Terms of Service
1. Acceptance of Terms:
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and NABSOLUTE LTD, doing business as SPINHEARD ('SPINHEARD,' 'we,' 'us,' or “our”), concerning your access to and use of the sites spinheard.com and/or spinheard.club as well as any other media form, media channel, mobile website or application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. Account Registration:
2.1.To create campaigns and participate in contests on the Platform, you must register for an account. You must provide accurate, complete, and up-to-date information during the registration process.
2.2.You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other security breach.
3. Campaign Creation and Participation:
3.1.Artists may create campaigns for their unreleased or released songs/albums on various music platforms .
3.2.The creation of campaigns may require the artist to pay a fee of $10. The fee is non-refundable, regardless of the campaign's outcome or performance.
3.3.Fans and users may participate in campaigns by pre-saving the artist's songs/albums on the selected music platforms. Participants may also refer others to pre-save the songs/albums to earn rewards or prizes, as determined by the artist.
3.4.We provide the tools for artists to create campaigns, monitor fan participation and reward fans per their promise after completion of any campaign. The responsibility of fulfilling campaign promises rests entirely with the artist and their team. We will not be held responsible or liable for any unfulfilled promises as our platform has made all the necessary tools available for artists to monitor and reward deserving fans accordingly.
4. Content Guidelines:
4.1.Users, including artists and participants, must comply with all applicable laws and regulations while using the Platform.
4.2.You may not upload, post, or share any content that is illegal, defamatory, obscene, offensive, or infringes upon the intellectual property rights or privacy of others. 4.3. We reserve the right to remove any content that violates these Terms or that we deem inappropriate, without prior notice.
5. Intellectual Property:
5.1.The Platform and its contents, including but not limited to text, graphics, logos, trademarks, images, videos, and software, are the intellectual property of [NABSOLUTE LTD, operating spinheard.com and/spinheard.club] or its licensors. You may not reproduce, distribute, modify, or create derivative works of any content on the Platform without our explicit written consent.
5.2.By submitting content to the Platform, including campaign materials and contest entries, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, distribute, and display the content for the purposes of operating the Platform and promoting our services.
6. Privacy:
6.1.Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose your personal information
7. Privacy:
7.1.The Platform and its services are provided on an "as is" and "as available" basis. We make no warranties or representations of any kind, express or implied, regarding the Platform's operation, content, or services.
7.2.We shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from your use of the Platform or participation in campaigns and contests, even if we have been advised of the possibility of such damages.
8. Indemnification:
8.1.You agree to indemnify and hold [Your Company Name], its affiliates, officers, directors, employees, and agents harmless from any claims, losses, liabilities, damages, costs, or expenses, including attorneys' fees, arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.
9. Modification of Terms:
9.1.We reserve the right to modify or update these Terms at any time, without prior notice. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform after the posting of revised Terms constitutes your acceptance of the changes.
10. Termination:
10.1.We may, at our sole discretion, suspend or terminate your account or access to the Platform, with or without cause and without prior notice.
11. Governing Law:
11.1.These Terms shall be governed by and defined following the laws of Nigeria. NABSOLUTE LTD and yourself irrevocably consent that the courts of Nigeria shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
12. Dispute Resolution:
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Lagos, Nigeria. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Nigeria.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
13. Entire Agreement:
13.1.These Terms constitute the entire agreement between you and [NABSOLUTE LTD operating spinheard.com and/or spinheard.club] regarding your use of the Platform and supersede all prior and contemporaneous agreements, understandings, and representations.
If you have any questions or concerns about these Terms, please contact us at info@spinheard.com.
These Terms and Conditions are an integral part of SpinHeard’s legal framework and apply to all users of the Platform. By using SpinHeard, you acknowledge and agree to the terms outlined in this document.