B2Bmelody.com is a service provided by:
RIMA GLOBAL GROUP LLC
530-B Harkle Road, Suite 100
Santa Fe, NM 87505
hereinafter “RIMA GLOBAL GROUP LLC – B2BMELODY.COM”.
The services provided by RIMA GLOBAL GROUP LLC – B2BMELODY.COM can be found on www.b2bmelody.com and are hosted by RIMA GLOBAL GROUP LLC and its service providers.
RIMA GLOBAL GROUP LLC – B2BMELODY.COM is a platform for the online distribution of musical works providing services for artists, users and companies. RIMA GLOBAL GROUP LLC – B2BMELODY.COM does not act as an Internet access provider or as an electronic public communications service.
CLAUSE 1. DEFINITIONS
ALBUM: shall mean a set of Works published by the Artist on RIMA GLOBAL GROUP LLC – B2BMELODY.COM.
ARTIST: shall mean a Member who published the Works on RIMA GLOBAL GROUP LLC – B2BMELODY.COM and who is the sole owner of the rights, or represent all owners of rights on Works published.
ARTIST ACCOUNT: shall mean the Artist’s personal webpage that can be accessed after having published his/her Works through which the Artist has access to an interface, the Artist’s Transactions Account if the Artist has registered for RIMA GLOBAL GROUP LLC – B2BMELODY.COM LICENSING Programs and information relating to the management of his Works and his personal data.
ILLEGAL CONTENT: shall mean any content of any kind whatsoever (text, voice, image, sound etc.) of such a nature as to infringe any recognised third party rights (including, in particular, rights held by natural persons, legal persons, groupings or communities etc.) regardless of which legislation is applicable. In particular, any content that could infringe any intellectual property rights, personality rights, as well as any content that could constitute a justification for war crimes or crimes against humanity, and more generally any form of discrimination against one or more classes of people, shall be deemed to be Illegal Content.
RIMA GLOBAL GROUP LLC – B2BMELODY.COM or SERVICES: shall mean the collection of services available free of charge, on website and mobile devices, on www.b2bmelody.com.
RIMA GLOBAL GROUP LLC – B2BMELODY.COM LICENSING: shall mean the service enabling Artists to become involved in commercial Programs and/or promotional operations through partners that may or may not remunerate Artists.
LICENSE: shall mean the Creative Commons licenses (described on the http://creativecommons.org/ website), or any other license allowing a similar distribution of the Works, proposed by RIMA GLOBAL GROUP LLC – B2BMELODY.COM to the Artists for the distribution of their Works.
MATERIAL: shall mean all documents of any kind (lyrics, album covers, photographs, drawings, biographies etc.) to be used for the online distribution and promotion of the Works.
MEMBER: shall mean one or all of the Users and Artists whose registration for the Services offered by RIMA GLOBAL GROUP LLC – B2BMELODY.COM has been validated and confirmed.
USER ACCOUNT or PROFILE: shall mean the personal webpage to which the Member can access using an user name and a password after registering on RIMA GLOBAL GROUP LLC – B2BMELODY.COM, and containing information related to his registration and personal data he provided.
USER or YOU: shall mean any person accessing RIMA GLOBAL GROUP LLC – B2BMELODY.COM’s Services.
WORK(S): shall mean the musical works made available to Users by Member Artists.
CLAUSE 2. REGISTRATION
RIMA GLOBAL GROUP LLC – B2BMELODY.COM gives access to many services which may be restricted to registered Members.
2.1 – How to register
The use of some Services offered by RIMA GLOBAL GROUP LLC – B2BMELODY.COM may require to register and provide information by filling a form to allow User identification. The Member commits to provide RIMA GLOBAL GROUP LLC – B2BMELODY.COM with correct and comprehensive information and maintain up-to-date information by using the User Account, to which registration gives access.
2.2 – Use of username and password
Each Member shall hold RIMA GLOBAL GROUP LLC – B2BMELODY.COM harmless from and against any wrongful use of the Member’s identification details and/or resulting in a loss arising from said identification details, whether or not fraudulent, caused by the Member’s own acts or omissions, or those of a third party. Please note that RIMA GLOBAL GROUP LLC – B2BMELODY.COM is not required and does not have the necessary technical resources to verify the real identity of persons registering for its Services. RIMA GLOBAL GROUP LLC – B2BMELODY.COM may not be held liable in the event of a theft of identification details and/or the identity of one of its Members.
If a Member notices or suspects any fraudulent use of his User Account, said Member must immediately inform RIMA GLOBAL GROUP LLC – B2BMELODY.COM by sending an e-mail to email@example.com.
CLAUSE 3. USE OF SERVICES
3.1 – Artist Account creation
Registered Members may create one or more Artist profile by going on http://www.b2bmelody.com and providing the requested information in the Artist profile creation form. The Member commits to provide correct and comprehensive information and maintain up-to-date information by using the Artist Account, to which the Artist profile creation gives access.
3.1.1 – Works publication and withdrawal by Artists
Artists shall publish their Works directly online through their Artist Account by clicking on “Upload your music”. For each publication, the Artist commits to fill in the requested information sheet by specifying for each Work and each Album, notably the real name of all right holders and the License selected. The Artist is responsible for providing RIMA GLOBAL GROUP LLC – B2BMELODY.COM PRO at the same time as the Works with the Materials that may be used for the distribution and promotion of the Works.
The Artist may withdraw all or part of his Works at any time, through his Artist Account.
In any case, the Artist represents that he has been informed and accepts that any Works that have been downloaded by Users or any third party authorised by RIMA GLOBAL GROUP LLC – B2BMELODY.COM prior to their withdrawal from the Services may continue to be distributed, shared and reproduced by any means. The Artist represents that he will hold RIMA GLOBAL GROUP LLC – B2BMELODY.COM harmless from and against any third-party claims in this respect.
3.1.2 – License selection
Artists shall select a License when they publish their Works and Materials on RIMA GLOBAL GROUP LLC – B2BMELODY.COM, for each Work or for an entire Album. Depending on the License chosen, Users may benefit from more or less extensive rights on the Work and the Materials.
3.1.3 – Rights granted to RIMA GLOBAL GROUP LLC – B2BMELODY.COM
The Artist grants RIMA GLOBAL GROUP LLC – B2BMELODY.COM, for the duration the Work is online, the worldwide, royalty free and non-exclusive rights to:
– reproduce and have reproduced, fix and have fixed on any media, publish and have published, broadcast and have broadcast, distribute and have distributed or transfer in any format, the Works and the Materials provided by the Artist;
– adapt the Works and the Materials in any format to meet RIMA GLOBAL GROUP LLC – B2BMELODY.COM’s or its partners’ requirements;
– use the Works and the Materials on any media to promote the Artist and RIMA GLOBAL GROUP LLC – B2BMELODY.COM;
– monetize the RIMA GLOBAL GROUP LLC – B2BMELODY.COM’s services by inserting advertisement that may or may not remunerate Artists.
3.1.4 – Member Artist obligations
The Artist guarantees that he is the sole right holder on the Work or that he officially represents and has the capacity to commit in the name of all right holders on the Work.
The Artist guarantees RIMA GLOBAL GROUP LLC – B2BMELODY.COM, from and against any claim which may result from the violation of the obligations enumerated in the current Clause.
The Artist commits not to promote competitors from RIMA GLOBAL GROUP LLC – B2BMELODY.COM or RIMA GLOBAL GROUP LLC – B2BMELODY.COM LICENSING on the Services including, but not limited to, Artists’ profiles, Albums’ page, Works’ pages, forums, chatting area, and pages dedicated to RIMA GLOBAL GROUP LLC – B2BMELODY.COM or RIMA GLOBAL GROUP LLC – B2BMELODY.COM LICENSING on third parties services (notably social networks).
3.2 – Technical Information
The Works may be downloaded in MP3 format and may be offered in different formats from time to time depending on the evolution of the Services. Third-party software may be required for the downloading of the Works.
RIMA GLOBAL GROUP LLC – B2BMELODY.COM does not warrant that the Services will operate without interruption or error, nor that access to the Services will be granted at all times, in particular in the following situations:
– faulty use of the Services owing to unsuitable equipment;
– malfunctions caused by Your Internet service provider;
– Internet network congestion.
RIMA GLOBAL GROUP LLC – B2BMELODY.COM may temporarily suspend the operation of the Services in order to implement improvements or perform maintenance and will use best endeavours to give You advance notice of any suspension.
3.3 – User obligations
3.3.1 – Use of Artists’ Works
Each Work is made available to Users under one of the Licenses offered by RIMA GLOBAL GROUP LLC – B2BMELODY.COM. The chosen License is indicated on the page dedicated to each Work by an icon or any other mean. By clicking on this icon, You can find information about the terms and conditions on which the Artist and RIMA GLOBAL GROUP LLC – B2BMELODY.COM allow You to use the Work.
3.3.2 – Use of RIMA GLOBAL GROUP LLC – B2BMELODY.COM services
You undertake not to post inappropriate or abusive content and to act loyally towards RIMA GLOBAL GROUP LLC – B2BMELODY.COM, its partners and all Users. Accordingly, You undertake to refrain from publishing, by any mean, any content or information, in any form whatsoever:
– that may directly or indirectly harm any third party (natural person, legal person or group of persons);
– that is defamatory, insulting, obscene, immoral, offensive or violent, or that incites any type of political, racist or xenophobic violence (whether physical, verbal or psychological violence), and more generally that violates the laws in force;
– having the nature of personal information concerning a Member or any third party without said person’s express consent;
– that infringes the intellectual property rights of their authors and/or other right holders, whether alone or incorporated into or in association with any other content;
– and not using technologies of such a nature as to reduce, disrupt and/or prevent the normal operation of the Services;
You also undertake not to infringe the intellectual property rights of the content to which You have access when using the Services.
You agree that You are solely liable for the distribution of any text, information, data, hypertext links, music, sound recordings, photographs, drawings, videos, messages, tags or any other Materials through the Services.
CLAUSE 4. PRIVACY AND PROTECTION OF PERSONAL DATA
Any data collected may be stored for one (1) year after Your last connection. You have the right to access, modify and rectify, as well as delete Your personal data. You can exercise these rights at any time by sending an e-mail to: firstname.lastname@example.org.
Solely for the purpose of managing identities with our partners, RIMA GLOBAL GROUP LLC – B2BMELODY.COM may be required to transfer Your personal data to said partners.
You are solely liable for communicating Your personal data to third parties. RIMA GLOBAL GROUP LLC – B2BMELODY.COM may not be held liable for the use of Your personal data resulting from said communication.
CLAUSE 5. DONATIONS
The Artist shall provide the required information in his Artist Account and notably his Paypal account name in order to receive the donations.
CLAUSE 6. INTELLECTUAL PROPERTY
Apart from the intellectual property rights regarding the Works, RIMA GLOBAL GROUP LLC – B2BMELODY.COM is the sole holder of the intellectual property rights relating to the trademarks, patents, software, logos, graphics, photographs and animations contained on the Services. They may not be reproduced without RIMA GLOBAL GROUP LLC – B2BMELODY.COM’s express consent.
RIMA GLOBAL GROUP LLC – B2BMELODY.COM hereby grants You a license to use them, strictly limited to accessing, downloading, reproducing on any digital media and use them, for private and personal purposes only, within the framework of Your use of the Services and for such time as You are registered for the Services.
CLAUSE 7. LIABILITY
7.1 – RIMA GLOBAL GROUP LLC – B2BMELODY.COM’s responsibility
RIMA GLOBAL GROUP LLC – B2BMELODY.COM may not be held liable neither regarding third party content and services described in paragraph 7.2, nor for the content published on Services by Users, without a prior notification.
RIMA GLOBAL GROUP LLC – B2BMELODY.COM may not be held liable in case of any damages, direct or incidental, including but not limited to profit or customers loss, loss of data or information stored on the Services, all Users being advised to store a backup copy of all their data and contents stored on the Services.
7.2 – Services and contents provided by third parties
RIMA GLOBAL GROUP LLC – B2BMELODY.COM’s Services may include links to other websites, and services and contents provided by third parties, including but not limited to social networks sharing buttons (for example Twitter and Facebook). RIMA GLOBAL GROUP LLC – B2BMELODY.COM does not have the control on these services and contents nor on websites accessible by said links.
CLAUSE 9. SEVERABILITY
CLAUSE 10. APPLICABLE LAW
Any dispute relating to their interpretation shall be referred to the New Mexico jurisdictions excluding any other competent jurisdiction.