curator through the Artist Promotion Service. You do so subject to the terms and policies contained in these Terms.

Orders Placed on the Company Sites. By placing an order, you represent that the services ordered will be used only in a lawful manner. For example, artist campaigns are purchased for private use.

Company reserves the right, with or without prior notice: to discontinue any campaign; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service.

Campaign Payments. PAYMENT FOR A CAMPAIGN DOES NOT GUARANTEE THAT YOUR SONG(S) WILL BE ADDED TO A PLAYLIST. When you pay for a campaign, you are paying for your song(s) to be reviewed; you are not paying for your song(s) to be placed on a playlist. That decision is in the sole discretion of the curators who listen to and review your music. Company does not guarantee that any song will be placed on a playlist.

You agree to pay all charges that may be incurred by you or on your behalf through the Artist Promotion Service or our authorized payment vendor, at the price(s) in effect when such charges are incurred, including without limitation all processing charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

Curator Payments. CURATORS ARE PAID FOR LISTENING TO AND REVIEWING SONGS, NOT PLACING THEM ON PLAYLISTS. Curators may be paid to listen to and reviewing submissions. If a curator who has listened to and reviewed a song chooses to add that song to a playlist, he or she does so at his or her sole discretion.

Once curators are eligible to receive funds, funds earned by curators are available to be paid once a curator’s account balance reaches a minimum required balance. We may (a) withhold and offset any payments or refunds owed to you against any fees you owe us under these Terms or otherwise, or (b) require you to refund to us any overpayments we have made to you. If you dispute any payment made or withheld relating to the Service, you must notify us in writing within 30 days of any such payment. Failure to give written notice within 30 days waives any such claim.

To ensure proper and timely payments, you are responsible for providing any maintaining accurate contact and payment information in your account. We reserve the right to withhold payments if we suspect a breach of these Terms, misuse of the Service, illegal conduct, or some other violation of the law or Company policy (a “Violation”). If we determine a violation has occurred, all or part of your balance may be forfeit.

Refunds. We do not offer refunds for paid campaigns under any circumstances, including if you are an artist and have submitted a song that fails to be reviewed or fails to be placed on a playlist by a curator. We only offer refunds if the customer can not received the total follower reach placements. With “followers reach” we mean that your playlists together will have that amount of followers. For example, if the campaign says to reach 20,000 followers , it means that you can get into 2 playlists of 10,000 followers that add up to 20,000 followers if the playlist owners voluntary at your songs to their playlists

Promotions. From time to time, we may offer sweepstakes, contests, and other promotional events in which you may choose to participate (“Promotions”). By participating in any such Promotion, you become subject to those rules, which may vary from these Terms. You should carefully review the rules, if any, of each Promotion in which you participate through the Artist Promotion Service. These Terms will remain in full force and effect as long as you remain a user of the Artist Promotion Service. To the extent there is a conflict between these Terms and the rules of the Promotion in which you choose to participate, the rules shall govern.

VII. COMPANY’S CONTENT OWNERSHIP AND USE

Company owns or has rights to all of the content we make available through the Artist Promotion Service, but you may use it as you use the Artist Promotion Service. You cannot use our logo without our written permission.

The contents of the Artist Promotion Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Company content (collectively, “Company Content”). All Company Content and the compilation (meaning the collection, arrangement, and assembly) of all Company Content are the property of Company or its licensors and are protected under copyright, trademark, and other laws. Except as expressly authorized in writing by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Artist Promotion Service or the Company Content, in whole or in part.

License to You. We authorize you, subject to these Terms, to access and use the Artist Promotion Service and the Company Content solely for your personal use of the Artist Promotion Service, at our discretion, and do not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Company Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Company Content on any copy you make of the Company Content.

Company Marks. Orionpromotion.com, the Company logo, and other Company logos and product and service names are or may be trademarks of Company (the “Company Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Company Marks.

VIII. INTELLECTUAL PROPERTY RIGHTS AND YOUR LICENSE TO USE

You, or the people who allow you to use their content, own all of the content you post using the Artist Promotion Service. However, we may use it for any purpose, consistent with our privacy policy and relating to providing the Artist Promotion Service. It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.

Your User Content. The Artist Promotion Service may provide you with the ability to post or share content including posts, text, comments, photos, videos, music, links, and files to share with other users (“Your User Content”). For instance, as an artist you may upload or otherwise share music to be reviewed, or as a curator, you may post a review. By using the Service, some Personal Information such as your name and any other information contained in Your User Content may be accessible to other users. You should not post Personal Information if you wish to keep that information private.

You are solely responsible for Your User Content on the Artist Promotion Service. Company does not endorse any, nor is it responsible for, Your User Content. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

Company Claims No Ownership. Company claims no ownership or control over content you share with or post to the Artist Promotion Service. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Artist Promotion Service. You are responsible for protecting those rights.

Company’s Use of Content Shared on the Artist Promotion Service. By creating, posting, or sharing non-Company content on or through the Artist Promotion Service, and subject to Company’s Privacy Policy, you grant Company a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display that content for any purpose without compensation to you, including for the purpose of promoting Company and its services. You waive any rights you may have regarding such content being altered or manipulated in any way that may be objectionable to you. Company will not share Personal Information for use in advertising and personalization outside of the Artist Promotion Service without your permission. You may edit or delete content you post at any time. Copies of content you post may persist in backup files for a period of time, but will not be available to others. Company reserves the right to refuse to accept, post, display, or transmit any content you post in its sole discretion.

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Artist Promotion Service, any right, title, or interest in or to such content delivered via the Artist Promotion Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Artist Promotion Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of content you post on or through the Artist Promotion Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of content you post on the Artist Promotion Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Artist Promotion Service. You also acknowledge and agree that any content you post is non-confidential and non-proprietary.

The Artist Promotion Service Contains Content from Users and other Company Licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Artist Promotion Service.

  1. COPYRIGHT POLICY

Tell us if you think a user has violated your copyright using the Artist Promotion Service, or if you think someone incorrectly reported that you violated his or her copyright.

If you believe in good faith that materials posted on the Artist Promotion Service infringe your copyright, you (or your agent) may send Company a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Artist Promotion Service are covered by a single notification, a representative list of such works);
  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Artist Promotion Service;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you are permitted to send Company a counter-notice.

Consult your legal advisor before filing a notice or counter-notice as there are penalties for false claims.

  1. SUGGESTIONS AND SUBMISSIONS

We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.

We appreciate hearing from our users and welcome your comments regarding the Artist Promotion Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:

  1. own, exclusively, all now known or later discovered rights to the creative ideas;
  2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
  1. ARTIST PROMOTION SERVICE LIMITATIONS AND PROHIBITIONS

You agree to use the Artist Promotion Service only for its intended purpose. You must use the Artist Promotion Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Artist Promotion Service are prohibited. You may not:

  1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Artist Promotion Service, user accounts, or the technology and equipment supporting the Artist Promotion Service;
  2. frame or link to the Artist Promotion Service without permission;
  3. use data mining, robots, or other data gathering devices on or through the Artist Promotion Service;
  4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  5. disclose Personal Information about another person;
  6. harass, threaten, stalk, abuse, or post objectionable content;
  7. sell, transfer, or assign any of your rights to use the Artist Promotion Service to a third party without our express written consent;
  8. post advertising or marketing links or content, except as specifically allowed by these Terms;
  9. simulate or impersonate organic activities through the use of automated processes, inauthentic accounts, or other means we determine to be misleading or fraudulent;
  10. use the Artist Promotion Service in an illegal way or to commit an illegal act in relation to the Artist Promotion Service or that otherwise results in fines, penalties, and other liability to Company or others; or
  11. access the Artist Promotion Service from a jurisdiction where it is illegal or unauthorized.

XII. CONSEQUENCES OF VIOLATING THESE TERMS

Termination or Suspension.  We reserve the right to suspend or terminate your account and prevent access to the Artist Promotion Service for any reason, at our discretion. We reserve the right to refuse to provide the Artist Promotion Service to you in the future.

Content Review and Removal.  Company may review and remove any content shared by a user at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Artist Promotion Service.

Your Responsibility for Claims, etc. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Artist Promotion Service.

XIII. COMPANY’S LIABILITY

We are not liable for the actions of users when they use the Artist Promotion Service. We may also change the Artist Promotion Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you encounter using the Artist Promotion Service or other websites.

Changes to the Artist Promotion Service. We may change, suspend, or discontinue any aspect of the Artist Promotion Service at any time, including hours of operation or availability of the Artist Promotion Service or any feature, without notice or liability.

User Disputes with other Users and Third Parties. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Artist Promotion Service, including from time to time, any interactions with other artists, curators, and other users, generally. Playlist curators are not employed by Company. If you are an artist, a curator is a third party for purposes of these Terms. As an artist, curator, or other user, you assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Company of all claims, demands, and damages in disputes among users of the Artist Promotion Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Artist Promotion Service.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Artist Promotion Service, including content licensed by third parties. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Artist Promotion Service. Use the Artist Promotion Service at your own risk.

Third-Party Websites. The Artist Promotion Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

Released Parties Defined. “Released Parties” include Company and its affiliates, officers, directors, employees, agents, partners, and licensors.

  1. DISCLAIMER OF WARRANTIES

You use the Artist Promotion Service at your own risk. We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you that somehow may arise out of or be related to your use of the Artist Promotion Service. If you use the Artist Promotion Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED € 100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Company Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

XIV. FORCE MAJEURE

To the fullest extent permitted under applicable law, Company will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to or access in excess of authorization of Company information technology systems; or (g) other causes beyond the reasonable control of Company.

  1. GENERAL TERMS

These Terms constitute the entire agreement between you and Company concerning your use of the Artist Promotion Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. The English-language versions of the Terms and incorporated agreements, such as the Privacy Policy, contain the binding terms, and any translations into other languages are for convenience only. If the English-language version conflicts with any translation, the English-language version controls.

XVI. CONSUMER PROTECTION NOTICE

Please note that, if you are a consumer, the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your country.

XVII. ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL

These Terms and the relationship between you and Company shall be governed by the laws of The Netherlands without regard to its conflict of law provisions. You agree to first contact Company at support@orionpromotion.com regarding any claim or controversy arising out of or relating to these Terms of Use or your use of the Artist Promotion Service. You and Company agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Artist Promotion Service under the rules of the Netherlands Arbitration Institute. Any such arbitration, to the extent necessary, shall be conducted in Amsterdam, The Netherlands. You covenant not to sue Company in any other forum. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that Company may recover reasonable attorneys’ fees from you if Company prevails in an action for injunctive relief against you.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Artist Promotion Service or these Terms:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

XVIII. NOTICE REGARDING APPLE

This Section only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between you and Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Artist Promotion Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Information

The Artist Promotion Service is provided by the Company. If you have any questions, comments or complaints regarding these Terms or the Artist Promotion Service, feel free to contact us.

Company

Kingdom of the Netherlands, e-mail: support@orionpromotion.com

Artist Promotion’s Privacy Policy

This Privacy Policy is incorporated by reference into the Terms.

The terms “Company,” “we,” and “us” include Rolling Rock Technologies B.V., and our affiliates and subsidiaries. The Privacy Policy explains how Company may: collect, use, and disclose information we obtain through the “Artist Promotion Service.”

The “Company Service” and the “Service(s)” mean any websites, mobile applications, and other services under the control of Company, whether partial or otherwise, related to providing an online, mobile, or other digital platform for Company’s services, including www.orionpromotion.com and the Company app.

As set forth in greater detail in our Terms, the Artist Promotion Service provides visitors to and users of the Artist Promotion Service including artists and curators (“you”, “user,” “users”) with a platform for sharing and reviewing new music.

Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, payment information, or phone number. We do not consider Personal Information to include information that has been de-identified so that it does not allow a third party to easily identify a specific individual.

The Artist Promotion Service may provide you with the ability to post or share content including posts, text, comments, photos, videos, music, links, and files to share with other users (“Your User Content”).

 

INFORMATION WE COLLECT AND USE

For purposes of this Policy, “Personal Information” is any information that identifies, relates to, or describes, directly or indirectly, an individual or household.

In the course of operating the Artist Promotion Service, we collect Personal Information, which we use for typical business and commercial purposes (including compliance with legal obligations and use for auditing, security, and anti-fraud purposes) and for other purposes as described below:

Information You Give Us. When you sign up for and use the Artist Promotion Service as an artist or curator, we may collect and store Personal Information you provide, including:

  • Personal Identifiers. We receive personal identifiers you provide (including, for example, information such as your name, hometown, email address, login and password, telephone number, or similar identifiers) and use them to respond to and complete your requests, provide notifications, and communicate with you for registration, customer service, and informational purposes (including sending you confirmation emails, notices, updates, invoices, and security alerts), and for marketing purposes (including sending you news, promotions, and other information that we and our affiliates and partners believe may be of interest to you). We may also create internal identification and reference codes to identify you in our electronic systems.
  • Communications and Submissions. We collect the information and content you submit when you create a campaign (as an artist), submit a review (as a curator), otherwise use the Company Service (including posting public testimonials and other public content), or otherwise voluntarily interact with us. We also collect information you submit through contact, sign-up, and profile forms, email communications, and other submissions (including reviews and surveys), and when you communicate with Company service and support. We use this information to respond to and fulfill your requests, communicate with you about the Artist Promotion Service, for promotional/marketing purposes, to establish and manage our customer relations and customer service, and to provide and improve our websites, products, and services.
  • Company Referral Information. If you use our referral program to recommend Company to others, you may need to provide contact information for yourself and the friend. We will automatically send your friend a one-time email inviting him or her to visit our Artist Promotion Service. Company stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
  • Financial Information.We receive financial information such as payment card, banking information, or PayPal™ information, and other related information to process payments for campaigns you have requested and to issue curator payments to you.
  • Commercial Information.We collect and generate commercial information and transaction information (such as records of services purchased on our websites, music genre preferences, or services you have enrolled in). We use this information to respond to and fulfill requests, improve our product and service offerings, communicate with you, tailor our marketing efforts, and for internal reporting purposes.
  • Inferences from the information listed above.We will use the information listed above to draw inferences about your preferences to help us develop and provide better products and services.
  • Audio and Visual Information.We receive audio files you share with us through our Services.
  • Privacy Choices.We receive and retain any opt-outs or other choices related to how we collect, us, and disclose Personal Information.

Social Networks and Publicly Available Data. Our websites may include social media features, such as the Facebook “Like” button and widgets like the “Share” button and similar functions. These features may collect your IP address, the pages you are visiting on our websites, and may set cookies to enable them to function as you have requested. Social media features and widgets are either hosted by a third party or directly on our websites. We may also permit you to log-in and connect your Company account with your accounts on other websites (like Spotify or Facebook), and we collect personal identifiers you have made available on those sites. We use the Personal Information collected in this way for the same purposes as described above.

Information Other Users Provide about You. Other users may provide us your personal identifiers (such as your email address) or other information in order to invite you to use the Company Services or share content from the Company Services with you. In this case, we will use the information for the purposes for which it was provided.

Other Information We Collect. We also may collect other information about you, your device, or your use of the services in ways that we describe to you at the point of collection or otherwise with your consent. You may choose not to provide us with certain types of information, but doing so may affect your ability to use some of the Artist Promotion Service.

Information We Get from Your Use of The Company Service. In addition to information you provide when you use the Artist Promotion Service, we keep track of information about how you have used the Service, like when you open one of our emails or whether you viewed and interacted certain content (collectively, “Usage Information”). We use this information to provide and improve our products and services, tailor your experience on and across our websites and other services, tailor our marketing efforts, and to create aggregate internal reports on website usage and activity, such as views of certain pages and content. Usage Information includes:

  • Device Information. We collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information, including phone number).
  • Browsing Information. This includes the URL that referred you to the Artist Promotion Service, the areas within the Artist Promotion Service that you visit, how long you spend on the Artist Promotion Service, and the time of day of your visit.
  • IP Address. An IP address is a string of numbers associated with the device you use to access the Internet.
  • Location Information. Many mobile devices permit applications to access real-time geolocation information. We may collect and use such information with your consent when you use our websites. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers and provide geo-location information.
  • Inferences from the information listed above. We may use the information listed above to draw inferences about your preferences to help us provide you with personalized content and offers and help us develop and provide better products and services.

Automatic Collection of Information from Cookies and Other Technology. We and our partners use various technologies to collect and store information when you visit the Artist Promotion Service, which we use for the same purposes as Usage Information and to help us improve our websites and communications. This automatic information collection may include using cookies or similar technologies to identify your browser or device:

  • A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.
  • Mobile Identifiers. We may use software development kits (“SDKs”) or mobile advertising identifiers (i.e., IDFA on Apple mobile devices or Advertising ID on Android mobile devices), which function similarly to cookies on mobile devices. You may reset your IDFA or Advertising ID in the settings on your mobile device.
  • Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs,” “one pixel GIFs,” or “clear GIFs”) may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Artist Promotion Service, to monitor how users navigate the Artist Promotion Service, to make cookies more effective, and to analyze how our emails, articles, and links were opened, viewed, and used.

** Most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, and how to disable existing cookies. For more information about cookies and how to disable them, or restrict the categories of cookies you wish to accept, you can consult the information at www.allaboutcookies.org/manage-cookies/.

Please note that rejecting cookies does not mean that you will no longer see ads when you browse the internet. Also, without cookies, you may not be able to take full advantage of all of the Artist Promotion Service and some parts of the Artist Promotion Service may not function properly.

Anonymous or Aggregated Information. We de-identify or aggregate data we receive and may use and disclose it for any business purpose.

 

HOW WE DISCLOSE PERSONAL INFORMATION

Service Providers. We share any of the Personal information described above with service providers (including but not limited to payment processors, fraud detection vendors, and service-related technology providers) that provide services to you and us, including to help us maintain our databases and websites, administer emails, display content, and analyze website usage activity. For example, we may provide your personal identifiers and commercial information to vendors so they can send you communications on our behalf. We require that service providers use Personal Information only for the purposes specified in our agreements.

Advertising Partners. We may share you personal identifiers and commercial information with advertising partners that use various technologies to send (or serve) relevant ads on our behalf on platforms or websites operated by others.

Within Our Organization. We may share any of your Personal Information with parents, subsidiaries, joint venture partners, and other entities under common control subject to this Privacy Policy.

Social Networks. You may interact with features of the Artist Promotion Service that cause certain categories of Personal Information to be published to your social networks. To understand the precise categories of Personal Information shared in this manner, please review the privacy policies of the relevant social networks and/or log out of the applicable service before you use our online services.

Disclosures Using Non-Restricted Services. As explained in the Terms, information you post to the Artist Promotion Service may be shared in order for us to provide the Service. Artists’ submissions may be shared to Spotify by persons and entities over which we have no control. Please exercise caution and good judgment when disclosing any Personal Information in posts you make to the Artist Promotion Service. Note that we cannot be responsible for any online postings by a family member, friend, acquaintance or other person or entity outside of our control. Such activities and the associated postings are also outside the scope of this Policy.

Sweepstakes, Contests, and Promotions. Company may offer sweepstakes, contests, and other promotions (“Promotion(s)”) that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

Business Transfers. In the event of a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets (whether by private sale, through operation of law, as part of a divestiture plan, or otherwise), your Personal Information, and any other information that we have collected, may be disclosed to the persons and/or entities assuming control of the relevant business unit or as otherwise necessary to complete the transaction as permitted by law or contract.

Legal and Similar Disclosures. We may disclose Personal Information about you with law enforcement, the courts, our advisors, attorneys, and others who participate in the legal process, if necessary to do so by law or based on our good faith belief that it is necessary to enforce or apply our contracts, conform or comply with the law or is necessary to protect us, the users of the websites, or others.

Otherwise with Your Consent or At Your Direction. In addition to the sharing described in this Privacy Policy, we may share information about you with third parties whenever you consent to or direct such sharing.

 

ONLINE ADVERTISING AND USAGE ANALYTICS

We do not share your Personal Information with third parties for their own marketing purposes. However, we use email services to send informational and marketing emails, and analytics services to help us understand and improve the usage of our websites and emails. We also use advertising services to serve ads as you browse other sites on the internet. These services will collect your personal identifiers (such as IP address, device ID, and cookie information), device characteristics (such as browser version), and website browsing activity by placing cookies and using other similar technology. They use that information to provide advertisements to you and/or to provide analytical information for our websites. These companies also may collect and combine information about your online activities over time, on other devices, and on other websites or online services that we do not control, if those websites and online services also use the same partners.

We currently use Google Analytics to collect and process usage-related data on the Artist Promotion Service. To learn more about Google Analytics and how to opt out, please visit https://policies.google.com/technologies/partner-sites.

OPT-OUT CHOICES AND ACCOUNT INFORMATION

At your request, and where required by law, we will confirm and/or update the Personal Information we hold about you. We may have to verify your identify to do so. If you do not want to receive marketing information from us, you may “opt out” by writing or emailing us using the contact information listed below. If you opt out, you may still receive information from us but only if it is necessary to provide you with our services, including administrative messages and satisfaction surveys.

We do not sell Personal Information for monetary consideration. However, you can submit a request to opt out of us selling your Personal Information for monetary consideration by contacting us using the information below.

SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Artist Promotion Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Artist Promotion Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Artist Promotion Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at

CHILDREN’S PRIVACY

No one under the age of 13 is authorized to submit any information, including Personal Information, on the Artist Promotion Service. Under no circumstances may anyone under the age of 13 use the Artist Promotion Service.

If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@orionpromotion.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

APPLICABLE LAW AND DISPUTES RESOLUTION

By choosing to visit the Company Service or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the Netherlands and the adjudication of any disputes arising in connection with Company or the Artist Promotion Service will be in accordance with the Terms. By providing your information you consent to any transfer and processing in accordance with this Policy.

LINKS TO THIRD-PARTY WEBSITES

This Service may contain links to third-party websites or enable sharing of content with third-party websites, including Spotify. This Privacy Policy does not apply to the practices of other websites and services, and we are not responsible for the actions and privacy policies of the third parties that operate or interact with those other website and services.

UPDATING YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION

 

Data Retention. We will retain your information for as long as needed to provide you the Artist Promotion Service and as permitted by law. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Account Deactivation and Deletion. If you no longer desire to use the Artist Promotion Service, you may deactivate or delete your account by sending us an email to support@orionpromotion.com. Deactivating your account puts your account on hold and is the same as you telling us not to delete any information because you might want to reactivate your account at some point in the future. When you delete an account, you are requesting that your account and the information stored therein be permanently deleted from the Artist Promotion Service. You should only delete your account if you are sure you never want to reactivate it. Please note, certain data you have provided may continue to exist in aggregate form that cannot be used to identify you.

 

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

 

Posting of Revised Privacy Policy. We may update this privacy policy to reflect changes to our information practices. If we make any change in how we use Personal Information we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Artist Promotion Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

 

Contact Information

e-mail: support@orionpromotion.com