Terms and Conditions
This is a legal agreement (“Agreement”) between and among you and Club G Music, and any other entity affiliated with Club G Music, ICNY Enterprise Co. Ltd. (collectively, “Club G Music”) stating the terms that govern your (i.e., customer, registered user, website visitor, artist, brand, etc.) use of the Club G Music website, including any Club G Music webpage or application, each of these webpages and the services available through them are individually and collectively referred to in this Agreement as the “Website”, as the context requires, including, without limitation, any mobile version.
By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Club G Music reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
1. In order to use the services offered on this Website, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to Club G Music: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf.
Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
2. All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes, and all artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Club G Music, and is protected by international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Club G Music or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is “Products,” which is certain Content made available by Club G Music for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided for by Club G Music.
3. When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Club G Music shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Club G Music reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
4. Account Registration
(a) To use certain services of the Website you must register and provide certain information (e.g. a member username, password, billing information, and valid email address) to Club G Music (“Registration Data”) for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and streaming to all sections of the Website. Club G Music may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Club G Music, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Club G Music may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Club G Music immediately of any unauthorized use of your password and/or Account. Club G Music shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Club G Music, its partners, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Club G Music shall have the right to terminate your Account and pursue all available remedies at law.
5. By establishing an Account, you grant permission for Club G Music to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your accounts settings.
6. You are responsible for any hardware, systems and/or software program you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee your access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, please contact the Customer Support team. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
7. You agree to pay for all for-fee Products that you purchase through the Website. Club G Music may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Club G Music to charge your credit card for the above at Club G Music’s convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING CLUB G MUSIC WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Club G Music may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Club G Music may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Club G Music will not be liable to you or to any third party should it exercise such rights.
8. Prices and availability of Content offered through the Website are subject to change at any time. Club G Music does not provide price protection or refunds in the event of a price drop or promotional offering.
9. Each Download Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Club G Music charts and other marketing data, Club G Music reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Club G Music’s sole discretion, falsely inflate sales data.
10. All sales are final and all charges from those sales are nonrefundable. Club G Music will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Club G Music.
11. Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Club G Music reserves the right not to accept end user orders with prices based upon typographical errors.
12. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
13. Your receipt of an electronic or other form of confirmation does not (1) constitute Club G Music’s offer to sell or (2) convey Club G Music’s acceptance of your order. Club G Music reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, Club G Music reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Club G Music chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.
14. Club G Music currently accepts Visa, Master Card, and PayPal. Club G Music does not accept cash, money orders, or checks. Club G Music reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Club G Music, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder.
15. Club G Music accepts the following currencies: US Dollars, Euro, and British Pound. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.
16. Club G Music may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Club G Music (“Content Rules”) and/or copyright law and described in this Agreement or on the webpage where you acquire access to such Content. You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. CLUB G MUSIC RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content may be heard or viewed, but not downloaded, for later playback. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Stream.
A “Download” is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Club G Music shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use, unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the international copyright and intellectual property laws.
17. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, and/or Streams. You may not create any “derivative works” by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of international copyright law.
18. Club G Music may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
19. Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
20. The Website may contain features designed to help users, artists, labels or brands (collectively a “user” or “users”) find and/or exploit Content of personal interest by creating landing pages, pubic profiles, generating short URLs and/or viewing Content that other users or artists have sampled, streamed, uploaded and/or downloaded. These features may include access to a user’s collection of Content. CLUB G MUSIC HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Club G Music is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile, or send to another user.
21. No two users or artists can have the same Club G Music Username or Artist name (collectively, “Club G Music Username”) on the Club G Music platform. Club G Music Usernames are provided on a first-come basis.
Club G Music will not typically intervene in Club G Music Username disputes. Disputes should be resolved between the parties. However, Club G Music reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or artist to modify his/her Club G Music Username in situations where:
(a) an account has been inactive for a period of time;
(b) Club G Music determines that a Club G Music Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by Club G Music to be otherwise misleading;
(c) Club G Music suspects that a Club G Music Username is being squatted;
(d) the registered Club G Music Username is that of a more established, well-known artist, and Club G Music’s decision not to reassign the Club G Music Username will lead to consumer confusion; and
(e) Club G Music has determined, in its own discretion, the situation is such that removing or reassigning the Club G Music Username is most appropriate under the circumstances.
Any attempts to sell, buy, or solicit other forms of payment in exchange for a Club G Music Username is strictly prohibited and may result in permanent account suspension.
22. Club G Music may permit users to create customized landing pages and post or upload content, including mixes, tracks, playlist compilations, performances, videos, pictures, messages, texts, logos, and other content made available by individual artists, labels, brands, and/or users for the purpose of sharing with Club G Music users (“User Content”). You are solely responsible for any User Content you may provide and for any consequence thereof. By uploading User Content, you represent and warrant that (i) you own or otherwise control all applicable rights to the User Content, (ii) have the necessary rights to post, upload, transmit or display the User Content on Club G Music, and (iii) that such User Content, or its use as contemplated by this Agreement, does not: (a) violate this Agreement, applicable law, or the intellectual property or publicity rights of others; (b) imply an affiliation, endorsement, approval or cooperation with you or your User Content by Club G Music or any unwilling, or unknowing, third-party, without that party’s express written consent, or (c) cause injury to any person or entity. You agree to defend indemnify and hold harmless Club G Music, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from User Content. You agree that any loss or damage of any kind that occurs as a result of the use of any User Content you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility. The rights granted herein shall inure for so long as the User Content is provided by you on the Club G Music Website. Except from those rights specifically granted herein, you shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on Club G Music. Club G Music reserves the right to remove any User Content, for any reason or no reason at all, including, but not limited to, copyright violations, derogatory or offensive content, User Content that is deemed to be a third-party advertisement or promotional in nature, or User Content that violates this Agreement. Club G Music reserves the right to terminate the user account and artist profile of users who are repeat offenders of this copyright policy. Club G Music does not monitor, review, edit, or endorse User Content. If you believe that User Content violates your intellectual property, please review the “Report Copyright Infringement” page for instructions on how to file a copyright claim with Club G Music.
23. You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials
(a) that are illegal, obscene, threatening, of a spamming nature, defamatory, or invasive of privacy;
(b) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party;
(c) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system;
(d) provide links to unapproved third party sites; or
(e) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
24. By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Club G Music may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Club G Music’s use of such Content exploits any proprietary rights you may have in such material, you agree that Club G Music has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
26. All copyrights in and to the Website (including the organization of content and charts,) and software, are owned by Club G Music and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Club G Music and/or is licensors.
27. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Club G Music and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
28. Club G Music respects the rights of copyright owners. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the Content other than for the purposes stated for herein are prohibited.
If Club G Music receives a notice alleging that you have engaged in behavior that infringes Club G Music’s or an other’s intellectual property rights or reasonably suspects the same, Club G Music may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
If you believe that any information or material on the Website constitutes copyright infringement, instructions on how to file an infringement claim with Club G Music can be found here : Report Copyright Infringement.
29. By using the Website you agree to defend, indemnify and hold harmless Club G Music and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Club G Music and its agents, representatives, employees, licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
30. If you fail, or Club G Music suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Club G Music with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Club G Music believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, squatting usernames or profile accounts, using vulgar or offensive language or images in any profiles or uploaded Content, or any other violation of this Agreement or any license to the software, Club G Music, at its sole discretion, without notice to you, may:
(a) terminate your Account, and/or
(b) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available. In such case, you will remain liable for all amounts due under your Account up to and including the date of termination.
31. Disclaimers and Limitations of Liability.
(a) You agree that from time to time Club G Music may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.
(b) Club G Music makes no warranty that any particular CD burner, browser, software, hardware, or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Club G Music be liable for any unauthorized use of the Website or its Content.
(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Club G Music shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages.
(e) All Content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Club G Music makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Club G Music makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you may obtain from the Website is free of viruses.
(f) Club G Music specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if Club G Music has been advised of the possibility of such damages, including but not limited to reliance by any party on any Content obtained through the use of the Website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.