TERMS OF SERVICES
The Services are accessible through the Site. The Site and the Services are operated by Label_ess (soon to be Ltd) whose registered office is located at Quinto Sol, Andador Kambul Mz12 L110, Aldea Zama Local 1, 77760 Tulum, Q.R., Mexico (hereinafter: “Label_ess”)
Label_ess can be contacted at the following coordinates:
- Mailing address: Quinto Sol, Andador Kambul Mz12 L110, Aldea Zama Local 1, 77760 Tulum, Q.R., Mexico
- E-mail address: support@label_ess.com
Site Operation and Definitions3.1. Site Operation
The Site allows artists (and their representatives) (hereinafter: the "Customers") to upload music on a platform which makes it visible strictly to media representatives, labels, radio station workers and musical influencers and playlist makers (hereinafter: the "Musical Influencers") in order to initiate tradings. (hereinafter: the "pitching").3.2. Definitions
Customer: designates any legal or physical person using the Site in order to send music to Musical Influencers. These may be musical artists, artist's representatives or any other User who wishes to send a piece of music to www.label-ess.com.
Piece: it is the part or the totality of a musical work of which the Customer holds the exploitation rights. Pitching: designates a link to an external service hosting the Piece and allowing you to listen to it freely and without charge (e.g. Youtube, Soundcloud, Bandcamp - non-exclusive list) and/or from a player integrated on the Site. These links may be public or private. Links to a Piece fall within the scope of article 19, detailing the use of third-party services.
Musical Influencer: refers to the media, blogs, playlists, independent journalists, labels and bookers (non-exhaustive list) - approved by Label_ess - who may provide positive Feedback to Customers on the Music Pieces they accessed.
Mandate: means the invoicing mandate concluded between the Musical Influencer and Label_ess under the terms of which the Musical Influencer agrees to entrust Label_ess, in compliance with the applicable rules, with the preparation and issue of its invoices relating to its activities on the Site.
PayPal: means one of the secure payment services offered by Groover to Users.
Services : means all the services provided by Label_ess on the Site, and in particular, the service enabling Customers to upload their Songs to Musical Influencers and to obtain “invites” for the service of making instant playlists placement. The service for providing billing tools and payment methods, as well as services designed to assist the Client in becoming visible for a selection of Musical Influencers.
Site: refers to the website whose address is www.Label_ess.com. Users: refers to both Musical Influencers and Clients. User group A refers to Clients or Artists. User group B refers to Musical Influencers.Access to the Site and Services
The Services are accessible to Users, subject to the restrictions provided on the Site:
to any natural person with full legal capacity to commit under these terms and conditions. The natural person who does not have full legal capacity can access the Site and Services only with the agreement of his legal representative;
to any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.Acceptance of the general terms and conditions Acceptance of these terms and conditions is materialized by a checkbox (with a link to these terms and conditions) when creating an account on the Site or Submitting a song through our placeholder landing page. This acceptance can only be full and complete. Any conditional membership is considered null and void. The User who does not agree to be bound by these general terms and conditions must not use the Services. RegistraCon on the Site 6.1.The use of the Services requires that the User registers on the Site, by filling out the account creation form provided for this purpose. The User must provide all the information marked as mandatory (indicated with asterisks). Any incomplete registration will not be validated. Prior to its validation, the Musical Influencers registration is examined by Label_ess. zThe application for registration is assessed according to the following criteria: - the presence of the Musical Influencer on social networks and his/her/their influence in the music world, - The Musical Influencer must be a producer of quality content (strong editorial and aesthetic line, content content content recognized in the musical ecosystem, serious and rigorous publication, etc.), - the Musical Influencer must be active in his/her/their field of activity(frequent publication or accompaniment of artists, concrete operational activity, followers etc.). Label_ess reserves the right to refuse any application for registration, at its own discretion and without the Musical Influencer being able to claim any compensation for this. 6.2.To notify the User of the validation of his/her/their registration, Label_ess sends him/her/them a confirmation email. Once registration has been confirmed, an account will be opened in the User's name (hereinafter: the "Account"), giving the User access to a personal space (hereinafter: the "Personal Space") which will enable the User to manage his use of the Services in a form and using technical means that Label_ess deems most appropriate for the provision of the Services. The User guarantees that all the information he,she or they provides in the registration form is accurate, up to date and truthful and is not misleading. He or she or they undertakes to update this information in his or her or their Personal Space in the event of any changes, so that it always corresponds to the above-mentioned criteria. The User is informed and accepts that the information entered for the purpose of creating or updating his/her/their Account is proof of his/her/their identity. The information entered by the User commits him/her/them as soon as it is validated. 6.3. The User may access his/her/their Personal Space at any time after having identified himself/herself/themselves using his/her/their login and password. The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility for them. The User agrees not to create and use more than one personal Account per User on the Site. 6.4.The User is likewise responsible for maintaining the confidentiality of his or her or their login and password and must immediately contact Label_ess at the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges Label_ess’s right to take all appropriate measures in such a case. Description of Services The User has access to the Services described on the Site, in a form and with the functionalities and technical means that label_ess deems most appropriate. The Site operated by label_ess operates as follows: 7.1. For Customers : • label_ess offers the Customer access to be heard by a list of Musical Influencers (media, blogs, playlists, independent journalists, labels and bookers ... without this list being exhaustive) to which the Customer may upload one or more of his Piece(s) or those of one or more artists he represents (for agents, managers, press attachés or other artist representatives). The Songs are sent as Links to a Song/Piece. 7.2. For Musical Influencers : • Musical Influencers are free to browse between pieces of music once they are signed in to the platform. Liking a piece will automatically save the liking of the piece on the Site and display it in their Personal Space. Liking a piece triggered a nudge to offer the artist to be featured on a playlist, radio program, podcast, blog or other media the Musical Influencer has ownership of. The musical Influencer will receive an algorithm calculated price from filling out which media/playlist he is offering to add the music piece to, and with one click he/she/they can invite the artist to pay the algorithm calculated price to get featured over an agreed period of time. 7.3. For all Users : The User has a profile (hereinafter: the "Profile") that can be accessed and modified from the user’s Personal Space. The Profile is completed by the User himself, or from information publicly available on the web, or from information collected during the use of the Services and which does not correspond to the framework of "personal data" as defined in the Privacy Statement, unless expressly authorized by the User. The information and data of the User's Profile will be publicly accessible by all visitors and Users of the Site.