Terms & Conditions

These terms and conditions have been put in place to ensure this initiative will run smoothly and the relationship between musician and venue is mutually beneficial. 

This is predominantly an honesty system – don’t be dishonest and fuck it up for the rest of the people out there who are working super hard to achieve something in an industry that is so difficult to achieve in.

BANDS

1. One login per musician or band

2. This platform is only for bands that are on tour

3. Bands must show a level of interaction with the chosen venue in order to hold up their end of the deal by cross promoting, checking in, taking a pic, tagging or rating the business. We understand everyone markets themselves differently, you do have a choice as to which way you would like to go about it, but you must take one avenue.

4. Bands can only eat once at the chosen venue per tour.

5. When eating at a venue, musicians are limited to one item per person and this can be chosen at the venue's discretion. 

6. Bands cannot eat at venues in their anchor hometown.

7. If a musician or band is found to be abusing the system in any way they will be reported and removed from the platform. The music world is a small community. The venues that are helping with this cause are doing it out of the goodness of their hearts – again, don’t abuse it and ruin it for everybody else. 

8. There is a $20 sign up fee for the musician or band – this is a one off fee, it will help cover the set up as well as ongoing maintenance and upkeep of the platform. You will basically make this back your first meal.

9. Venues cannot guarantee a seat, it is best to always message via the app or call ahead.

10. “Currently touring” will highlight on your profile to help the venues know when a band is on tour – this will also help alert the public that you are on tour and to check you out.

11. TOURING - the definition to feed music is 3 or more dates in a row 100km or more from your anchor home town.

Venues

These terms & conditions are a guideline to assist the venues, however they are all at the venue's discretion. 
1. One free meal per visit - however this is up to individual venues to set parameters.

2. The business will have its own Profile on the feed music website which will display what the venue will offer, for example  if it will allow multiple visits, is it a set menu etc.

3. As a venue you have the option to choose what is available to the artists as a meal. a set menu, single item from the menu or even allow them to choose one thing of their choice off the menu.

4. One meal per person

5. One visit per tour per venue - again at venues discretion, venues are obviously more than welcome to invite the bands back.

6. You may turn off your location at any time - however it is encouraged to do this out of necessity. 

7. Bands that have been verified on the program will be registered on the website, it is the venues responsibility to check that they are verified members of the platform.

TERMS OF USE

Feed Music Terms of UseLast updated 16 July 2023

Please read these Terms of Use (“Terms”) carefully; these are our house rules, which you agree to by using feedmusic.org, other websites we operate, or our mobile apps (collectively, the “Site”), and/or any services provided byFeed Music Inc. and/or Feed Music Pty Ltd (collectively with the Site, the “Services”,as further described herein).  

TheseTerms are a legally binding contract between you and Feed Music Inc. and/orFeed Music Pty Ltd (herein separately or collectively referred to as “FeedMusic,” “we,” “us” or “our”). Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms.  

If you do not agree with these Terms, you may not use our Services. We may update theseTerms from time to time in our discretion to modify, clarify, and/or terminate all or part of the Services.

If and when we do, we will update these Terms and may also send you an email or message about the changes. You may continue or discontinue using the Services at any time, subject to the terms of any otherAgreements you may have entered into with us or other users of the Services. Changes will be effective upon the posting of the changes unless otherwise specified.

You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Please note that Section 10 below (“Disputes with Feed Music”) contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

Use of the Services may involve transmission of data through your carrier or service provider’s network.  You are responsible for all data usage and fees and charges you may incur from your carrier or service provider in connection with or related to your use of the Services.

1.    Other DocumentsOur Services connect people and businesses around the world, both online and offline, to facilitate mutually beneficial connections and transactions between three user groups:  musical artists, brands/businesses, and music fans (collectively the “User Groups”), referred to hereunder respectively as “Artists”, “Brands” and “Fans”, and any configuration of any or all of those User Groups, either collectively or individually. Every Artist, Brand or Fan using any of our Services – and additionally visitors to the Site – agrees to and is bound by these Terms and our PrivacyPolicy (discussed below), and Artists, Brands and Fans will also be required to agree to additional terms as part of setting up their Accounts (these additional terms are referred to as “User Agreements”).Depending on which User Group you belong to and how you use the Services you will be required to follow the rules of engagement, and fulfil terms and conditions, provided in subsequent agreements that are furnished by us for purposes of regulating the relationships facilitated by the Services between members of the User Groups (“Offer Agreements”).

Offer Agreements may be bespoke or automated and may be between participants in one or more of the User Groups or may be between participants from any two, or all three, of the User Groups.  Access to the User Agreements and the OfferAgreements is limited to members of User Groups who establish an Account with us as described in Section 3 below.  TheseUser Agreements and Offer Agreements are part of our Terms, so be sure to read the ones that are applicable to you.  

2.    Your Privacy We know your personal information is important to you.  Our Privacy Policy details how yourinformation is collected, used and shared when you use our Services.  By using our Services,you are also agreeing that we can process your information in the ways set outin the Privacy Policy, so please read it here[DJ1] .

3.    Your Account with Feed Music You may needto create an account with Feed Music to use certain of our Services (an“Account”). Here are a few rules about Accounts with Feed Music:

A.Age. You must be at least 18 years of age or the age of majority in thejurisdiction of your residence to establish an Account with us. If you are at least 13 years of age but are not yet 18 or the age of majority, you may only use an Account established by your parent or legal guardian with their permission and under their supervision. By using the Services you warrant that you meet one of these criteria. Accounts established by a Brand can only be established by authorized employees or representatives of the Brand.

B. Be honest.  Provide accurate information about yourself.  Please do not use false information or impersonate another person, group of people or business through your Account.

C. Conduct. You may not use language that is offensive, vulgar, infringes someone’s intellectual property or privacy rights, or otherwise violates these Terms.

D.You are responsible for your Account. You are solely responsible for any activity on your Account. If you share an Account with other people (e.g., if your Account is for an Artist that is a group of people), then the person associated with the email address used on the Account will ultimately be responsible for all activity. If you register on behalf of a Brand or on behalf of a multi-member Artist, you warrant and personally guarantee that you have the authority to agree to these Terms on behalf of the Brand or multi-member Artist.

E. Protect your password. Since you are solely responsible for anyactivity on your Account, please keep your Account password secure.

F. Our relationship.These Terms do not create anyagency, partnership, joint venture, employment, or franchisee relationshipbetween you, Feed Music, and/or any visitor to the Site or any member of anyUser Group, unless specified in a binding Offer Agreement.

4.    Your ContentContent thatyou post using our Services is your content (“Your Content”). We do not makeany claim to it, which includes anything you post using our Services (like bandor brand names, pictures and photos, videos, usernames,etc.).  Our Services allow you to post,link, store, share and otherwise make available certain information, text,graphics, videos, or other material.

A.Responsibility for Your Content. Youunderstand that you are solely responsible for Your Content. You represent andwarrant that: (i) you have all necessary rights to all parts of Your Content,(ii) you are not infringing or violating any third party’s rights by posting it,(iii) Your Content will not cause you or us to breach any law, regulation,rule, code or other legal obligation, and (iv) the Content will not or couldnot be reasonably considered to be obscene, inappropriate, defamatory,disparaging of any person or group of people, indecent, seditious, offensive,pornographic, threatening, abusive, liable to incite racial hatred,discriminatory, blasphemous, fraudulent, false, or deceptive, in breach ofconfidence, or in breach of privacy.

B.Permission to Use Your Content.By posting Your Content through our Services, you grant Feed Music and all usersof the Services (including without limitation visitors and members of any ofthe User Groups) a license to use it as otherwise described herein. We do notclaim any ownership to Your Content, but we have your permission to use it to help FeedMusic provide the Services.

C.Rights You Grant Feed Music. Byposting Your Content, you grant Feed Music a non-exclusive, worldwide,royalty-free, irrevocable, sub-licensable, perpetual license to use, display,edit, modify, reproduce, distribute, store, and prepare derivative works ofYour Content. This allows us to provide the Services and to promote Feed Music, or theServices in general, in any formats and through any channels, including acrossany Feed Music Services, our partners, or third-party website or advertisingmedium. You agree not to assert any moral rights or rights of publicity againstus for using Your Content. You also recognize our legitimate interest in usingit, in accordance with the scope of this license, to the extent Your Contentcontains any personal information.

D.Reporting Unauthorized Content. FeedMusic has great respect for intellectual property rights, and is committed tofollowing appropriate legal procedures to remove infringing content from theServices. If content that you own or have rights to has been posted to theServices without your permission and you want it removed, please follow thesteps listed in this section. (i) Copyright and the DMCA. The Digital Millennium CopyrightAct of 1998 (the “DMCA”)provides recourse for copyright owners who believe that material appearing onthe Internet infringes their rights under U.S. copyright law. If you believe ingood faith that materials on the Site or posted via the Services infringe yourcopyright, you (or your agent) may send us a notice requesting that thematerial be removed, or access to it blocked. We will process and investigatenotices of alleged infringement and will take appropriate actions under theDMCA and other applicable intellectual property laws with respect to anyalleged or actual infringement. Notices and counter-notices must meet the thencurrent statutory requirements imposed by the DMCA. Notices and counter noticeswith respect to the Site should be sent to us at:ByMail:FEEDMUSIC INC.79 Little Oxford St, Collingwood VIC 3066 ByEmail: legal@feedmusic.orgTobe effective, the notification must be in writing and contain the followinginformation:·      an electronic or physicalsignature of the person authorized to act on behalf of the owner of thecopyright or other intellectual property interest;·      a descriptionof the copyrighted work or other intellectual property that you claim has beeninfringed;·      a descriptionof where the material that you claim is infringing is located on the Site, withenough detail that we may find it;·      your address,telephone number, and email address;·      a statementby you that you have a good faith belief that the disputed use is notauthorized by the copyright or intellectual property owner, its agent, or thelaw; and·      a statementby you, made under penalty of perjury, that the above information in yourNotice is accurate and that you are the copyright or intellectual propertyowner or authorized to act on the copyright or intellectual property owner’sbehalf.If youbelieve that Your Content that was removed (or to which access was disabled) isnot infringing, or that you have authorization from the copyright owner, thecopyright owner’s agent, or pursuant to the law, to upload and use the contentin Your Content, you may send a written counter-notice containing the followinginformation to us:·      your physical or electronicsignature;·      identification of thecontent that has been removed or to which access has been disabled and thelocation at which the content appeared before it was removed or disabled;·      a statement that you have a good faith belief that the content wasremoved or disabled as a result of mistake or a misidentification of thecontent; and·      your name, address,telephone number, and email address, a statement that you consent to thejurisdiction of the federal courts located within New York County, New York, USA,and a statement that you will accept service of process from the person whoprovided notification of the alleged infringement.If a counter-noticeis received, we will send a copy of the counter-notice to the originalcomplaining party informing that person that wet may replace the removedcontent or cease disabling it in ten (10) business days. Unless the copyrightowner files an action seeking a court order against the content provider,member, or user, the removed content may be replaced, or access to it restored,in ten (10) to fourteen (14) business days or more after receipt of thecounter-notice, at our sole discretion.(ii) Repeat Infringer Policy. We, in our sole discretion, maylimit or terminate access to the Services for users who are deemed to be repeatinfringers. We may also in our sole discretion limit or prevent access to theServices by any users who infringe any intellectual property rights of others,whether or not there is any repeat infringement.E. No Liability for Third-Party Content.Under nocircumstances will we be liable in any way for any content uploaded by thirdparties or at the direction of users of the Services, including, but notlimited to, for any errors or omissions in any content, or for any loss ordamage of any kind incurred as a result of the use of any content uploaded oremailed via the Services. You acknowledge that we may not pre-screen content,but that we and our designees will have the right (but not the obligation) intheir sole discretion to refuse or remove any content that is available via theServices. You agree that you must evaluate, and bear all risks associated with,the use of any content, including any reliance on the accuracy, completeness,or usefulness of such content.

5.    Your Use of Our ServicesWe grant you alimited, non-exclusive, non-transferable, and revocable license to use ourServices, subject to these Terms and the following restrictions in particular:

A.Don’t Use Our Services to Break the Law.You agree that you will not violate any laws in connectionwith your use of the Services. This includes any local, state, federal, andinternational laws that may apply to you.

B.Pay Your Fees. Youare responsible for paying all fees that you owe to Feed Music or to any otheruser in connection with agreements you have made with them, including withoutlimitation fees under User Agreements and/or Offer Agreements

C. Don’tSteal. You agree not to crawl, scrape, or spider any page ofthe Services or to reverse engineer or attempt to obtain the source code of theServices without our express permission.  In addition, as an Account holder, you areprohibited from using the Services to obtain data or information about membersof User Groups for the purpose of transacting the sorts of business theServices contemplate outside of the Feed Music platform.

D.Don’t Try to Harm Our Systems. Youagree not to interfere with or try to disrupt our Services, for example bydistributing a virus, excessive requests to our site or platform, or otherharmful computer code.

E.Follow Our Trademark Policy. Thename "Feed Music" and the other Feed Music marks, phrases, logos, anddesigns that we use in connection with our Services (the “Feed Music Trademarks”)are trademarks, service marks, or trade dress of Feed MusicInc. and/or Feed Music Pty Ltd, either registered or unregistered in the US andother countries.  Any use by you of theFeed Music Trademarks is subject to
the following guidelines, which you accept andagree to by using any of the Feed Music Trademarks[DJ2]
 :·      You must distinguish the Feed Music Trademark from the surrounding textin some way, including by capitalizing the first letter, capitalizing oritalicizing the entire mark, placing the mark in quotes, or useing a differenttype style or font for the Feed Music Trademark than you use for thesurrounding words.·      If you use the Feed Music logo, you must use it as it exists; don’tremove, distort or alter any element of the logo.·      Don’t copy or imitate Feed Music’s trade dress or logo.·      Don’t display a Feed Music Trademark as the most prominent element onyour web page.·      Don’t display a Feed Music Trademark in any manner that implies aspecial relationship or affiliation with, sponsorship, or endorsement by FeedMusic beyond the actual relationship, or that can be reasonably interpreted tosuggest editorial content has been authored by, or represents the views oropinions of Feed Music.·      Don’t display a Feed Music Trademark on any website that contains ordisplays adult content, promotes gambling, involves the sale of tobacco oralcohol to persons under twenty-one years of age, or otherwise violatesapplicable law.·      Don’t display a Feed Music Trademark in a manner that is misleading,unfair, defamatory, infringing, libelous, disparaging, obscene or otherwiseobjectionable to Feed Music (this is in no way meant to discourage opinion orcommentary).

F.Collaborate. Welove your suggestions and ideas! They can help us improve your experience andour Services. Any ideas or other materials you submit to Feed Music (notincluding Your Content or items you sell throughour Services) are considered non-confidential and non-proprietary to you. Yougrant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable,perpetual license to use and publish those ideas and materials for any purpose,without compensation to you. 

6.    Termination A.Termination By You. We'dhate to see you go, but you may terminate your account with Feed Music at anytime from your account settings. Terminating your accountwill not affect the availability of some of Your Content that you postedthrough the Services prior to termination, and you are still required to fulfilthe terms and conditions of any Offer Agreements you have entered into.

B.Termination By Feed Music. Wemay terminate or suspend your account (and any accounts Feed Music determinesare related to your account) and your access to the Services should we havereason to believe you, Your Content, or your use of the Services violate ourTerms. If we do so, you don’t have a contractual or legal right to continue touse our Services, including but not limited to the right to make or acceptoffers our Site. Generally, Feed Music will notify you that your account hasbeen terminated or suspended, unless you’ve repeatedly violated our Terms or wehave legal or regulatory reasons preventing us from notifying you.

C. UponTermination. If you or Feed Music terminate your account, you may lose anyinformation associated with your account, including copies of Your Content.

D.We May Discontinue the Services. FeedMusic reserves the right to change, suspend, or discontinue any of the Servicesfor you, any or all users, at any time, for any reason. We will not be liableto you for the effect that any changes to the Services may have on you,including your income or your ability to generate revenue through the Services.

E.Survival. These Termswill remain in effect even after your access to the Services is terminated, oryour useof the Service ends.

7.    Warranties and Limitation ofLiability A.Content You Access. We make no representations concerning anycontent posted by users through the Services. Feed Music is not responsible forthe accuracy, copyright compliance, legality, or decency of content posted byusers that youaccessed through the Services. You release us from all liability relating tothat content.

B.People You Interact With. Youcan use the Services to interact with other users, either online or in person.However, you understand that we do not screen users of our Services other thanto meet certain compliance and legal obligations, and you release usfrom all liability relating to your interactions with other users. Please be carefuland exercise caution and good judgment in all interactions with others,especially if you are meeting someone in person.

C.Third-Party Services. OurServices may contain links to third-party websites or services that we do notown or control. You may also need to use a third party’s product or service inorder to use some of our Services (like a compatible mobile device to use ourmobile apps). When you access these third-party services, you do so at your ownrisk. The third parties may require you to accept their own terms ofuse. Feed Music is not a party to those agreements; they are solely between youand the third party.

D. WARRANTIES.YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS”AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLYDISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ANDFITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSEOF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.E. NO GUARANTEE.WE DO NOT GUARANTEE THAT: (i) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANYPARTICULAR TIME OR LOCATION; (ii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (iii)THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (iv) THERESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICESSOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.F. LIABILITY LIMITS.TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FEED MUSIC, NOR OUR EMPLOYEESOR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FORANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISINGOUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL FEEDMUSIC’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID FEED MUSIC IN THE PAST TWELVEMONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8.    IndemnificationWe hope thisnever happens, but if Feed Music gets sued because of something that you did,you agree to defend and indemnify us. That means you’ll defend Feed Music(including any of our employees) and hold us harmless from any legal claim ordemand (including reasonable outside attorney’s fees) that arises from youractions, your use(or misuse) of our Services, your breach of these Terms, or you or youraccount’s infringement of someone else’s rights.We reserve theright to handle our legal defense however we see fit, even if you areindemnifying us, in which case you agree to cooperate with us so we can executeour strategy.

9.    Disputes with Other Users; ReleaseIf you findyourself in a dispute with another user of Feed Music’s Services or a thirdparty, we encourageyou to contact the other party and try to resolve the dispute amicably.You release FeedMusic from any claims, demands, and damages arising out of disputeswith other users or parties.

10.  Disputes with Feed MusicPLEASEREAD THIS SECTION CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHERIMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, ANDOBLIGATIONS.  

‍A.Governing Law.
TheseTerms are governed by the laws of the State of New York, USA, without regard toits conflict of laws rules, and the laws of the United States of America. Theselaws will apply no matter where in the world you live, but if you live outsideof the United States, you may be entitled to the protection of the mandatoryconsumer protection provisions of your local consumer protection law.

B.Arbitration. Youand Feed Music each agree that any and all disputes or claims arising from orrelating to these Terms and/or the Services shall be finally settled by finaland binding arbitration, using the English language, administered by theAmerican Arbitration Association (the “AAA”) under its Consumer ArbitrationRules (the "AAA Rules") then in effect (those rules are deemed to beincorporated by reference into this section, and as of the date of these Termsyou can find the AAA Rules here),unless otherwise required by law.  Arbitration,including threshold questions of arbitrability of the dispute, will be handledby a sole arbitrator in accordance with those rules. Judgment on thearbitration award may be entered in any court that has jurisdiction. Withoutprejudice to the foregoing, you agree that, in its sole discretion, Feed Musicmay bring any claim, cause of action, or dispute we have against you in anycompetent court in the country in which you reside that has jurisdiction overthe claim. Any arbitration under these Terms will take place on an individualbasis.

C.Costs of Arbitration. Paymentfor any and all reasonable AAA filing, administrative, and arbitrator fees will be inaccordance with the Consumer Arbitration Rules. If the value of your claim doesnot exceed $10,000 USD, Feed Music will pay for the reasonable filing,administrative, and arbitrator fees associated with the arbitration, unless thearbitrator finds that either the substance of your claim or the relief soughtwas frivolous or brought for an improper purpose.

D.Prohibition of Class and Representative Actions and Non-IndividualizedRelief.   YOU AND FEED MUSIC AGREE THAT EACH OF US MAYBRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATEATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND FEED MUSIC AGREE OTHERWISE, THE ARBITRATOR MAY NOTCONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOTOTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, ORPRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUALPARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEFNECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).  ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.Ifa court decides that applicable law precludes enforcement of any of thisparagraph’s limitations as to a particular request for a remedy, includingthose listed above, then that claim or remedy must be severed from thearbitration and may be brought in court in the forum specified in subsection (10.E).All other claims will be arbitrated.

‍E.Forum.
Any legalaction against Feed Music related to these Terms or our Services must be filedand take place in New York County, New York, USA. For all actions under the AAARules, the proceedings may be filed where your residence is, or in New York,New York, and any in-person hearings will be conducted at a location whichis reasonably convenient to both parties taking into account their ability totravel and other pertinent circumstances. For any actions not subject toarbitration, you and Feed Music agree to submit to the personal jurisdiction ofa state or federal court located in New York County, New York if your contractis with Feed Music Inc. You understandthat by agreeing to these Terms, you and Feed Music are each waiving the rightto trial by jury.

F.Government Exception. Ifyou are a government agent or entity using the Services in your officialcapacity, and you are legally unable to agree to the clauses in this section,then those clauses do not apply to you. In that case, the Terms and any actionrelated to the Terms will be governed by the laws of the United States (withoutreference to conflict of laws) and, in the absence of federal law and to theextent permitted under federal law, the laws of the State of New York.

11.  InterpretationThese Terms, includingall of the policies that make up these Terms, supersede any other agreementbetween you and Feed Music (orbetween you and another user of the Services) regarding theServices, except any Offer Agreement (which will take precedence in the eventof an inconsistency between these Terms and the Offer Agreement). If any partof these Terms is found to be unenforceable, that part will be limited to theminimum extent necessary so that these Terms will otherwise remain in fullforce and effect. Our failure to enforce any part of these Terms is not awaiver of our right to later enforce that or any other part of these Terms. Wemay assign any of our rights and obligations under these Terms.

12.  Contact InformationIf you have any questions about these Terms, please email us at legal@feedmusic.org  [DJ1]Insert link to Privacy Policy. [DJ2]Please review and confirm or modify.

PRIVACY POLICY

Feed MusicPrivacy Policy Introduction Feed Music Inc., Feed Music Pty Ltd., and our affiliates (collectively “FeedMusic”, “we”, “us”) care deeply about privacy, security, and online safety.  This Privacy Policy (“Privacy Policy”) isdesigned to inform you about how we collect, use, and disclose your PersonalInformation (as defined below), and our commitment to using the PersonalInformation we collect in a transparent and respectful manner. This PrivacyPolicy applies to “Personal Information” we obtain from individuals (“you”)through our website (collectively, our “Site”), products, and services(collectively, the “Services”), and from third party and publicly availablesources, as further described below.  Pleaseread this Privacy Policy carefully before you start to use our Services,whether online or offline. When referenced in this Privacy Policy, the term“Personal Information” (i.e., Personal Data orother similar terms as defined by applicable law) includes any information thatidentifies, relates to, describes, is reasonably capable of being associated with,or could reasonably be linked, directly or indirectly, with a particularindividual or household, including any information that is subject toapplicable data protection laws.  FeedMusic is the controller (i.e.,responsible party) for the Personal Information practices described in this PrivacyPolicy. However, we also provide and administer the Services on behalf ofcustomers and act as a processor or service provider relative to suchcustomers. This Privacy Policy may not apply in that regard and we recommendthat you review the privacy policy of such third-party customers with whom youare dealing directly as they will be responsible for the handling of yourPersonal Information. You can access specific topics within this Privacy Policy by clicking onthe relevant links below:  Introduction Categories     of Personal Information We May Collect Sources of Personal Information Use and     Processing of Your Personal Information Use of Your Sensitive Personal Information Disclosures of Your Personal Information·       Legal Basis for Collecting and Using Your PersonalInformation  Security     Measures  Data     Retention Children’s     Privacy Data     Transfers Cookies     and Other Tracking Technologies Links to     Other Websites Your     Rights ·       Opt-out Preference Signal(Do Not Track)  Changes to This Privacy Policy Contact Us Categories of Personal Information We May Collect The types of Personal Informationwe collect about you depends on how you interact with us. Depending on theServices you use, the following are the categories and specific types of PersonalInformation that we may collect, or have collected in the preceding twelvemonths:·       Contact Information/Identifiers, including name, email address, postal address, phone number, username,business contact information, or other similar identifiers and accountinformation.·      Government Identifiers, including driver’s license number (incertain instances may be considered sensitive personal information). ·      Information Specific to the Services, in certain instances, such as invoices, business and commercialcommunications, order status and history. ·      Demographic Information, including age and gender, some of which may include characteristics ofprotected classifications under state or federal law.·      Device Information and Other Unique Identifiers, device identifier, internet protocol (IP) address, or similar unique identifiers.·      Internet or Other Network Activity, including browsing or search history, and information regarding yourinteractions with our websites, mobile applications, emails, or advertisements.·      Geolocation Data,including information that permits us to determine your location, such as ifyou manually provide location information or enable your mobile device to sendus precise location information.·      Payment Information, including credit or debit card number, or other financial information. ·      Inferences, inferencesdrawn from or created based on any of the information identified in thissection.·       Sensitive Personal Information(where permitted and in accordance with applicable law), of the information listed above, social security number, racial orethnic origin, username and password and/or health information are alsosensitive personal information. The provision of the Sensitive Personal Information listed above isvoluntary. In certain instances, we will not be able to process your requestfor our Services without the requested Personal Information.   If you do not provide us with certain Personal Information, we may notbe able to fulfill the requested purpose of collection, such as to respond toyour queries or request for customer service or to provide the fullfunctionality of our Site or Services to you.  However, unless otherwise specified, notproviding your Personal Information will not result in legal or otherconsequences to you. Sources ofPersonal Information We collect your Personal Information in thefollowing ways, pursuant to applicable law: ·       Directly From You, such as when you use our Services, create anaccount and profile with us; sign up with us to receive marketingcommunications; or otherwise reach out to us. ·       Other Sources, including vendors, affiliates, and throughtracking technologies. To learn more about our use of cookies and similar trackingtechnologies, please review the “Cookies and Other Tracking Technologies”section below.   Use and Processing of YourPersonal Information Weuse your Personal Information and Sensitive Personal Information for thefollowing business purposes (“Processing Purposes”) associated with our generalbusiness operations.  We may collect yourPersonal Information for the following Processing Purposes:  To provide you the Services. To enable you to access and use our websites.  To communicate with you and to respond to your requests, questions,     comments, and other inquiries. To understand what partner resources you use, if any, and to connect     you to additional resources at your request. To offer you personalized advertisements, which you may be able to     opt out of as explained in the “Your Rights” section.  To send marketing and promotional materials, including information     relating to our products, Services, sales, or promotions or those of a     third party. To administer, maintain, evaluate, and improve our websites and     Services, and to develop new products and services. To conduct research and analytics related to our websites and     Services. We may use Personal Information for marketing and promotional     purposes to show you advertisements for products and/or services tailored     to your interests on social media and other websites. To manage our business operations, perform our obligations and     exercise our rights under any agreement that you or your organization has     with us. For other purposes with your consent, or as otherwise permitted or     required by applicable law. We use Personal Information to comply with our legal or regulatory     obligations, to establish or exercise our rights, and to defend against a     legal claim. We use Personal Information to detect, investigate, prevent, or take     action regarding possible malicious, deceptive, fraudulent, or illegal     activity, including fraudulent transactions, attempts to manipulate or     violate our policies, procedures, and terms and conditions, security     incidents, and harm to the rights, property, or safety of Feed Music and     our users, customers, employees, or others. Use ofYour Sensitive Personal Information Withregard to sensitive Personal Information you provide, if any, we only use yoursensitive personal information to provide you with the requested products orservices, to administer your account or application, or with your consent.  Disclosureof Your Personal Information We respect the importance of privacy.  Other than as provided in this Privacy Policy,we do not sell your Personal Information, nor do we share it with unaffiliatedthird parties for their own marketing use, unless we have your consent, or weare required by law to do so.  Generally,we may disclose the Personal Information we collect to facilitate ourcommunications with customers, to operate our business, to advertise or promoteour Services, or with your consent.  Tothe extent that we have collected or processed your Personal Information in theprior twelve (12) months, we may have disclosed the above-listed PersonalInformation as described below. We may disclose each category of Personal Information listed above tothird parties in the following ways:  Service Providers. We may disclose Personal Information to     authorized third parties who perform services for us (including cloud     services, data storage, sales, human resources, and marketing).  Our contracts with our service providers     include commitments that they agree to limit their use of Personal     Information and to comply with privacy and security standards at least as     stringent as the terms of this Privacy Policy.  Remember that if you provide Personal     Information directly to a third party, such as through a link on the Site,     that processing is typically based on their standards. Affiliated Companies. We may disclose such Personal Information     with subsidiaries, affiliates or strategic partners as needed to provide     our products and services and generally as necessary in the administration     of a global organization.  Corporate Transaction. We may disclose your Personal Information in     connection with a proposed or actual corporate merger, acquisition,     consolidation, sale of assets, bankruptcy, insolvency or other corporate     change.  Such recipient will be     bound by terms and conditions reasonably similar to those set out in this Privacy     Policy. Other Parties. We may disclose your Personal Information to     legal, governmental, or judicial authorities, as instructed or required by     those authorities or applicable laws, or in relation to a legal activity,     such as in response to a subpoena or an investigation of suspected illicit     activity.  We may also disclose such     Personal Information if we believe disclosure is necessary to prevent     physical, financial, or other harm, injury, or loss. Deidentified Personal Information. We may disclose or use aggregated or     de-identified data for any lawful purpose.  Deidentified information is generally not     considered to be Personal Information under applicable laws. Other Disclosures With Your Consent. We may disclose your Personal     Information with your consent to other unaffiliated third parties who are     not described elsewhere in this Privacy Policy.  Social Media Platforms and Networks: Some of our websites have features such     as, plugins, widgets, or and other tools made available by third parties     that may result in information being collected or shared between us and     the third party. The third party’s use of your information is not governed     by this Privacy Policy. You may have the right to opt out of our use of     these technologies, as further described in this Privacy Policy.  LegalBasis for Collecting and Using Your Personal Information
Feed Music relies on the following legal grounds for the collection,processing, and use of your Personal Information:  As necessary to provide a service or perform a     transaction (such as when we respond to your requests); Consent (where you have provided consent as     appropriate under applicable law, such as for direct marketing or certain     cookies); As necessary for legitimate interests (such as     when we act to maintain our global business generally, including     maintaining the safety and security of the Site); and Compliance with legal obligations,     particularly in the area of labor and employment law, social security and     protection law, data protection law, tax law, and corporate compliance     laws. The provision of yourpersonal data is partly a statutory requirement and partly a contractualobligation. SecurityMeasures  We use various reasonable safeguards (administrative, organizational,technical, and physical) to protect the Personal Information we collect andprocess.  Our security controls aredesigned to maintain an appropriate level of confidentiality, integrity, andavailability of your Personal Information.  Nonetheless, no such measure is 100%effective; therefore, we do not guarantee that your Personal Information willbe secure from theft, loss, or unauthorized access or use, and we make norepresentation as to the reasonableness, efficacy, or appropriateness of themeasures we use to safeguard such Personal Information.  In the event of an incident that we are requiredby law to inform you of, we may notify you electronically, in writing, or bytelephone, if permitted to do so by law.  We encourage you to use caution when using theInternet.  If you have reason to believethat your interaction with us is no longer secure, please immediately notify usas specified in the “Contact Us” section below. DataRetention The time periods for which we retain your Personal Information depend onthe purposes for which we use it and applicable law for the type of data anduse.  Feed Music will keep your PersonalInformation for as long as you are a registered subscriber or user of ourServices or for as long as we have a valid business purpose to do so and,thereafter, for no longer than is required or permitted by law.  The Personal Information we collect may bestored and processed in servers in the United States and/or other jurisdictionswhere Feed Music, or our service providers, have facilities. Children’sPrivacy Feed Music does not knowingly collect Personal Information from childrenunder the age of 13 (or other relevant age of majority) without first obtainingparental consent in accordance with applicable laws.  Users under the age of 13 should not submitany Personal Information to us.  If youbelieve we have collected Personal Information from your child in error or havequestions or concerns about our practices relating to children, please notifyus using the details in the “Contact Us” section below.  We willtake prompt steps to remove the Personal Information from our systems.     DataTransfers Feed Music is headquartered in the United States and we have operations,entities, and service providers both in the United States and throughout theworld.  As such, we and our serviceproviders may transfer your Personal Information to, or access it in,jurisdictions that may not provide equivalent levels of data protection as yourhome jurisdiction.  We will take steps toensure that your Personal Information receives an adequate level of protectionin the jurisdictions in which we process it.  If you are located in the European EconomicArea, Switzerland or the UK, we provide adequate protection for the transfer ofPersonal Information to countries outside of these areas, such as through theuse of authorized EU Standard Contractual Clauses, the UK Standard ContractualClauses, or the UK Addendum to the EU Standard Contractual Clauses.  Depending on your location, you may have theright to request a copy of such appropriate safeguards by contacting us as setout at the end of this Privacy Policy.  Cookiesand Other Tracking Technologies Every time you come to thewebsite, our website’s web server automatically collects information,including, in some instances, Personal Information, through cookies, webbeacons, and other similar tracking technologies (collectively “cookies”).  Cookies are small text files that are placedon your computer or mobile device when you visit a website.  Cookies help the website remember informationabout your visit, which can make it easier to visit the website again and makethe website more useful to you.  Somecookies are deleted once you close your browser (session cookies), while othercookies are retained even after you close your browser so that you can berecognized when you return to a website (persistent cookies).  More information about cookies and how theywork is available at www.allaboutcookies.org.  Generally,your email address and all other Personal Information is collected only whenyou voluntarily provide that data. Cookies on our website are generally divided into the followingcategories: Cookie TypeDescriptionEssential  CookiesThese are cookies  that our website needs in order to function and that enable you to move  around and use the website and features.  Without these essential cookies, the website  will not perform as smoothly for you as we would like it to, and we may not  be able to provide the website or certain services or features you request.  Examples of where these cookies are used  include: to determine when you are signed in, to determine when your account  has been inactive, and for other troubleshooting and security purposes.Analytics  CookiesAnalytics cookies  provide us with information regarding how visitors navigate and interact with  our website.  Such cookies allow us to  understand, for example, more about how many visitors we have to our website,  how many times they visit us and how many times a user viewed specific pages  within our Site.  Advertising  CookiesAdvertising  cookies may be placed by us or third parties to enable third party ad  networks to recognize a unique cookie on your computer or mobile device.  The information that is collected and shared  by these types of cookies may also be linked to the device identifier of the  device you are using to allow us to keep track of all the websites you have  visited that are associated with the ad network.  This information may be used for the purpose  of targeting advertisements on our website and third-party sites based on  those interests.  We may use the information collected throughcookies and related tracking technologies for the following purposes:  To make our website easier to use and     generally improve its performance. To gather metrics about how you interact with     our website. For security reasons. To provide personalized content. For example,     we may store user preferences, your default language, device and browser     information, and your profile information, which includes the level of     your usage of the website so we can identify you across devices and     personalize the content you see. To advertise to you via     behavioral-based/targeted advertising and allow others to do the same.  Most web browsersautomatically accept cookies, but you can usually change your browser settingsto prevent this.  If you disable cookies,your ability to use some features of the website may be limited.  For mobile devices, you may be able to managecertain cookies using your built-in mobile device settings and controls.  Any choices concerning cookies are browserand/or device specific. If you clear your cookies from your browser on any ofyour devices, your choices will need to be reset. You should check how to dothis on your device(s) and operating systems.  Some of these cookies maybe placed by third party service providers to help determine the effectivenessof our advertising campaigns or email communications.  The use of cookies by third-party serviceproviders is within their control and not ours.  We do not control their websites or theirpolicies and practices regarding your Personal Information, and you should beaware that different rules might apply to the collection, use or disclosure ofyour Personal Information by third parties in connection with theiradvertisements or promotions and other sites you encounter on the Internet.  This Privacy Policy does not cover any use ofPersonal Information that a third-party service provider may directly collectfrom you, and we do not undertake to confirm, investigate, or police theirpractices. Links toOther Websites Our Site may contain links to other websites for your convenience andinformation.  These websites may beoperated by companies not affiliated with Feed Music.  Linked websites may have their own privacy policiesor notices, which we recommend you review if you visit those websites.  This Privacy Policy only applies to PersonalInformation collected on this Site.  Wehave no control over third-party websites and are not responsible or liable forthe content, privacy practices, or use of any websites that are not affiliatedwith Feed Music. YourRights  You may have certain rights regarding your Personal Information.  The rights available to you depend on ourreason for processing your Personal Information and the requirements ofapplicable law (i.e., your rights will vary depending on whether you arelocated in, for example, California, the European Union, or United Kingdom).Specifically, you may have the following rights:  ·       Right to access: Youmay have the right to obtain from us confirmation as to whether PersonalInformation concerning you is being processed, and, where that is the case, torequest access to the Personal Information.  This access to information includes thepurposes of the processing, the categories of Personal Information concerned,and the recipients or categories of recipient to whom the Personal Informationhave been or will be disclosed, among other categories of information.  However, this is not an absolute right and theinterests of other individuals may restrict your right of access.  You may have the right to obtain a copy of thePersonal Information free of charge.  Forfurther copies requested by you, we may charge a reasonable fee based onadministrative costs. Right to rectification (right to correct inaccurate information): You may have the right to request     that we correct any Personal Information about you that is inaccurate.  Depending on the purpose of the     processing, you also have the right to request that we complete the     Personal Information we hold about you where you believe it is incomplete,     including by means of providing a supplementary statement. Right to erasure (right to be forgotten): You may have the right to request     that we erase your Personal Information, under certain conditions.  Right to restrict processing: You may have the right to request that     we restrict the processing of your Personal Information, under certain     conditions.  In such case, the respective     data will be marked and may only be processed by us for certain purposes. Right to object to processing: You may have the right to object to our     processing of your Personal Information, under certain conditions, and we     can be required to no longer process your Personal Information.  Such right to object may especially apply     if we collect and process your Personal Information through automated     decision making, such as profiling, to better understand your     interests in our products and services or for direct marketing.  If you have a right to object and you     exercise this right, your Personal Information will no longer be processed     by us for such purposes.  Such a     right to object may, in particular, not exist if the processing of your     Personal Information is necessary to take steps prior to entering into a     contract or to perform a contract already concluded.  Right to data portability: You may have the right to request that     we transfer the Personal Information we have collected about you to     another organization, or directly to you, in a structured, commonly used,     and machine-readable format, under certain conditions.  Right to withdraw consent: Where we rely on your consent to     process your Personal Information, you have the right to withdraw that     consent at any time with future     effect. Such a withdrawal will not affect the lawfulness of the processing     prior to the consent withdrawal.  Right to know     what Personal Information is sold or shared and to whom, and right to prohibit the sale or sharing of Personal Information: We do not and have not in the     preceding 12 months, sold your Personal Information. However, we may share     (in this context, share means use of your Personal Information for     cross-contextual behavioral advertising) your Personal Information with     third parties for marketing purposes. To the extent required or allowed by     law, you may opt-out of the sharing of your Personal Information by     updating your cookie preferences or by contacting us.   Right to limit the use and disclosure of sensitive Personal     Information: We will only use sensitive or     special Personal Information as needed for the purposes for which it was     collected or with your consent.   If this changes, we will notify you, and     you may have the right to restrict such additional uses. Right of non-discrimination/retaliation: We do not discriminate against     individuals who exercise any of their rights described in this Privacy     Policy, nor do we retaliate against individuals who exercise these     rights.    Please note that many of theabove rights are subject to exceptions and limitations.  Your rights and our responses will vary basedon the circumstances of the request.  Ifyou choose to assert any of these rights under applicable law, we will respondwithin the time period prescribed by such law. If you are located in theState of California in the United States, a person authorized to act on yourbehalf may make a verifiable request related to your personal information.  If you designate an authorized person tosubmit requests to exercise certain privacy rights on your behalf, we willrequire verification that you provided the authorized agent permission to makea request on your behalf.  In any circumstances, yourrequest must: (i) provide sufficient information that allows us to reasonablyverify that you are the person about whom we collected personal information oran authorized representative of that person; and (ii) describe the request withsufficient detail that allows us to properly understand, evaluate, and respondto it.  We will only use personalinformation provided in a verifiable consumer request to verify the requestor’sidentity or authority to make the request.  To exercise your rights,please contact us as stated in the “Contact Us” section of this Privacy Policy. Opt-out Preference Signal (Do Not Track)  Feed Music does not currently recognize universalopt-out mechanisms, such as Do Not Track and Global Privacy Control, becauseFeed Music is not subject to the laws that require recognition of universalopt-out mechanisms. Changes toThis Privacy Policy As Feed Music grows and our business changes, we may modify, expand, orupdate this Privacy Policy at any time as we deem appropriate to reflect thosechanges.  When we make changes to this PrivacyPolicy, we will post the updated Privacy Policy on the Site and update the PrivacyPolicy’s “last updated” date above. It is important that you check back fromtime to time and make sure that you have reviewed the most current version ofthis Privacy Policy.  If you do not agreewith the changes, then you should stop using our Site and Services and notifyus that you do not want your Personal Information used in accordance with thechanges.  Contact Us If you have questions or comments regarding this Privacy Policy or ourprivacy practices, please
contact us by using the information below.  You may also have a right to lodge a complaintwith a data protection supervisory authority.  You may also exercise your rights as notedabove by following this link and completing the web form. ByMail: 79 Little Oxford St, Collingwood Victoria, Australia 3066ByEmail: legal@feedmusic.org This Privacy Policy includes an “effective” and “last updated” date.  The effective date refers to the date that thecurrent version took effect.  The lastupdated date refers to the date that the current version was last substantivelymodified. Effective Date. 16 July 2023Last Updated Date. 16 July 2023        

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