Terms can be complicated and a lot to read. Terms are particularly important for artists and listeners where copyright laws, lawsuits, and a variety of associated issues surround the music industry. Fret not, we're not out to screw you.
If you have any questions please contact us at legal@thenextbigsound.com
By displaying or publishing ("posting") any Content on or through The Next Big Sound, Inc. Services, you hereby grant to The Next Big Sound, Inc. a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through The Next Big Sound, Inc. Services, including without limitation distributing part or all of The Next Big Sound, Inc. Website in any media formats and through any media channels. This limited license does not grant The Next Big Sound, Inc. the right to sell or otherwise distribute your Content outside of The Next Big Sound, Inc. Services. After you remove your Content from The Next Big Sound, Inc. Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside The Next Big Sound, Inc. Website you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside The Next Big Sound, Inc. Website as soon as practicable after you make the change.
The license you grant to The Next Big Sound, Inc. is non-exclusive (meaning you are free to license your Content to anyone else in addition to The Next Big Sound, Inc.), fully-paid and royalty-free (meaning that The Next Big Sound, Inc. is not required to pay you for the use on The Next Big Sound, Inc. Services of the Content that you post), sublicensable (so that The Next Big Sound, Inc. is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide The Next Big Sound, Inc. Services), and worldwide (because the Internet and The Next Big Sound, Inc. Services are global in reach).
The Next Big Sound, Inc. has the right to use an artists’ songs for promotional use provided that the artist agrees to the terms. Artist will be notified when his/her material will be used. In the case that artists prefer to be excluded from such promotional material The Next Big Sound will abide by their wishes.
You represent and warrant that: (i) you own the Content posted by you on or through The Next Big Sound, Inc. Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through The Next Big Sound, Inc. Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. The Next Big Sound, Inc. hereby grants you a limited, revocable, non-sublicensable license to reproduce and display The Next Big Sound, Inc. Content (excluding any software code) solely for your personal use in connection with viewing The Next Big Sound, Inc. Website and using The Next Big Sound, Inc. services.
The Next Big Sound, Inc. may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of The Next Big Sound, Inc. violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. The Next Big Sound, Inc. assumes no responsibility for monitoring The Next Big Sound, Inc. Services for inappropriate Content or conduct. If at any time The Next Big Sound, Inc. chooses, in its sole discretion, to monitor The Next Big Sound, Inc. Services, The Next Big Sound, Inc. nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of The Next Big Sound, Inc. Services, and any material or information that you transmit to other Members and for your interactions with other Users.
Protecting Copyrights and Other Intellectual Property. The Next Big Sound, Inc. respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. The Next Big Sound, Inc. has the right to terminate the Membership of infringers.
Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.
Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.
You expressly understand and agree that under no circumstances shall The Next Big Sound, Inc. or its licensors be liable to any user on account of that user's use or misuse of and reliance on the products and services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if The Next Big Sound, Inc. or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the products and services, from inability to use the products and services, or from the interruption, suspension, or termination of the products and services (including such damages incurred by third parties).
Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as by reason of any information or advice received through or advertised on the products and services or received through any links provided in the products and services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the products and services or any information or merchandise that appears on, or is linked or related in any way to, The Next Big Sound, Inc.. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.
Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of profiles, artist pages or other content stored throughout The Next Big Sound, Inc.
Under no circumstances shall The Next Big Sound, Inc. or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
It is the policy of The Next Big Sound, Inc. to respond expeditiously to claims of intellectual property infringement. The Next Big Sound, Inc. will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, The Next Big Sound, Inc. will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The Next Big Sound, Inc. will terminate access for Listeners or Artists who are repeat infringers. Notices of claimed infringement should be directed to:
General Council
The Next Big Sound, Inc.
2149 Sherman Ave.
Evanston, IL 60201
Telephone: (404) 314-8998
E-mail: legal[at]thenextbigsound[dot]com
Please put "Notice of Infringement" in the subject line of all such notifications. When The Next Big Sound, Inc. removes or disables access to any material claimed to be infringing, The Next Big Sound, Inc. may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although The Next Big Sound, Inc. makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. The Next Big Sound, Inc. will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before The Next Big Sound, Inc. replaces or restores access to any material as a result of any counter notification.
The Next Big Sound, Inc. is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to The Next Big Sound, Inc., we would like to hear them — but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea or related materials to The Next Big Sound, Inc. be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or any related material to The Next Big Sound, Inc. you are waiving any and all rights that you may have in the idea or any related materials and are representing and warranting to The Next Big Sound, Inc. that the idea and/or related materials are wholly original with you, that no one else has any rights in the idea and/or materials and that The Next Big Sound, Inc. is free to implement the idea and to use the materials if it so desires, as provided or as modified by The Next Big Sound, Inc., without obtaining permission or license from any third party.
To download the ringtone you must click on the link that is sent to you via text message. The Next Big Sound does not charge you for the ringtone download however standard carrier and other charges may apply from your wireless carrier. At any time, send HELP for help to 70734. The ringtone will only work on compatible handsets in the U.S. and only on the following carriers: AT&T, Cellular One Dobson, Sprint and T-Mobile. If you have any questions please call 877-806-3596 or email support@textopoly.com.