Welcome to The Source Site, which is located at www.metoomusic.com/thesource (the "Site"). The following Terms of Service
("TOS") contain the terms and conditions that govern your use of the Site and The Source Service (as defined
below). Purchase of any product or service on the Site constitutes your agreement to and acceptance of all the TOS.
The Source (a division of MeTooMusic, along with our licensees and assignees referred
in this Agreement as “us” and “we” and “The Source”) reserves the right to revise this
TOS in its sole discretion at any time and without prior notice to you other than by posting the revised TOS on the Site.
Any revisions to the TOS are effective upon posting. The TOS will be identified as of the most recent date of revision. It
is incumbent upon you to visit this page periodically to ensure your continued acceptance of this TOS. Your continued use
of the Site after a revised version of this TOS has been posted by The Source to the Site constitutes your binding acceptance
of such revision and the revised TOS. Notwithstanding the preceding sentences of this paragraph, no revisions to this TOS
will apply to any dispute between you and The Source that arose prior to the date of such revision.
1. The Source Service. The Source provides a number of Internet-based services and products through the
Site (all such services, collectively, the "The Source Service" and “Products”). The Source users may
create and purchase individual Products for their own use or sell Products through the Site. Users who are artists and who
would like to sell Products for digital download must also enter into the Digital Rights Agreement, found here: http://metoomusic.com/thesource/id28.html Users who are artists who would like to sell Products through the Site (via The Source on a consignment
basis) must also enter into the Artist Consignment Agreement, found here: http://metoomusic.com/thesource/id28.html
2. Use of the Site and The
(a) Eligibility. The Source will only knowingly provide The Source
Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but
at least 13 years of age, you may use The Source Service only under the supervision of a parent or legal guardian who agrees
to be bound by these TOS. The Source Service is not intended for children under the age of 13.
(b) Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these
TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use
The Source Service and the Site.
(c) Your License to Use
the Site and The Source Service.
(1) The Source
and its licensors solely and exclusively owns all intellectual property and other right, title and interest in and to The
Source Service and Site, except as expressly provided for in these TOS. You will not acquire any right, title or interest
therein under these TOS or otherwise.
(2) The Source grants you
a limited revocable license to access and use the Site and The Source Service for its intended purposes, subject to your compliance
with these TOS. This license does not include the right to collect or use information contained on the Site for purposes prohibited
by The Source; create derivative works based on the Products or any third party content available via the Site; or download
or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach
this TOS, The Source may revoke the license granted to you.
(3) This Section
2(c) does not pertain to your intellectual property rights. Any rights relating to materials that you upload to the Site are
covered by the Digital Rights Agreement (https://members.cdbaby.com/AlbumDetails/Contract.aspx).
(d) Third-Party Services. The Source may use third parties to provide certain services accessible through the Site. The Source
does not control those third parties or their services, and you agree that The Source will not be liable to you in any way
such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with The
Source's TOS, agreements or policies, you must comply with The Source's TOS, agreements or policies, as applicable.
3. Rules for Use Of the Site.
(a) Prohibited Use. Except as may be expressly permitted by The Source, you may not: (i) interfere
with The Source Service by using viruses or any other programs or technology designed to disrupt or damage any software or
hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide
The Source Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the
Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect
electronic mail addresses or other information from third parties by using The Source Service; (v) impersonate another person
or entity; (vii) use any meta tags, search terms, key terms, or the like that contain The Source's name or trademarks; (viii)
engage in any activity that interferes with another user's ability to use or enjoy The Source Service; or (ix) assist or encourage
any third party in engaging in any activity prohibited by these TOS.
(c) Ordering Products. If you purchase Products, you agree to do so in accordance with The Source's Customer Bill of Rights
below. Title to Products that you buy will pass to you upon delivery of the Products to the common carrier.
* If you need to cancel your order, contact Customer Service by email: mailto:firstname.lastname@example.org or by phone at 1 (618) 215-6308. Our service
hours are from 7:00am PST to 5:00pm PST Monday through Friday. Please include the order number of the item that you would
like to cancel. If you’ve already completed an order and wish to add a new item to that order, you’ll need to
cancel that order and place a new order. Please note that if your order has already been processed, you may not
be able to cancel it or modify it.
* If you’d
prefer to order the Product over the phone, you can call us at 1 (618) 215-6308. Our service hours are from 7:00am CST to
5:00pm CST Monday through Friday.
(d) Monitoring. The Source reserves the right, but does not assume
the obligation, to monitor transactions and communications that occur through the Site. If The Source determines, in its sole
and absolute discretion, that you or another The Source user will breach a term or condition of these TOS or that such transaction
or communication is inappropriate, The Source may cancel such transaction or take any other action to restrict access to or
the availability of any material that may be considered objectionable, without any liability to you or any third party.
(e) Modification of the Service. The Source may modify the Source Service at any time with or
without notice to you, and will incur no liability for doing so.
4. Submissions. When you submit questions, comments, suggestions,
ideas, message board postings, material submitted via web forms, contest entries, communications or any other information
("Submissions"), you grant The Source permission to use such submissions for marketing and other promotional purposes.
You agree that The Source will have no obligation to keep any Submissions confidential and you will not bring a claim against
The Source based on "moral rights" or the like arising from The Source's use of a Submission.
5. Representations and Warranties.
(a) Mutual Representations and Warranties. You represent and warrant to The Source and The Source represents
and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the
execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other
agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the
party entering into these TOS, enforceable in accordance with their terms and conditions.
(b) By You. You represent and warrant to The Source that, in your use of the Source Service, you: (i) will not
infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any
third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to The
Source that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened
with respect to any of your Submissions; (ii) The Source will not be required to make any payments to any third party in connection
with its use of your Submissions, except for the expenses that The Source incurs in providing the Source Service; (iii) the
use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any
third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or
damage any software or hardware.
6. Disclaimers, Exclusions,
(a) DISCLAIMER OF WARRANTIES. THE SOURCE PROVIDES THE SITE AND THE SOURCE SERVICE
ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SOURCE DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SOURCE
SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS,
OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. THE SOURCE MAKES NO WARRANTIES OTHER THAN
THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. THE SOURCE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING
TO OR CONNECTED WITH THE USE OF THE SOURCE SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
(c) LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS
AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY
OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY THE SOURCE TO YOU DURING
THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
7. Indemnification. You will indemnify and hold The Source and its employees, representatives, agents,
affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense
(including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action
("Claim") brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify
The Source under this Section, The Source will have the right to control the defense, settlement, and resolution of any Claim
at your sole expense. You may not settle or otherwise resolve any Claim without The Source's express written permission.
(a) Termination. The Source may suspend or terminate your use of the Site or The Source Service if it believes, in its sole and
absolute discretion that you have breached a term of these TOS.
(b) Survival. These
TOS will survive indefinitely unless and until The Source chooses to terminate them.
(c) Effect of Termination. If you or The Source terminates your use of the Site or the The Source Service, The Source may delete
any Submissions or other materials relating to your use of the The Source Service on The Source's servers or otherwise in
its possession and The Source will have no liability to you or any third party for doing so.
9. Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the
other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give
notice to The Source, you must use the following addresses: The Source, 5925 NE 80th Avenue, Portland, OR 97218 or email@example.com.
If The Source provides notice to you, The Source will use the contact information provided by you to The Source. All notices
will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight
courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message
was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given
communication be "in writing," you agree that email communication will satisfy this requirement.
10. Dispute Resolution.
(a) Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND THE SOURCE AND EACH OF OUR RESPECTIVE SUBSIDIARIES,
AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY
BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES
AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit
in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court,
and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
Please visit www.adr.org for more information about arbitration.
(b) Commencing Arbitration. A
party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate
(a “Notice”), or, in the absence of a mailing address provided by you to The Source, to you via any other method
available to The Source, including via e-mail. The Notice to The Source should be addressed to: [The Source / ATTN: Levi King
/ 6105 Heritage Station Road / Belleville, IL /62223] (the “Arbitration Notice Address”). The Notice must (i)
describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”).
If you and The Source do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or The
Source may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL
BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION
RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT.
The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the
Notice Address. If you are required to pay a filing fee to commence an arbitration against The Source, then The Source will
promptly reimburse you for your confirmed payment of the filing fee upon The Source receipt of Notice at the Arbitration Notice
Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand
is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
(c) Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent
and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and The Source agree to comply
with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens
on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions,
the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal
appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment
on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) No Class Actions. YOU AND THE SOURCE AGREE THAT YOU AND THE SOURCE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR
ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER,
YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE,
THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
(e) Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days
from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests
of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall
be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator
shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator
shall apply the laws of the State of Illinois in conducting the arbitration. You acknowledge that this Agreement and your
use of the Services and the Website evidence a transaction involving interstate commerce. The United States Federal Arbitration
Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
(f) Applicable Law. This Agreement and your use of the Services and the Website shall be governed by
the substantive laws of the State of Illinois without reference to its choice or conflicts of law principles. Only if the
Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and The Source under this
Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in St. Clair County, Illinois,
and you and The Source hereby submit to the personal jurisdiction and venue of these courts.
(g) Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any
claim in which The Source seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement
by The Source or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other
equitable relief against The Source, and your only remedy shall be for monetary damages, subject to the limitations of liability
set forth in this Agreement.
(h) Claims. You and The Source agree that, notwithstanding
any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement,
the Services or the use of the Website, excluding a claim for indemnification, must commence within one year after the cause
of action accrues. Otherwise, such cause of action is permanently barred.
(i) Improperly Filed Claims. All claims you bring against The Source must be resolved in accordance with this Dispute Resolution section. All
claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file
a claim contrary to this Dispute Resolution section, The Source may recover attorneys’ fees and costs up to $5,000,
provided that The Source has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw
11. Notice and procedure for making claims
of copyright or other intellectual property infringements.
Source respects the intellectual property of others and takes the protection of copyrights and all other intellectual property
very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Site or The
(b) The Source’s intellectual property policy is to (1) remove material
that The Source believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the
intellectual property of a third party by being made available through the Site, and (2)remove any Products or Submissions
posted to the Site by “repeat infringers.” The Source considers a “repeat infringer” to be any user
that has uploaded Products or Submissions to the Service and for whom The Source has received more than two takedown notices
compliant with the provisions of 17 U.S.C. § 512(c) with respect to such Products or Submissions. The Source has discretion,
however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon The Source’s
(c) Procedure for Reporting Claimed
Infringement. If you believe
that any Productions or Submissions made available on or through the Site or The Source Service have been used or exploited
in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification
of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication
must include substantially the following:
(i) A physical or electronic
signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
(ii) Identification of works or materials being infringed, or, if multiple works are
covered by a single notification, a representative list of such works;
Identification of the specific 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 The Source to locate
(iv)Information reasonably sufficient to permit The
Source to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may
(v) A statement that you have a good faith belief that
the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your
obligations to provide a valid notice of claimed infringement.
(d) Designated Agent Contact Information. The Source’s Designated Agent for notices of claimed infringement can be contacted
Via E-mail : firstname.lastname@example.org
Via U.S. Mail :
Attn: Levi King, 6105 Heritage Station Road, Belleville, IL 62223
(e) Counter Notification. If you receive a notification from The Source that material made available by you on or through the Site or The Source
Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide The Source
with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided
to The Source’s Designated Agent through one of the methods identified in Section 11(d) of this TOS, and include substantially
the following information:
(i) A physical or electronic signature
of the subscriber;
(ii) Identification of the material that has been removed
or to which access has been disabled and the location at which the material appeared before it was removed or access to it
(iii) A statement under penalty of perjury that the
subscriber has 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; and
(iv) The subscriber’s
name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District
Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United
States, for any judicial district in which The Source may be found, and that the subscriber will accept service of process
from the person who provided notification under Section 11(c) of this TOS above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. §
512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
(f) False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides
[a]ny person who knowingly materially misrepresents under [Section
512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity
was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’
fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service
provider, who is injured by such misrepresentation, as the result of [The Source] relying upon such misrepresentation in removing
or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing
to disable access to it. 17 U.S.C. § 512(f). The Source reserves the right to seek damages from any
party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance
of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section 11
should be sent to the Designated Agent at the e-mail or postal address set forth above. Any other comments, compliments, complaints
or suggestions about The Source, the operation of the Site or The Source Service or any other matter should be sent to email@example.com.
12. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and
construed in accordance with the laws of the State of Illinois without reference to conflict of law principles. These TOS
will not be assignable or transferable by you without the prior written consent of The Source. The Source may freely assign
or transfer any rights granted by you to The Source under these TOS. These TOS (including all of the policies and other Agreements
described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties
regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties
regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will
operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or
further exercise thereof or the exercise of any other such right, power, or privilege. You and The Source are independent
contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these
TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any
other provision of these TOS, all of which will remain in full force and effect. The headings used in this TOS are for convenience
only, do not constitute a part of this TOS, and shall not be deemed to limit or affect any of the provisions hereof.