Terms and Conditions
These terms and conditions (the “Terms”) govern your access to and use of BAD KIDS KORP’s websites and mobile applications (“Site”). By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with BAD KIDS KORP (“BKK”). It is important that you read carefully and understand the Terms. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Any references to “you” and “your” refer to you, as a user of the Site. References to “we”, “us” and “our” refer to BKK.
1. CHANGES TO THE TERMS AND CONDITIONS
We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. All material modifications will apply prospectively only. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.
2. USING THE SITE
- Permission to Use the Site: We grant you permission to use the Site subject to the restrictions in these Terms. We may terminate your permission to use the Site or register for membership and classes for any conduct that we consider to be inappropriate, or for your breach of these Terms, including the Restrictions listed in paragraph 4. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
- Site Availability: The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to BKK.
- User Accounts: You may need to register to use part of the Site. We may reject or require that you change any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you are responsible for any use of your username and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your username and password, or your Site account. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever. Furthermore, we reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security.
- Account Deletion: By deleting your account, BKK can confirm that your personal data, including contact information, music and submissions, will all be removed from our site. However, if creating a new account, you will have to use another email address.
BKK’s Right to Use Your Content: By uploading files, inputting data, or engaging in any other form of communication through this Site, you are granting BKK permission to:
(1) View, play, share, transmit, publicly perform, or display any such communication; and
(2) Allow third parties the same permissions.
The individual uploading a submission/track(s) agrees to the following:
- All works are original and fully comply with copyright law.
- All completed works must be registered by BMI, ASCAP, SESAC or other PRO agencies, in order to be considered for a synchronization.
- All master recordings are solely owned by the artist or otherwise legally owned by partners/band etc. and therefore has the full right, power and authority to upload any works on the BKK platform.
- The artist warrants and represents that all material submitted by artist to BAD KIDS KORP is artist’s original work and does not infringe the rights of any other person, including, but not limited to copyright, samples, trademark, service mark, or right of privacy or publicity. The artist agrees to defend, indemnify, and hold harmless BAD KIDS KORP against any loss or damage arising from any claim by any person for infringement or violation of any such rights.
- BKK would encourage that we have assurances from the rights holders that the tracks will or will be fully registered with the relevant PROs ahead of submissions or transmission for sync placements.
- Disputes over shares or a mixture of published and un-published writers sharing writing credits or if it is not possible to locate the final owner(s) add complications and BKK may charge a fee for non-cleared music and due diligence.
- If your track is chosen for a film and that particular track for whatever reason falls outside of the clearances or you cannot locate the clearance information you need you will need to approach both the label and publisher on your behalf to clear the track directly and efficiently. We do not clear sampled music on your behalf. All music must be free and clear and master and publishing controlled 100% by creator.
- Failure to clear the necessary rights could result in unforeseen costs to you further down the line or even a lawsuit. BKK is not accountable for disputes and claims made against your submission as explained in our terms and conditions.
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including, without limitation, any bulletin boards, chat rooms, or other online services and programs provided on this Site). We do not review every message or confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings and are not responsible for the content of any postings. We do not vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of BKK, its labels, or any person or entity associated with BKK. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
- You agree not to, and will not assist, encourage, or enable others to use the Site to:
- Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
- Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
- Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
- Engage in commercial activity without BKK’s prior written consent;
- Solicit, request or collect personal information for commercial or unlawful purposes;
- Solicit personal information from minors;
- Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
- Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or
- Impersonate any other individual or entity.
- You also agree not to, and will not assist, encourage, or enable others to:
- Restrict or inhibit any other user from using and enjoying the Site (for examples, by means of hacking or defacement);
- Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- Record, process or mine information about other users;
- Reformat or frame any portion of the Site;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on BKK’s technology infrastructure or otherwise make excessive traffic demands of the Site;
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of the Site.
5. UNSOLICITED SUBMISSIONS
BKK and its employees do not accept or consider unsolicited sound recordings, musical compositions or any other creative materials (collectively, the “Submission”). If, despite our policy, you still have submitted unsolicited material to us then BKK will not be obligated to treat your Submission as confidential or proprietary and, by making such a Submission, you will be deemed to have acknowledged that i) BKK has no obligation and shall not be liable to you or to any person claiming through you based on such Submission and ii) you relinquish any claim whatsoever based upon your submission.
7. THIRD PARTIES
The Site may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, BKK does not operate, control or endorse any information, products, or services on any Third-Party Site. You agree that we are not responsible for the availability or contents of any Third-Party Sites and that your use of any Third-Party Site is at your own risk.
You agree to indemnify, defend and hold harmless BKK and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. BKK reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
9. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BKK AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
- THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. BKK MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, BKK IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF THE SITE.
- BKK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
- BKK, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY THIRD-PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES AND/OR ANY THIRD-PARTY SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- BKK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY THIRD-PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- BKK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY THIRD-PARTY SITE.
- BKK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THE SITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THE SITE.
10. VOID WHERE PROHIBITED
Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. BKK reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.
11. MAKING PURCHASES
If you wish to purchase products or services described on the Site, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction, you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. BKK will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. BKK does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
12. RULES FOR PROMOTIONS
This Agreement shall in all respects be subject to the laws of the State of California, and the Federal laws of the United States of America, as applicable, the parties hereby agree to attorn to the jurisdiction of the courts in the State of California, with respect to any disputes related to the agreement herein.
14. GENERAL TERMS
- In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
- The Terms contain the entire agreement between you and us regarding the use of the Site and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
- Any failure by BKK to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- The Terms are not assignable, transferable or sublicensable by you except with BKK’s prior written consent but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
15. GOOD FAITH
If you believe in good faith that BKK should be notified of a possible online copyright infringement involving any BKK site, please notify BKK’s Business and Legal Affairs Department,