LIMELIGHT TERMS AND CONDITIONS
1.1 | Capitalized terms used in these Terms and Conditions have the following meaning unless defined elsewhere in these Terms and Conditions:
|"Artists"||means any artist who uses the Platform to upload, share, distribute, provide, submit or otherwise make available Content for other Users.|
|"Content"||means audio, text, photos, pictures, graphics, and other content, data or information submitted by Artists to the Platform.|
|"Limelight"||means Limelight Music ApS, company registration (CVR) no. 37 92 06 06, Njalsgade 76, DK-2300 Copenhagen, Denmark.|
|"Listener"||means any person who has access to Content shared and distributed by the Artists.|
|"Platform"||means any website (including limelight-music.com, limelight-music.dk, artist.limelight-music.com and artist.limelight-music.dk), mobile or tablet application, forum, platform or similar created by or associated with Limelight in any language and in any country it is available in as well any and all related players, widgets, tools, applications, data, software etc.|
|"Premium Membership"||means a membership which can be purchased or subscribed to by any Listener of the Platform giving such user access to i.a. premium sound quality (i.e. 320 Kbit/s) and offline access to Content.|
|"User"||means Artists or Listeners who enters the Platform (regardless of the intent and regardless of how the Platform is entered) and register an account.|
2.1 | These Terms and Conditions govern Users use of the Platform. The Terms and Conditions are entered into between Users and Limelight and constitute a legally binding agreement between Users and Limelight in relation to Users use of the Platform.
2.2 | Upon registering an account as a User through the Platform, or by viewing, accessing, streaming, uploading or downloading any Content from or to the Platform, Users automatically accept and agree to be bound by these Terms and Conditions.
2.3 | These Terms and Conditions may have been translated into other languages than English purely for convenience. In case of any inconsistency or ambiguity between the English version and a version in another language, the English version shall prevail.
2.4 | If a User does not accept all of the provisions in the Terms and Conditions, such User may not use the Platform.
2.5 | By accessing or using the Platform, registering an account, the User represents and warrants that the User has read and understood the Terms and Conditions, will abide by them, and that complies with applicable law requirements in order to use the Platform.
2.6 | Limelight reserves the right to change, alter, replace or otherwise modify these Terms and Conditions at any time. The User is responsible for being up to date with the applicable Terms and Conditions and accepts such by logging into or otherwise accessing the Platform.
2.7 | When Limelight makes any updates to these Terms and Conditions, Limelight will highlight this fact on the Platform. In addition, if the User registers an account and these Terms and Conditions are subsequently changed in any material respect, Limelight will notify the User in advance by sending a message to the User’s account and/or email address that the User has provided to Limelight.
3. Description of the Platform
3.1 | The Platform solely provides the Users a platform facilitating a hosting and sharing service on which Users may submit, upload and post Content.
3.2 | Content will be stored by Limelight, and may be shared and distributed by and to Users, using the tools and features provided as part of the Platform, which enables Users to view, listen to and rate the Content. The Platform also enables Users to interact with other Users.
3.3 | Limelight may, from time to time, release new tools and resources or introduce other services and/or features for the Platform. Any new services and features will be subject to the Terms and Conditions.
4. Account on the Platform and Payment for Premium Membership
4.1 | Access to the Platform and certain services are only available to registered Users.
4.2 | When Listeners register to use the Platform, an opportunity to purchase a Premium Membership will be provided.
Limelight will take a monthly fee of DKK 40, including VAT, for facilitating the Platform. Once a Premium Membership has been purchased or subscribed to, the Premium Membership is subject to automatic monthly renewal. Such renewal will take place automatically until the Premium Membership is terminated in accordance with these Terms and Conditions. Payment will be completed automatically every first day of the month on the basis of the payment information provided by the Listener when registering to use the Platform.
4.3 | Limelight does not pay any remuneration to Artists as they are remunerated separately through customary national music organizations and will thus not be entitled to receive any fee from Limelight or other Users in connection with registration of use of the Platform. The music on this service is made available with permission from NCB and Koda.
4.4 | Limelight reserves the right to disallow, cancel or remove certain permalinks in appropriate circumstances, as determined by Limelight in its sole discretion, and may, with or without prior notice, suspend or terminate accounts if activities occur on that account which would or might constitute a violation of these Terms and Conditions, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
5. Use of the Platform
5.1 | Subject to the User’s strict compliance with these Terms and Conditions at any and all times during the use of the Platform, Limelight grants a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Platform, and to share and distribute Content on the Platform.
5.2 | In addition, upon registration to use the Platform, and subject to strict compliance with these Terms and Conditions at any and all times during the use of the Platform, Limelight grants a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:
a) submit, upload or share Content to and keep such Content available on the Platform strictly as permitted in accordance with these Terms and Conditions and any other applicable terms posted on the Platform from time to time; and
b) communicate with other Users strictly in accordance with these Terms and Conditions.
5.3 | No copy, rip or capture, any audio Content from the Platform is allowed.
5.4 | No use of any Content in any way that is designed to create a separate content service or that replicates any part of the Platform is allowed.
5.5 | No scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content are allowed.
5.6 | No use of any services designed to misrepresent the popularity of Content on the Platform, or to misrepresent activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, upload Content, add followers, play Content, follow or unfollow other Users, send messages, or otherwise to act on your behalf, are allowed.
5.7 | No attempt to alter or remove any intellectual property rights contained in, or appearing on, the Platform or any Content (other than User’s own Content) is allowed.
5.8 | No permission of any third party to copy or adapt the object code of the Platform, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than the User’s own Content.
5.9 | Artists must mark uploaded Content as “Explicit” if:
- Content contains strong language;
- Content contains images of or references to violence, physical abuse or mental abuse;
- Content contains images of or references to sexualized behavior; or
- Content contains images of or references to criminal behavior.
5.10 | Users must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Limelight or any Artist; access or attempt to access data or materials which are not intended for use; log into, or attempt to log into, a server or account which Users are not authorized to access; attempt to scan or test the vulnerability of Limelight’s servers, system or network or attempt to breach Limelight’s data security or authentication procedures; attempt to interfere with the Platform by any means. Limelight reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
5.11 | Artist must select the correct genres when uploading Content. Limelight reserves the right to change the selected genres without any prior notice.
6. Content on the Platform
6.1 | Any and all Content uploaded, stored, transmitted, submitted, exchanged or made public to or via the Platform is generated, owned and controlled solely by the User, and not by Limelight.
6.2 | Limelight does not claim any ownership rights in Content and the User hereby expressly acknowledge and agree that the User’s Content remains the User’s sole responsibility.
6.3 | Limelight may from time to time invite or provide Users with means to provide feedback regarding the Platform, and in such circumstances, any feedback provided by Users will be deemed non-confidential and Limelight shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
7. Grant of License
7.1 | By uploading or posting Content to the Platform, Users initiate an automated process to transcode any audio Content and direct Limelight to store Content on servers related to the Platform, from where Limelight may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making public and other communication to the public of Content on the Platform. To the extent it is necessary in order for Limelight to provide any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms and Conditions and/or to enable the use of the Platform, all Users hereby grant all such licenses to Limelight on a worldwide, non-exclusive, royalty-free and fully paid basis.
7.2 | By uploading Content to the Platform, Users also grants a worldwide, non-exclusive, royalty-free, fully paid up, license to other Users, and to operators and users of any other websites, apps and/or platforms to which Content has been shared, to repost or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, and otherwise communicate to the public, each User’s Content utilizing the features of the Platform from time to time, and within the parameters set by using the Platform. Users can disable the availability of Content to other Users at any time using applicable features on the Platform. Notwithstanding the foregoing, nothing in these Terms and Conditions grants any rights to any other User with respect to any proprietary name, logo, trademark or service mark uploaded by a User as part of its Content (for example, your artist picture), other than the right to reproduce, publicly display, make public and otherwise communicate to the public those proprietary name, logo, trademark or service marks.
7.3 | Licenses granted in this section are granted separately with respect to each item of Content uploaded to the Platform. Licenses with respect to audio Content, and any images or text within a User’s account, will terminate automatically when a User remove Content from its account. Removal of audio Content from an account will automatically result in the deletion of the relevant files from Limelight’s systems and servers. However, notwithstanding the foregoing, Users hereby acknowledge and agree that once Content is distributed via the Platform, Limelight is not obligated to ensure the deletion of Content from any servers or systems operated by the third party operators, or to require that any User or third party operator deletes any Content.
7.4 | Any Content other than your own Content is the property of the relevant User, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made public or otherwise communicated to the public or exploited for any purposes except with the express written consent of the specific User. Where Users repost another User’s Content, or include another User’s Content in a playlist or station, the User acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant User.
8. Representations and Warranties
8.1 | Users hereby represent and warrant to Limelight that:
a) all Content submitted or made available to Limelight or the Platform is true and accurate in all respects, up-to-date and not misleading in any way;
b) any submitted or made available to Limelight or the Platform does not and does not likely result in a breach of applicable laws or regulation, a breach of any agreement, arrangement or obligations towards a third party, or any regulatory or ethical conflict;
c) Limelight may use each User’s Content pursuant to and in accordance with these Terms and Conditions without creating any liability on the part of Limelight, its successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders;
d) each User will comply with all applicable laws, statutes and regulations, not engage in any activity, practice or conduct which would constitute an offence under applicable laws, statutes or regulations, and not do, or omit to do, any act that will cause or lead Limelight or another User to be in breach of any part of such regulation; and
e) no use of any Content which a User has been provided access to via the Platform may take place other than in accordance with these Terms and Conditions and applicable law and legislation.
8.2 | Limelight reserves the right to disable the availability of or remove Content, to suspend or terminate a User’s access to the Platform and/or pursue all legal remedies if Limelight believes that certain Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation. Each User further acknowledge and agree that Limelight, if suspicion of a breach arises, may review a User’s correspondence with other Users through the Platform in order to determine whether a User is in breach of any of the above-mentioned undertakings.
8.3 | The Users agree to indemnify and hold Limelight harmless against any third party claim of infringement of copyright or other intellectual property rights arising from the hosting of Content on the Platform.
9. Intellectual Property Rights
9.1 | All intellectual property rights to Limelight’s own services and products, including the Platform, belong to Limelight or its affiliates, suppliers, and providers with all rights reserved. Any reproduction, modification or redistribution, in whole or in part, requires Limelight’s prior written consent. Notwithstanding any other provision of these Terms and Conditions, as between the parties, Limelight will be the sole and exclusive owner of any and all Intellectual Property rights.
10. Third Party Websites and Services
10.1 | The Platform may provide Users with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services. Limelight does not have or maintain any control over such, and is not and cannot be responsible for their content, operation or use. Limelight does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such third parties.
11. Liability and Indemnification
11.1 | Limelight is to be considered solely as a provider of the Platform to its Uses facilitating a hosting and sharing service on which Users may submit, upload and post Content, and Limelight undertakes no liability of any kind unless otherwise stated in these Terms and Conditions. The use the Platform is made on the User’s own risk and any and all liability in relation to the sharing, use distribution etc. of any Content remains with the Users.
11.2 | Except where otherwise stated in these Terms and Conditions, Limelight shall not be liable for any indirect or consequential loss or damage, including loss of profit, loss of revenue, loss of goodwill, loss of anticipated savings, loss of data or information.
11.3 | Limelight assumes no liability for any Content made available or appearing on the Platform by the Users.
11.4 | Limelight hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by Users. By using the Platform, Users irrevocably waive the right to assert any claim with respect to any of the foregoing against Limelight.
11.5 | Limelight cannot and does not review Content created or uploaded by its Users, and Limelight has no obligation, and may, but does not undertake or assume any duty to, monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms and Conditions or applicable law.
12. Data Protection, Privacy and Cookies
12.4 | Limelight shall at all times comply with all applicable data protection and privacy legislation regarding the processing of all personal data of the Members obtained or held by Limelight. For the purposes of this clause, the term "personal data" shall have the meaning given in the Danish Act on Processing of Personal Data.
Limelight may store and process personal or other data submitted by a User, e.g. name, contact details and biographical information, for the purposes of administering each User’s use of the Platform. Users acknowledge that in certain circumstances Limelight may disclose personal data to other third parties, e.g. in order to comply with applicable law or legal process requirements or to protect and defend the rights or property of Limelight or other Users if the third party receiving the data is subject to confidentiality.
13.1 | If accepted by Users, Limelight may send newsletters and other communications deemed relevant by Limelight to such Users by email. Users may opt out of newsletters at any time by clicking the unsubscribe link in the newsletter or emailing Limelight.
14. Changes to the Platform and Accounts
14.1 | Limelight reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Limelight shall use its reasonable endeavors to notify registered Users of such decision in advance.
14.2 | Users hereby agree that Limelight shall not be liable to the Users or to any third party for any changes or modifications to the Platform that Limelight may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Platform or any part or parts thereof, or the User’s possibility to use or access the same from or within any territory or territories.
14.3 | Limelight may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason.
15.1 | If any provisions in the Terms and Conditions are deemed invalid, void or for any reason unenforceable or in conflict with applicable law, such provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions in the Terms and Conditions.
16.1 | These Terms and Conditions shall come into force on the date of your acceptance of it and shall continue until terminated by either you or Limelight in accordance with this clause 14.
16.2 | Users may terminate these Terms and Conditions at any time by deleting their account and thereafter by ceasing to use the Platform.
16.3 | Limelight may suspend User’s access to the Platform and/or delete a User’s account and thereby terminate these Terms and Conditions at any time in its sole discretion, including if a User is in breach of any of the provisions of these Terms and Conditions.
16.4 | Once an account has been terminated, any and all Content residing in the account, or pertaining to activity from the account, will be deleted by Limelight, except to the extent that Limelight is obliged or permitted to retain such Content for a certain period of time in accordance with applicable laws and regulations and/or to protect Limelight’s legitimate business interests.
17. Assignment to third parties
17.1 | Limelight may assign its rights and (where permissible by law) its obligations under these Terms and Conditions, in whole or in part, to any third party at any time without notice to any person or entity acquiring all or substantially all of the shares or assets of Limelight. Users may not assign their obligations under these Terms and Conditions, in whole or in part, to any third party without the prior written consent of Limelight.
18. Applicable law and jurisdiction
18.1 | These Terms and Conditions are subject to Danish law.
18.2 | Users and Limelight hereby agrees to submit to the exclusive jurisdiction of the courts in Copenhagen, Denmark, for resolution of any dispute, action or proceeding arising in connection with these Terms and Conditions.
Last amended: September 14, 2017