Terms of Use

Last updated: May 03, 2023

1. Acceptance of Terms

Welcome to kmplist.app ("the Site" or "the Service"). By accessing or using our Service, you agree to be bound by these Terms of Use ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site.

2. Description of Service

kmplist.app provides users with a platform to create, manage, and share music catalogs. The Service is designed for musicians, producers, and songwriters to collaborate on projects, submit tracks for industry opportunities, and monetize their work through exclusive digital collectibles. Users can upload their music under their own terms of negotiation, allowing for flexibility in how they choose to engage with potential buyers or collaborators.

kmplist.app also features a private catalog where songs can be sent directly to artists, ensuring that only the sender and the recipient can access these tracks, fostering exclusive connections within the industry. Additionally, kmplist.app offers public catalogs supported by blockchain technology, ensuring transparency by tracking everything that happens with each song, providing a secure and transparent environment for transactions and rights management.

3. Eligibility

By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms, regardless of your age. If you are under the age of 18, you confirm that you have obtained permission from a parent or legal guardian to use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration

4.1. Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate and complete.

4.2. Account Security

You are responsible for safeguarding your password and any activities or actions under your account. You agree to notify kmplist.app immediately of any unauthorized use of your account.

4.3. Account Responsibility

kmplist.app will not be liable for any loss or damage arising from your failure to comply with these requirements.

5. User Conduct

You agree not to engage in any of the following prohibited activities:

5.1. Unauthorized Use

Accessing or using the Service for any purpose other than that for which we make the Service available.

5.2. Interference with the Service

Interfering with, disrupting, or creating an undue burden on the Service or the networks connected to the Service.

5.3. Violation of Laws

Using the Service to violate any applicable law, regulation, or ordinance.

5.4. Harassment

Harassing, abusing, or harming another person or group.

5.5. Data Mining

Using any automated system, including "robots," "spiders," or "offline readers," to access the Service.

5.6. Unauthorized Access

Attempting to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service.

5.7. Plagiarism and Misuse

Copying, reproducing, modifying, creating derivative works from, decompiling, reverse engineering, or attempting to extract the source code of the Service, its design, structure, or functionality is strictly prohibited. Any attempt at plagiarism or misuse of information will be penalized under the laws of the state of Florida.

6. User Content

6.1. Ownership

You retain all rights to the content you submit, post, or display on or through the Service ("User Content").

6.2. License Grant

By submitting User Content, you grant kmplist.app a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service.

6.3. Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it.

6.4. Prohibited Content

You agree not to post User Content that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, or otherwise objectionable.

7. Intellectual Property Rights

7.1. Ownership

The Service and its original content, features, and functionality are and will remain the exclusive property of kmplist.app and its licensors.

7.2. Trademarks

All trademarks, service marks, and trade names are proprietary to kmplist.app or its affiliates and/or third-party licensors.

7.3. Restrictions

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from kmplist.app.

7.4. Protection of Intellectual Property

You acknowledge and agree that the Service contains confidential and proprietary information, including but not limited to design, structure, functionalities, and source code. You agree not to disclose, share, or use such information for any purpose other than the authorized use of the Service.

8. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

9. Third-Party Links and Services

9.1. Links

The Service may contain links to third-party websites or services that are not owned or controlled by kmplist.app.

9.2. No Endorsement

kmplist.app has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

9.3. User Responsibility

You acknowledge and agree that kmplist.app shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of such content, goods, or services available on or through any such websites or services.

10. Termination

10.1. Termination by kmplist.app

We may suspend or terminate your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

10.2. Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimers

11.1. "As Is" Basis

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. kmplist.app makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties.

11.2. No Warranty

kmplist.app does not warrant that the Service will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected.

12. Limitation of Liability

12.1. No Liability

In no event shall kmplist.app, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages.

12.2. Maximum Liability

kmplist.app's aggregate liability for all claims relating to the Service shall not exceed the amount paid by you to kmplist.app for the Service in the last twelve (12) months.

13. Indemnification

You agree to defend, indemnify, and hold harmless kmplist.app and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the state of Florida, without regard to its conflict of law provisions.

15. Dispute Resolution

15.1. Negotiation

In the event of any dispute arising out of or relating to these Terms, the parties agree to attempt in good faith to resolve the dispute informally before initiating any legal action.

15.2. Arbitration

If the dispute cannot be resolved through negotiation, it shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

15.3. Jurisdiction

The seat of arbitration shall be in the state of Florida, and the arbitration proceedings shall be conducted in English.

16. Changes to Terms

kmplist.app reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

17. Confidentiality and Protection of Content

17.1. Confidential Information

You may have access to confidential and proprietary information of kmplist.app, including but not limited to unreleased features, technical information, marketing materials, and user data.

17.2. Confidentiality Obligation

You agree to maintain the confidentiality of all confidential information and not to disclose it to any third party or use it for any purpose other than the authorized use of the Service.

17.3. Legal Measures

Any violation of this confidentiality obligation may result in legal action, including but not limited to claims for damages and injunctive relief.

18. Protection of Intellectual Property

18.1. Prohibition of Reverse Engineering

You are prohibited from decompiling, reverse engineering, or attempting to obtain the source code of the Service.

18.2. Prohibition of Plagiarism

Any attempt to copy, duplicate, or reproduce the design, structure, functionality, or any other aspect of the Service will be considered an infringement of intellectual property rights and will be legally prosecuted.

18.3. Legal Compliance

We reserve the right to take all necessary legal measures to protect our rights, including but not limited to actions under the copyright and intellectual property laws of the state of Florida and applicable federal laws.

19. Force Majeure

kmplist.app shall not be liable for any failure to perform its obligations hereunder due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20. General Provisions

20.1. Entire Agreement

These Terms constitute the entire agreement between you and kmplist.app regarding the Service and supersede all prior agreements.

20.2. Waiver

The failure of kmplist.app to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20.3. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

20.4. No Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person or entity other than you and kmplist.app.

20.5. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without kmplist.app's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. kmplist.app may assign or transfer these Terms without restriction.

21. Additional Provisions

21.1. Intellectual Property Protection

By using kmplist.app, you agree not to copy, imitate, or replicate the design, functionality, or features of the platform without prior written consent from kmplist.app. Any such actions will be considered a breach of these terms and may result in legal consequences.

21.2. Use of Artist Images

The images of artists displayed on kmplist.app are intended solely for guidance and identification purposes. These images help producers and composers identify the intended recipients of their creations, enhancing the chances of delivering music to the right artist. These images do not imply any endorsement or direct affiliation with kmplist.app unless explicitly stated.

21.3. Artist Profile Claims

Artists who discover that their profile is listed on kmplist.app without their prior registration are entitled to claim ownership of their profile. Upon claiming and verifying their profile, the artist will gain full ownership of the profile and access to the compositions and productions that have been privately submitted to them through the private catalog feature.

It is important to note that claiming a profile does not grant the artist ownership of the compositions or productions submitted to them. The private catalog serves as a tool for artists to review and evaluate submitted works and decide whether they are interested in negotiating with the creators for potential use of those works. kmplist.app will assist in facilitating this process while maintaining the privacy and integrity of all user-generated content.

22. Contact Information

If you have any questions about these Terms, please contact us at: