1. Introduction SoundCloudfollowers.org is committed to protecting your privacy online. We are also committed to providing you with the very best experience we can on our website. In order to enhance your experience at our site we gather certain personal information about you that helps us customize our content to your tastes and preferences. Please read the following policy to understand how your personal information will be treated as you make full use of our website. This policy may change from time to time so please check back periodically.
2. What information do we collect? We may collect, store and use the following kinds of personal information: (a) Information about your SoundCloud, Spotify, & YouTube accounts and about your visits to and use of this website (including your browser type and version, length of visit, geographical location, IP address(es), operating system, referral source, keywords associated with your website visit, page views and website visit paths); (b) Information that you provide when completing your profile on Soundcloud, Spotify, or YouTube. (including your name, artist name, profile pictures, gender, date of birth, location, song information, and profile statistics.); (c) Information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including number of download gateways, gateway statistics and information, time and number of visits, upload links, and uploaded files.); (d) Information that you post to our website for publication on the internet (including your uploaded files, file links, artist information, additional accounts followed); (e) And any other personal information that you choose to send us. Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.
3. With whom do we share your information and for what purpose? Soundcloudfollowers.org does not sell, rent, or trade your personal information with others. However, when one or more of our business partners co-sponsor a service, promotion and/or contest, we may share some or all of the information collected in connection with such service, promotion or contest with the co-sponsor(s). If you do not want your information to be shared, you will be able to choose not to allow the transfer by not using or signing up for that particular service, promotion or contest. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy. We may disclose your personal information to any member of our group of companies (this means our subsidiaries, affiliates, or our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy. We may disclose your personal information: (a) to the extent that we are required to do so by law; (b) in connection with any ongoing or prospective legal proceedings; (c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); (d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and (e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information. Except as provided in this policy, we will not provide your personal information to third parties.
4. What do we do with the information we collect? Soundcloudfollowers.org primary goal in collecting personal information is to provide you, the user, with a customized experience on our website. The information we collect may be used to provide such capabilities as personalization services, interactive communications, online shopping, and personalized communication between you and the artists, labels, or listeners you prefer. We may also use the information to estimate the size of our audience and measure certain traffic patterns, to track visits to and business conducted on particular website pages, to notify our visitors about updates to our website, to contact you for marketing purposes, to contact you on behalf of certain artists and other third parties and deliver targeted advertisements that may be of interest to you. We may occasionally contact you with information regarding special events at Soundcloudfollowers.org. In addition, if we feel that a user abuses the Soundcloudfollowers.org site in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement and possible libel and slander.
11. Our details This website is owned and operated by Omari MC. This website backend code was originally written by Softprogramming.
Set forth below are the terms and conditions (these "Terms and Conditions") governing the Soundcloudfollowers.org website located at, or linked to through, the root URL www.Soundcloudfollowers.org, which may expand or change from time to time (the "Website"). As used herein, the term "Owner" refers to Omari MC, the sole owner and operator of the Website; the term "you" “Artist” or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
Use of Materials Found on the Website: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable Website program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on the Website server, except where explictly allowed to do so. You should not attempt to claim any Materials as your own work. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement. Before using any Soundcloudfollowers.org logo or trademark, please contact www.omarimc.com/contact.
Copyright and Trademark Infringement Policy and Notification Procedure: Soundcloudfollowers.org does not own the musical compositions, sound recordings, art or other written or visual images (collectively, the "Content") posted by third parties to the Website. All Content is posted by an individual, group or company (collectively, the "Artist") who has represented and warranted to Soundcloudfollowers.org that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted (collectively, the "Name") infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights. Users are subject to clear any samples on any compositions posted.
Since Soundcloudfollowers.org is not in a position to determine who has the prevailing claim to use any particular Content or Name posted to the Website, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Content and/or Name (the "Complainants") and the Artists. We recommend that Complainants immediately notify Artists about allegations of infringement by finding their contact information on SoundCloud, Spotify, or YouTube. It has been Soundcloudfollowers.org's experience that most Artists are honest and responsible citizens who may not realize they are engaged in infringing activities. Typically, once notified of a claim, Artists voluntarily cease using such infringing Content and/or Name on the Website and elsewhere. Complainants may notify Soundcloudfollowers.org concerning any Content and/or Name being used on the Website in violation by contacting www.omarimc.com/contact. Soundcloudfollowers.org only shall use information provided by Complainants in accordance with its then-current Policy and as reasonably necessary to address any allegations contained therein, which may include disclosing some or all of the information to Artists. In most cases, soon after receiving written notice alleging infringement, Soundcloudfollowers.org either will remove the allegedly infringing Content and/or Name from those web pages identified or, at its election, remove those web pages.
Your Conduct: You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Soundcloudfollowers.org's express prior approval, contains advertising or any solicitation with respect to products or services. In addition, if we feel that a user abuses the Soundcloudfollowers.org site in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, and possible libel and slander. Soundcloudfollowers.org reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion and without notification. Content: The Website offers a wide selection and variety of content to our members and users. Content may contain profanity or otherwise inappropriate or offensive material for children or other members and/or users. Members and/or users must evaluate and bear the risk associated with the use of the Website and related services. Soundcloudfollowers.org suggests that parents should supervise their children’s on-line activities and consider using parental control tools available to help provide an appropriate on-line environment for their children. Users are also encouraged to contact Soundcloudfollowers.org for evaluation of possible offensive material. Soundcloudfollowers.org reserves the right to act on such notices at its sole discretion.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Soundcloudfollowers.org MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, Soundcloudfollowers.org MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. Soundcloudfollowers.org WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL Soundcloudfollowers.org BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability. By availing yourself of the Website, Materials or related services, you agree to release and hold Soundcloudfollowers.org and the employees, officers, directors, shareholders, agents, representatives of Soundcloudfollowers.org, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Soundcloudfollowers.org, any third-party providers or sources of information or data and legal advisers (collectively, "Soundcloudfollowers.org Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Soundcloudfollowers.org that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold Soundcloudfollowers.org Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL Soundcloudfollowers.org BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF Soundcloudfollowers.org WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Georgia as such laws are applied to agreements entered into and to be performed entirely within Georgia between Georgia residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Atlanta, Georgia, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Soundcloudfollowers.org's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Age requirements for use of the Service: This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. Modification of Terms and Conditions: From time to time Soundcloudfollowers.org may modify these Terms and Conditions in its sole discretion. When such modification is made, Soundcloudfollowers.org will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. Soundcloudfollowers.org is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you visit to the Website, you will be deemed to have accepted any such modifications.
1) Accountings & Audits All statements shall be binding upon Artist and not subject to objection by Artist unless specific objection in writing, stating the basis thereof, is given to Website within two (2) years from the date the statement is rendered, viewed, and/or downloaded. Artist shall have two (2) years from the date each statement is rendered, viewed and/or downloaded to conduct an inspection of Website’s books and records specifically relating to Artist’s sales and payment activity. Such inspection shall take place at the location where Website normally keeps such books and records and shall be conducted during normal business hours. All such inspections shall be made upon prior written notice to Website at least thirty (30) days prior to the date Artist intends to conduct such inspection. Artist may only inspect records relating to each statement once and may only conduct such an inspection once a year. Website shall have the absolute right in accounting to Artist to rely upon the statements received by Website from third parties and shall not be liable in any manner whatsoever for any error, omission, or other inaccuracy of any such statement(s) or information received by Website. However, if Website knows or has a reliable business reason to know of an error, omission or other inaccuracy in such third party statement or information, Website shall promptly act to correct it and when corrected, Website shall appropriately correct Artist’s statement and Revenue.
7) Confidentiality Website and Artist shall keep the terms and conditions of this Agreement confidential both during the Term and thereafter, and shall not disclose any information concerning the terms and conditions of this Agreement to any other person or entity. Each party may refer generally to the existence of this Agreement but shall not reveal the terms of this Agreement, including but not limited to the payment provisions, other confidential information, proprietary information, business plans, business models, customers, clients, technology, products, or any other information which either party identifies as confidential (collectively, the “Confidential Information”) without the prior written consent of the other party. Either party may disclose the Confidential Information on a “need to know” basis to its attorneys, financial, and other advisors who are under a duty of confidentiality to the disclosing party without the prior written consent of the other party so long as those agents are informed of this Confidentiality provision and agree to be bound by it and maintain the Confidential Information confidential. If required by law or governmental regulation, either party may disclose the Confidential Information only after it provides the other party with notice of the potential disclosure and the other party has the opportunity to narrow the information to be disclosed or dispute the disclosure. Nothing in this provision shall prohibit either party from disclosing that an agreement exists between Artist and Website so long as the terms and conditions of this Agreement are not disclosed.
9) Indemnification Each party (the “Indemnifying Party”) will indemnify, defend, and hold harmless the other party and its affiliates, their respective officers, directors, employees, and agents (“Indemnified Party”) from and against any and all losses, liabilities, claims, obligations, costs, and expenses (including reasonable attorney’s fees) which result from or arise in connection with or are related in any way to a breach by the Indemnifying Party of any of its representations and warranties in this Agreement. If a third party asserts a claim or allegation which, if proven, would constitute a breach by the Indemnifying Party of any of its representations, warranties, covenants and or obligations under this Agreement, the Indemnified Party shall promptly notify the Indemnifying Party in writing. The Indemnifying Party shall have the right at its own expense to participate in the defense thereof with counsel of its own choosing, provided however that the Indemnified Party’s decision in connection with the defense or settlement of any such claim or demand shall be final. No Indemnified Party shall effect any settlement of any pending or threatened proceeding with respect to which indemnity could have been sought under this Agreement by the Indemnified Party without the prior written consent of the Indemnifying Party. Artist shall indemnify the Website, its officers, directors, employees, and agents from and against all third party claims, actions or demands against the Website for use of the Content as granted in this Agreement which may constitute infringement of copyright and/or trademark, and violate rights of privacy and/or publicity. User explicitly indemnifies the Website from and against any and all actions, demands, or claims brought against the Website for non-payment or insufficient payment of mechanical royalties.
10) Termination After the Initial Term, Artist may terminate this Agreement upon sixty (60) days written notice to the Website and the Website must confirm in writing receipt of such notice. Upon termination or expiration of this Agreement, the rights granted to the Website hereunder shall automatically revert to Artist. Additionally, Artist may, upon sixty (60) days written notice to the Website, terminate this Agreement with respect to any particular Master, Composition or Additional Work without effecting this Agreement for the remaining Masters, Compositions and/or Additional Works. After the Initial Term, the Website has the right to terminate this Agreement upon sixty (60) days written notice to the Artist Notwithstanding the foregoing, should the Website file for chapter 7 or chapter 11 bankruptcy proceeding, termination of this Agreement is immediate and all Content shall be returned to the Artist.Upon termination or expiration of this Agreement for any reason, the Website shall cease all use and distribution of the Content and shall demand that the Website Partners cease all use and distribution of the Content. The Website shall promptly delete all forms of the Content from its website and demand that Website Partners delete all forms of Content from their websites within sixty (60) days of termination of this Agreement.
12) Mediation & Arbitration If a dispute arises out of or relates to this Agreement, or if there is a breach of this Agreement, and the dispute cannot be settled or resolved, then the dispute or breach shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The controversy or claim shall be settled by three (3) arbitrators, and all hearings shall be held in Atlanta, Georgia. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. In rendering the award, the arbitrators shall interpret this Agreement in accordance with the substantive laws of Georgia without regard to its conflict of laws rule. Notwithstanding the foregoing, if a third party claim is brought against Website for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of Content which is contrary to the rights granted by Artist to Website in this Agreement, the Website shall not be bound by this Arbitration provision and may defend itself and make a claim against the Artist in the appropriate court of law and/or equity.13) Miscellaneous Under no situation or circumstance shall the Website be required to accept any or all Content submitted by Artist. Artist has none of the rights granted under this Agreement unless Website officially accepts Content in writing (including via e-mail). Website will use reasonable efforts to make the Content available for sale on third party services, carriers, websites, and/or other platforms but makes no guarantee as to the timeliness of such availability or the manner in which it is presented by Website Partners to the public. Artist understands and agrees that Website shall not be liable for any actual or potential lost revenue due to a delay or failure to have the Content available via third party services, carriers, websites, and/or other platforms. However, Website will work with Artist and Website Partners to facilitate as many of Artist’s preferences as possible. If any part of this Agreement is deemed invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of this Agreement, which shall remain in full force and effect as if such invalid or unenforceable provision(s) were not a part hereof. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, executors, successors in interest, and assigns.
In entering into and performing this Agreement, Artist and Website each have the status of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture between the parties and neither is the other’s partner or employee. This Agreement, the attached Exhibits and any Addendums contain the entire understanding between the parties with respect to the subject matter hereof and may only be modified, altered, or amended by a written agreement signed by all parties. For purposes of this provision, a written modification, alteration, or amendment shall include e-mail transmission with proof of receipt and acceptance by the receiving party.
Artist agrees that it enters into this Agreement with all knowledge of its terms, freely and voluntarily, and with a complete understanding of all the consequences of entering into this Agreement. Artist acknowledges that it has been represented in the negotiation and execution of this Agreement by an independent attorney of Artist’s choice who is familiar with the practices of the entertainment industry or Artist has willingly refrained from so doing. Subject to and in accordance with paragraph 12 above, this Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law principles. All notices and communication desired or required between the parties may be made via e-mail transmission, provided however that the sending party obtain proof of receipt of such communication by the recipient either by return e-mail, follow up telephone call, or facsimile. Notices that pertain to any claim referenced in paragraph 9 shall be given in writing and delivered in any of the following ways: personally, via a commercial carrier which provides proof of delivery whether or not such delivery is made overnight with the postage prepaid. The Parties have entered into this Agreement on the date first written above.