Welcome to Limelight, a service provided by Limelight Music ApS (“Limelight”, “we”, “our”, or “us”).
4. Description of the Artist Platform
The Artist Platform is a hosting service. Registered users of the Artist Platform (“Artists”) may submit, upload and post audio, text, photos, pictures, graphics, and other content, data or information (“Content”). The Content will be stored by Limelight, and may be shared and distributed by Artists to registered users of the App (“Listeners”), using the tools and features provided as part of the Artist Platform, which enables Listeners to view, listen to and rate the Content. The amount of Listeners who will view, listen to and rate the Content will depend on the Listeners’ total overall rating of the Content, and the amount of Listeners who have a preference for the selected main music genre and the selected sub music genre(s) (together, “Genres”). The Artist Platform also enables Artists to interact with one another.
When you register to use the Artist Platform, your artist name can be seen by other Artists. When you upload Content to the Artist Platform, you can request that another Artist appears as featuring on your Content. This requires that the other Artist accepts your request.
5. Your Limelight account on the Artist Platform
Access to the Artist Platform and certain Services is only available to registered users.
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Limelight in writing, and should change your password at the earliest possible opportunity.
6. Your use of the Artist Platform
You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Artist Platform or the App.
You must not use any Content (other than your Content) in any way that is designed to create a separate content service or that replicates any part of the Artist Platform and App offering.
You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of your Content on the Artist Platform or/and on the App, or to misrepresent your activity on the Artist 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 to your account, play Content, follow or unfollow other users, send messages, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Artist Platform.
You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Artist Platform or any Content appearing on the Artist Platform (other than your Content).
You must not permit any third party to, copy or adapt the object code of the Website or the App or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Artist 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 your Content.
You must not use the Artist Platform to upload, post, store, transmit, display, copy, distribute, promote, make public, continue to make public or otherwise communicate to the public:
any Content that is abusive, libelous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Limelight’s reasonable discretion; or
any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Limelight’s reasonable opinion; or
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Artist Platform or servers or networks forming part of, or connected to, the Artist Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Artist Platform; or
any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
The Artist must mark the uploaded Content as “Explicit” if:
the uploaded Content contains strong language; or
the uploaded Content contains images of or references to violence, physical abuse or mental abuse; or
the uploaded Content contains images of or references to sexualized behavior; or
the uploaded Content contains images of or references to criminal behavior.
You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages using the name of another person.
You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Limelight employee.
You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
You must not sell or transfer, or offer to sell or transfer, any Limelight account to any third party without the prior written approval of Limelight.
You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
You must not request other Artists to appear as featuring on an uploaded song if the requested Artist did not cooperate in the making of the song.
You must select he correct Genres when uploading Content. We reserve the right to change the selected Genres without any prior notice. The Artist will be informed about such matter in writing.
7. Your Content on the Artist Platform
Any and all audio, text, photos, pictures, graphics, and other content, data or information that you upload, store, transmit, submit, exchange or make public to or via the Artist Platform is generated, owned and controlled solely by you, and not by Limelight.
Limelight does not claim any ownership rights in your Content, and you hereby expressly acknowledge and agree that your Content remains your sole responsibility.
Without prejudice to the conditions set forth in the Your use of the Artist Platform section you must not upload, store, distribute, send, transmit, display, perform, make public, continue to make public or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making public or otherwise communicating to the public via the Artist Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Artist Platform as described in the Repeat infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
We may, from time to time, invite or provide you with means to provide feedback regarding the Artist Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Limelight shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
8. Grant of license
Removal of audio Content from your account will automatically result in the deletion of the relevant files from Limelight’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once your Content is distributed to a Linked Service, Limelight is not obligated to ensure the deletion of your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Artist Platform or any Linked Service deletes any item of your Content.
Any Content other than your Content is the property of the relevant Artist, 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 Artist. Where you repost another Artist’s Content, or include another Artist’s Content in a playlist or station, you 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 Artist.
9. Representations and warranties
You hereby represent and warrant to Limelight as follows:
Your Content and the availability thereof on the Artist Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in your Content in order to include their name, voice, performance or likeness in your Content and to publish the same on the Artist Platform and via any Linked Services.
Your Content is not and will not be unlawful, abusive, libelous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
Your Content does not and will not create any liability on the part of Limelight, its successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Limelight reserves the right to disable the availability of or remove your Content, suspend or terminate your access to the Artist Platform and/or pursue all legal remedies if we believe that any of your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
The representations and warranties set out in this Representations and warranties section shall be deemed to be repeated in case of any of your Content is uploaded, stored, transmitted, submitted, exchanged or made public to or via the Artist Platform as if made with reference to the facts and circumstances existing at time of such disposal.
10. Liability for Content
You hereby acknowledge and agree that Limelight:
stores Content and other information at the direction, request and with the authorization of its users;
acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content;
plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of your Content that you upload, post or distribute to, on or through the Artist Platform, and to the extent permissible by law, Limelight excludes all liability with respect to all Content (including your Content) and the activities of its users with respect thereto.
Limelight and its successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Artist Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Artist Platform. By using the Artist Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Limelight or any of its successors, assigns, employees, agents, directors, officers or shareholders.
11. Reporting infringements
If you discover any Content on the Artist Platform and/or on the App that you believe infringes your or other’s copyright, please report this to us.
If you send us your own written notification, please make sure that you include the following information:
a statement that you have identified Content on Limelight that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
a description of the copyright work(s) that you claim have been infringed;
a description of the Content that you claim is infringing;
your full name, address and telephone number, a valid e-mail address on which you can be contacted, and your Limelight artist name if you have one;
a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Your notice should be sent to us by e-mail to email@example.com and/or by mail to the following address:
Limelight Music ApS - Hillerødgade 2, 3. tv, 2200 København N, Denmark (Attn: Anders Nygaard)
12. Third party websites and services
The Artist Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services (hereinafter “External Services”).
Limelight does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, 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 External Services.
13. External Services
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
Limelight disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Limelight with respect to the content or operation of any External Services.
14. Blocking and removal of Content
Please also note that individual Artists have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and Limelight shall have no liability in the event that you are unable to access an item of Content due to its removal from the Artist Platform, whether by Limelight or the relevant Artist.
15. Repeat infringers
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of your Content infringes the copyright or other rights of such third party, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Artist Platform terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Limelight at its discretion.
THE ARTIST PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APP AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APP, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST LIMELIGHT USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE ARTIST PLATFORM AND APP AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO LIMELIGHT’S ATTENTION, LIMELIGHT MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APP, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. LIMELIGHT DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIMELIGHT DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
LIMELIGHT AND ITS SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
17. Limitation of liability
LIMELIGHT AND ITS SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
ANY LOSS OR DAMAGE ARISING FROM:
( A ) YOUR INABILITY TO ACCESS OR USE THE ARTIST PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE ARTIST PLATFORM;
( B ) ANY CHANGES THAT LIMELIGHT MAY MAKE TO THE ARTIST PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE ARTIST PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
( C ) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE ARTIST PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY LIMELIGHT OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE ARTIST PLATFORM;
( D ) ANY ERRORS OR OMISSIONS IN THE ARTIST PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
( E ) YOUR FAILURE TO PROVIDE LIMELIGHT WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR PASSWORD SUITABLY CONFIDENTIAL;
( F ) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE ARTIST PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT;
ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE ARTIST PLATFORM MUST BE NOTIFIED TO LIMELIGHT AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LIMELIGHT AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND LIMELIGHT, AND THAT LIMELIGHT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold harmless Limelight, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Limelight.
19. Data protection, privacy and cookies
20. Changes to the Artist Platform and accounts
Limelight reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Artist 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.
You hereby agree that Limelight and its successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, App and/or any Services that Limelight may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, App, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
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.
You may terminate this Agreement at any time by sending notice in writing to Limelight at firstname.lastname@example.org confirming such termination, by removing all of your Content from your account, or by deleting your account and thereafter by ceasing to use the Artist Platform.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will within reasonable time be irretrievably deleted by Limelight, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Limelight assumes no liability for any material that is irretrievably deleted following any termination of your account. Limelight is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
22. Assignment to third parties
Limelight may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Limelight. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Limelight.
24. Entire agreement
25. Third party rights
26. Applicable law and jurisdiction
This Agreement is subject to the laws of the Kingdom of Denmark, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and you hereby agree, and Limelight 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 this Agreement.
Last Amended: April 25, 2017