Break The Crates: Terms of Service
Thank you for visiting Break The Crates, a radio music database serving programmers and mixshow DJs with pop, urban, rhythmic and dance music. The following terms and conditions (“Terms”) govern your use of the Break The Crates website (located at www.BreakTheCrates.com) and your use of any and all applications, services, products, platform/technical integrations, subscriptions, graphics, audio, video, images and any other content displayed on, accessed through or associated with Break The Crates (the “Service” or “Services”).
These Terms, along with our Copyright Policy, create a legal contract between you and Break The Crates, LLC regarding your use of the Services. Throughout these Terms, “Break The Crates, LLC” “Break The Crates” “us” “our” and “we” refers to Break The Crates, LLC and its affiliates; and “you” “your” or “User” refers to you, our user — anyone who uses, joins, visits, purchases services from or subscribes to Break The Crates. Record labels, recording artists, management companies and other content owners who would like to promote their music through Break The Crates must also enter into the Label Owner Agreement [contact: email@example.com], which addresses the rights to any materials submitted by content owners to the Service.
Your access to Break The Crates is conditioned on the Terms outlined here and subject to change, suspension, modification or discontinuation at any time. Any new features or tools which are added to the current Service shall be also subject to these Terms. These Terms of Service were last updated on May 27 2012, and are subject to revision at any time. You are advised to check this webpage [www.breakthecrates.com/tos] from time to time for any updates or changes that may impact you, as we reserve the right to update and change the Terms of Service by posting updates and changes here. As all memberships and/or subscriptions will renew on an ongoing basis without notice, it will be your duty to monitor this process.
Description of The Service
Break The Crates is a web service that enables its record label clients to promote music content to a pre-screened group of various industry professionals, including radio programmers, mixshow DJs and music industry executives. We provide secure access to a new music database to a select group of influencers, and in turn provide corresponding analytics, feedback and marketing data to content owners.
Content Rights; Copyright
As DJs and music industry professionals, we created Break The Crates for the purpose of supporting the marketing goals of record labels and other content owners. The Service is used to distribute and otherwise make available promotional music content to a select group of authorized users. Content transfers occur through electronic means, including but not limited to digital streaming, downloadable audio and downloadable video.
Please note that the underlying rights to the material uploaded Break The Crates, including but not limited to copyrights, are owned by the users who have submitted the material. We are not paid for, responsible for or involved with the production or sale of any content made available through our platform. Break The Crates, LLC contracts with labels and other content owners solely for the use of our technology platform, which facilitates the distribution of content to influential industry professionals, e.g., by providing file transfer tools and bandwidth.
Copyrights matter to us. While the sheer volume of submissions prevents us from evaluating and screening what is submitted by our users/ label partners, who assume responsibility for what they have uploaded, we make it our top priority to remove infringing, defamatory, offensive or abusive content upon request. If you notify us of content that infringes your intellectual property rights or the intellectual property rights of a third party, or content that violates our policies, we will review your request and block infringing content from Break The Crates within seven (7) business days.
Our Intellectual Property
Break The Crates, LLC owns and retains all right, title and interest in and to the Services, and all related technology, materials, data, tools, widgets, user activity reports, programming, development, design and intellectual property. This Agreement does not transfer any ownership rights in any of the foregoing to you or any third party. Notwithstanding the content uploaded and owned by our users, all of the content on the Break The Crates website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, designs, trademarks, service marks, trade dress and logos contained herein (marks), are owned by or licensed to Break The Crates, LLC, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you on an “as is” basis for your information and personal use only and may not be copied, reproduced, distributed, transmitted, displayed, publicly performed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective rights holders.
Access to Break The Crates user accounts is strictly limited to qualified employees of radio stations and peripheral industries. Users must apply for an account and undergo an intensive application and verification process. Our record label and content owner users may at any time provide us with written notice to elect to exclude certain users or groups of users from access to their content. As such, we reserve the right to add or delete users from our database of authorized recipients, as well as the right but not the obligation, to suspend or revoke any user’s access to the Services if such user violates any agreement with Break The Crates (including these Terms), or any laws including intellectual property laws.
Break The Crates is offered to its users on a non-exclusive basis for the purpose of finding information about, previewing, streaming and/or downloading materials posted by content owners, as intended through the normal functionality of the Service. To use Break The Crates, you must be an individual (i.e., not a corporation) and have reached the age of majority in the state or jurisdiction in which you reside, be fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and be able to abide by and comply with these Terms. No one under the age of 18 shall use Break The Crates.
You agree not to use Break The Crates in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality, rights of privacy or so-called moral rights). You agree not use the Break The Crates for any illegal or unauthorized purposes, or in a way that could damage its content or impair, interrupt or render less efficient its operation in any way. You agree not to access, or attempt to access, any of the Services by any means other than through the interface provided by Break The Crates, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access, or attempt to access, any of the Services through any automated means, including use of scripts or bots. You also understand that by using the Service you may be exposed to content created by third parties, including but not limited to content created by advertisers, or content that is offensive, indecent or objectionable.
You hereby agree to comply with all applicable local laws and rules regarding online conduct and acceptable content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside. You agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. We may remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violative of a third party’s intellectual property or other legal rights.
As a user of BreakTheCrates.com I hereby agree:
• That I am a reputable music industry professional
• To answer each song's survey question honestly
• That I will not share, distribute or sell my BreakTheCrates login ID and/or password
• To use downloaded content only for professional use on-air
• I will not claim any downloaded content from BreakTheCrates.com as my own
• I will not distribute or sell downloaded content from BreakTheCrates.com as my own
• I will not repost any music from BreakTheCrates.com to any other source; and
• I will adhere completely to BreakTheCrates.com's Terms of Service.
We respect and protect the privacy of our users and take appropriate steps to safeguard your personal information in accordance with these Terms.
Given the targeted nature of our Service, we maintain, process and verify personal information in order to provide account access to a limited pool of industry professionals. When you request a Break The Crates account, we collect personally identifiable information that you provide to us, such as your name, address, phone number, email address, photo, nickname or employer, and you hereby authorize us to use this information to verify your identity and qualifications for a user account. We also use your name and email address to notify you of updates that you have selected for in “Settings”, as well as other information.
In order to access music content, you must log into a Break The Crates account of your own. Use of another’s account is not permitted. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account. You are also responsible for maintaining the security of your account password and agree to notify us immediately of any breach of security or unauthorized use of your account. You may be liable for the losses of Break The Crates, LLC or others due to such unauthorized use or any other use in violation of these Terms. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. Our systems will associate personal information with your activities in the course of providing Services to you (such as pages you view, content you have download or your content ratings). The contents of any item that you post to the Services, including any text, images, photos, videos and audio, are stored and maintained on our servers in order to provide the Services. Your submitted content will be associated with your account. When you send email or other communication to Break The Crates, LLC, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services. We may investigate any reported complaints or violations of these Terms and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Service).
In addition to the above, Break The Crates LLC may process personal information for such purposes as:
• Sending you information related to your Break The Crates account or other Services;
• Auditing, research and analysis in order to maintain, protect and improve our Services;
• Ensuring the technical functioning of our network; and
• Developing new services.
Beyond the content ratings and other analytics that we may share with content owners, we may make identifiable and anonymous information available to third parties in these limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.
After you delete your account, we promptly remove personally identifiable information (such as your name, address, email or phone number) and other preferences associated with your account. We may retain other data indefinitely. Such data may include user information, location updates, and song ratings. You can sign into your account to see or delete any personally identifiable information we have stored, such as your name, address, email or phone number.
Break the Crates retains the right to sell record reports to third party marketers and advertisers as part of our service. Record reports may include identifiable information about the user, location, and rating of each song. California residents are legally entitled (at no charge and no more than once annually) to request information about how we may have shared your information with others for direct marketing purposes. Please contact us at [firstname.lastname@example.org] or [902 Broadway, 4th fl, New York, NY, Attn: Privacy Inquiries] to request such information.
Information we collect may be stored or processed on computers located in any country where we do business. We take reasonable steps to secure your personally identifiable information against the unauthorized access, alteration, disclosure or destruction of data. We encrypt transmission of data on pages where you provide payment information. However, no security or encryption method can be guaranteed to protect information from hackers or human error.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Limitations of Liability; Disclaimer of Warranty
Break The Crates provides content created and uploaded by third parties. Because we have no control over such content, you acknowledge and agree that we are not responsible for and do not assume responsibility or accept liability for any music files, content, advertising, products or other materials on or made available by third parties through our platform. You further acknowledge and agree that we shall not be responsible for or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such music files, content, goods or services available on or through any such site or resource.
Unless specified in separate terms and conditions related to a particular product or service, we hereby disclaim all warranties, express or implied, with respect to Break The Crates including, without limitation, non-infringement, compatibility, completion, or any warranty of merchantability or fitness for a particular use. No advice or information, whether oral or written, obtained by you from Break The Crates, LLC or through or from the Services shall create any warranty not expressly stated in these Terms. The Services are provided on an "as is" and "as available" basis without any representation or endorsement. We make no warranty that the Services will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Services or the server that make them available are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Services.
You expressly understand and agree that Break The Crates and its subsidiaries, affiliates, officers, agents, employees, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for losses (even if we have been advised of the possibility of such damages), resulting from:
• The use or the inability to use the Service
• The costs of procurement of substitute costs goods and services purchased or obtained or messages received or transactions entered into through or from the Service
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Service
• Any other matter relating to the Service
You agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Services by you. We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Services through a third party's hyper-text link. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Services or content offered on the Services whether by us or on our behalf for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation; or any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
You agree to indemnify and hold Break The Crates, LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, losses, damages and expenses, including court costs and reasonable attorney’s fees, made by you or any other person accessing the Service using your PC or Internet access account, due to or arising out of material post, transmit or otherwise make available through the Service, your use of the Service and the content made available through the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another party.
These Terms, along with our Copyright Policy, constitute the entire Agreement between you and Break The Crates, LLC pertaining to the Services, and may not be changed, waived or terminated by you except by an instrument in writing signed by you and Break The Crates, LLC. We shall have the right to assign this Agreement at any time to any person or entity. The Terms are binding upon and shall inure to the benefit of our respective successors and/or assigns.
In the event a dispute shall arise between the parties to these Terms, the parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration & Mediation. The parties agree to share equally in the costs of the mediation.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws principles thereof. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in the State of New York.
Revision of Terms
We reserve the right to revise this policy at any time, including by posting a new version at this website. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Break The Crates: Copyright Policy
Break The Crates, LLC (the “Service” or “Services”) provides a platform to enable record labels, artists, producers and other copyright owners to distribute promotional content to DJs and entertainment industry professionals. We are not paid for, responsible for or involved with the production or sale of any third-party content made available through our platform. We do not evaluate or screen what is posted to the Service due to the sheer volume of user submissions.
We care about copyrights, and we make it our top priority to remove infringing, defamatory, offensive or abusive content upon request. Please note that it is our policy to comply fully with the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively the "Act"). This page lists our requirements under the Act for notice of copyright infringement and for responses to such a notice if you or your materials are accused.
Break The Crates, LLC has appointed and registered email@example.com as our copyright agent to receive notifications of claimed infringement and have informed the U.S. Copyright Office of this appointment. The legal/ support administer's address, phone number and e-mail address are as follows:
Break The Crates, LLC
902 Broadway, 4th Floor
New York, NY 10010
As explained in more detail below, the Act requires the removal or disabling of access to content claimed to be, or reasonably determined by the Break The Crates, LLC, the subject of infringing activity. If the Act requires content to be removed from the Service, we will remove the remove the content.
Notice of Copyright Infringement
Under the Act, all notices of alleged copyright infringement must be made in writing. If you believe that content on Break The Crates, at the direction of a third party, violates any of your exclusive rights under United States copyright law, you must send a written communication to our Copyright Agent at the contact above. The written communication should include the following:
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an e-mail address.
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• The following statement: "I have a good faith belief that the use of materials described above is not authorized by the copyright owner, its agent, or the law."
• The following statement: "The information in this notification is accurate and that I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
We have no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false. Pursuant to the Act, you may be liable for damages, including court costs and attorney fees, if you misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material on Break The Crates infringes your copyright, we urge you to first consult an attorney.
Upon receipt of the above notice of infringement, we will respond expeditiously and remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity as required by the Act. Our Copyright Agent will take reasonable steps to promptly notify the affected uploader.
If we have removed your content from Break The Crates due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Copyright Agent above. That written communication should include the following:
• Identification of the content that has been removed from Break The Crates or to which access has been disabled.
• Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an e-mail address.
• A physical or electronic signature from you or from a person authorized to act on your behalf.
• The following statement: “Under penalty of perjury, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
• The following statement: "The information in this notification is accurate, and I swear, in good faith and under penalty of perjury, that the content was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
• The following statement: “I consent to the jurisdiction of New York for the judicial district in which such address is located, and will accept service of process from the person who provided notification of copyright infringement or an agent of such person.”
If you have served a counter notification complying with the above requirements, please note that we will promptly provide the person who provided the initial infringement statement with a copy of the counter notification and will inform such person that Break The Crates, LLC will replace the removed material or cease disabling access to it within 10-14 business days. We will then replace the removed material and cease disabling access to within 10-14 business days following receipt of the counter notice unless the copyright owner delivers to our Copyright Agent notice that it has filed an action seeking a court order. If we receive a notification from a copyright holder who has procured an enforceable injunction prohibiting Break The Crates, LLC from providing access to allegedly infringing material, we will follow the requirements of the injunction.
Other Types of Infringement
The policies and processes outlined above are applicable to copyright only. If you discover any content that you believe to be in infringement of any other intellectual property rights or in violation of our policies, please contact firstname.lastname@example.org.
We may revise this policy at any time, including by posting a new version at this website.