Nimbit Terms of Service
POSTED AND EFFECTIVE: 5/9/2011 (updated: 6/1/11)
Hi. We’re really glad you’ve decided to use Nimbit to help build and manage your music business. But before you get started, it’s really important that you read and agree to these Terms of Service below. It’s pretty detailed, but important stuff. Don’t be afraid – we’ve done our best to put these terms in an understandable form, but there are still some places where our lawyers made reading it feel like getting a root canal to read (and oxycotin doesn’t come with this service.)
To get you started, here are some things that you might be wondering about:
Q: Is Nimbit exclusive? Am I signing my future away to you?
A: No. Unlike the “major labels of old”, we don’t lock you into anything. And we don’t ask you to sign your rights away. The only rights we need are the ones necessary to help us help you market and sell on your behalf.
Q: Can I sell covers?
A: You have to either own or control the rights to everything you upload, market and sell, or have a compulsory license from the copyright holder to market and sell the cover and grant us the rights below. So whether you’re selling or giving away music, don’t upload cover songs unless you have all permissions and authorizations in writing.
Q: How much does it cost, what commissions do you charge?
A: In general, the paid plans start at about a “couple of beers a month”. For all of our plans, we make money when you do – our commissions are only 16.5% plus a 3 1/2 % transaction processing fee, or less, which means you keep at least 80%.
Q: I use another service; can I also use yours?
A: Yes. We have no problem if you use other tools and services. We’re here to help you, not limit who else can also help you.
Now on to the important legal stuff …
(note: the info above isn’t legally binding, the stuff below is)
1. THE SERVICE
Please read these Terms of Use (“Agreement”, “Terms of Service”, or “TOS”) carefully before using software and services offered by Nimbit, Inc. (“Nimbit”, “Company”, “we”, “us”).
This Agreement sets forth the legally binding terms and conditions for your use of the website at www.nimbit.com and related Company websites (the “Site”) and the product and services owned and operated by the Company (collectively with the Site, the “Service”). By using the Site or Service in any manner, you (“you”, “your”) agree to be bound by this Agreement, and that you have the legal authority to enter into this Agreement.
The Company reserves the right to add to, delete or change these TOS and any fees at any time and for any reason because of frequent changes in technology, the market, the business, and applicable law. Your continued use of the Service constitutes your binding acceptance of any such changes or modifications that we may make. As such, you should check these TOS from time to time for such changes. We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all parts or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend, or discontinue all aspects or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us.
2. RULES OF USE AND CONDUCT
Without limiting the foregoing, you agree that you will not: use the Service in an illegal manner; defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, information, or any other material which might otherwise subject the Company to public disparagement or scorn; manipulate the data or statistics for certain materials; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; or download any file that you know or reasonably should know cannot be legally distributed.
We reserve the right to automatically change your username and remove your content from the Service at any time without notice for any reason whatsoever. You agree not to disclose or share your Service account password.
Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court, and law-enforcement requests, or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. The Company reserves the right in its sole and absolute discretion to restrict or remove from its Site and Service any content that it deems to be in violation of its acceptable use policy or any laws. In the event the Company takes action due to such possible violations, the Company shall not be obligated to refund to you any fees paid in advance of such action.
We take copyright infringement seriously. We will remove a product if we receive an official Take Down notice for content. We will attempt to notify you of the Take Down Notice. If we do not receive a counter claim “Put Back” notice in accordance to section 512 of the Online Copyright Infringement Liability Limitation Act we will take down the related content. Furthermore, we may charge a “Take Down” fee of $25 per product to your account.
In addition, further terms for the use of email and messaging as part of the Service are below (e.g., CAN-SPAM).
3. REPS, WARRANTIES, AND LICENSE
You represent and warrant to the Company and the Company represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this Agreement, (ii) the execution and performance of your or its obligations under this Agreement does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this Agreement is a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with these terms and conditions.
You represent and warrant to the Company that, in your use of the 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 Company 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 submitted material (“Submissions”); (ii) the Company will not be required to make any payments to any third party in connection with its use of your Submissions, including but not limited to payments (except for the expenses that the Company incurs in providing the Service) to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds; and you have secured all third-party consents, licenses, and permissions necessary to enter into and perform under these Terms; (iii) the use of any instructions, recommendations, or the like contained in your Submissions will not cause injury to any third party; (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or systems; (v) your Submissions do not and will not violate any law, statute, ordinance, or regulation; and (vi) your Submissions are not and will not be defamatory, trade libelous, pornographic, or obscene.
By making your Submissions, you grant the Company and our business partners a worldwide, royalty-free, non-exclusive, license to: host and display your materials to users on our Site and our business partners’ Web sites, in whole or in part, alone or in compilation with content provided by third parties; make your material accessible to Site users and those of our business partners; distribute or otherwise make your material accessible, at your discretion, to Site users and those of our business partners for streaming, download, and or purchase; copy your materials to our servers or those of our business partners; re-encode your materials; edit your materials (but not your music) to ensure that they comply with our policies and guidelines; use, display and/or transmit any cover artwork, screen shots and/or liner notes included in your material; and, use any trademarks, service marks, or trade names incorporated into your material and use the names and approved likeness of any individual whose performance or image is contained in your material. You specifically grant the Company the right to sublicense any of the aforementioned rights to third-party distribution outlets with which the Company partners for the purpose of promoting, marketing and selling such materials (“Distribution Outlets”). In addition, you grant the Company all rights necessary to distribute, exploit, transmit, perform, exhibit, and make available by streaming audio or other digital media, or by any other means now known or hereafter devised, any sound recordings or musical compositions or other content that you provide to the Company to Distribution Outlets with which we have partnered for the purpose of distributing, promoting and marketing such material on your behalf. By using the Service, you grant us the right to use your name and likeness to promote your store on the Sites, and to be included on lists of representative artists who use the Service. Any music or digital samples you upload can be listened to or viewed by anyone on the Site and free to preview. You hereby grant a license to the Company and its affiliates whereby we may allow users to listen to and purchase your recordings, including any digital samples, and view and/or listen to any and all digital and physical products, artwork, images, graphics, logos, sounds, or anything else provided by you for marketing and sale through the Service, free of any performance rights royalties. Therefore, you agree to grant the Company and partners sufficient license to do so and that you must own or have proper licensing in order to upload samples.
If you choose to sell non-digital goods through the Service and have the Company fulfill those orders, then you agree that: (a) Within ten days of adding your goods to a store, you will deliver an initial stock of ten units of each product to the Company; (b) you will deliver product in “retail ready” form (e.g., CDs/DVDs properly packaged and shrink-wrapped, clothing individually bagged or shrink-wrapped with sizes clearly marked, fragile and odd-sized merchandise such as mugs and posters pre-packaged for retail shipping.) Nimbit reserves the right to reject any product that is not properly delivered for retail sale or to modify the commission rate for items that require excessive handling; (c) Nimbit retains sole control of all business, creative and technical aspects and may refuse to post any product for any reason or for no reason at any time; (d) Products missing in shipment in route to a Company customer are your sole responsibility (the Company shall use reasonable efforts to report any such incidents that it becomes aware of to you in a reasonable timeframe); and (e) you have the rights to distribute this merchandise and you warranty it to be free of defects.
If you refer fans (“Consumers”) to a third party distributor (such as iTunes), you agree to use Nimbit generated affiliate links when linking to such third party distributors wherever and whenever possible. These links are available through your Service dashboard.
Throughout the Service and third party distributors, you are electing to allow worldwide distribution of your products. You agree that you have the master rights to sell the music and goods that you market and sell through the Service. You agree that you have cleared all rights and licenses for the intellectual and physical property you are supplying the Company to sell on your behalf. You agree not to sell any songs or product unless you own it, have Licensed it for download or resale, or know it to be in the public domain. You agree that you have secured proper licenses if you are covering someone else’s song.
Company provided unique barcodes may not be altered by you or anyone, in any way. The Company retains full ownership of your assigned barcode and has the right to revoke use if you violate any of these terms. By accepting a Company barcode you agree to use it for only the unique product that is was assigned to, and agree not to use it on any other product(s). These barcodes and barcode service may not be re-sold or transferred without written permission from the Company
You represent that you have the necessary rights and permissions to grant such licenses set forth above, and agree to indemnify the Company against, and to be solely responsible for, any claims for payment of any and all costs, fees and expenditures (including attorney’s fees) that may be incurred directly or indirectly as a result of your recordings or products being available through the Service or its affiliates.
4. COMMISIONS, FEES AND PAYMENTS
The following commissions will be deducted from the sales price that you set and are collected from Nimbit storefronts:
All Digital Products 16.5% commission + 3.5% transaction processing fee
(*lower for fan funding and eTickets)
All Physical Products 16.5% commission + 3.5% transaction processing fee
Fan Funding and eTickets 5% commission + 3.5% transaction processing fee
There is a minimum sales commission of $0.19 per digital track, $0.50 for all other digital products, and $1.00 for all physical products. For eTickets, there is a $1.00 per ticket handling fee in addition to the above commission. These minimums do not apply to free track downloads.
There is no stocking and no storage fees for physical goods, however if you have physical stock at Nimbit and your account has been inactive, suspended or canceled for more than 2 years, we reserve the right to dispose of your stock
There is no charge for barcode numbers (unique UPC barcode) for music products.
3rd Party Dist (e.g., iTunes) 0% commission or fee (100% pass-through)
(Requires that you use a Nimbit-supplied affiliate link when referring customers to these sites; otherwise there is a 5% commission)
For 3rd party distribution (e.g., iTunes), there is a $25 early take-down fee (prior to 1 year of service), and a $25 change fee per item.
If your account plan includes fan messaging, and if you exceed your maximum monthly email messages allowed for that plan by more than 10%, then you will be subject to a per message overage charge of 1¢ ($0.01) per email for nimbitIndie, and 1/4 ¢ ($0.0025) per email for nimbitPro.
Nimbit will pay you moneys due, less commission and fees (“Payout”), monthly on or about the 25th of the following calendar month. You may set your payout threshold to any amount. Payouts carry a $1 processing fee upon completion. Payment is through PayPal transfer, unless mutually agreed to otherwise. You are responsible for maintaining current payee information within your account. Undeliverable or returned payments due to, but not limited to, incorrect address or routing information will be redeposited into your Service account. Nimbit will automatically raise your minimum payout to the amount redeposited to attempt to prevent future returned payment, and your account will be charged $5.00 for each re-deposit. In the event Nimbit needs to issue a stop payment on a payout check, an additional fee of $20 will be deducted from your account (our cost is $35). Third Party distribution payments made to Nimbit on your behalf will be posted to your account, along with Nimbit direct sales payments.
Plan details and amounts are detailed on the Site. Any additional fees or plans on the Site are incorporated by reference into this Agreement. In the event that your Service subscription fees are in default, Nimbit will suspend your account along with your payout and/or deduct overdue subscription fees from payouts. Nimbit reserves the right to deduct past due invoices for any Nimbit services from your payout. Subscriptions are not refundable. If you cancel or downgrade we will continue your subscription for the length of the current billing cycle. Annual subscription prorated balances may be applied to an upgraded Paid account.
Pricing, structures, and policies may be changed from time to time and are effective immediately after the changes have been posted to the Site. All such posted policies and pricing structures or rules are hereby incorporated by reference into this Agreement.
5. PERSONAL INFORMATION AND PRIVACY
You agree to provide and keep up to date true, accurate, current, and complete information about yourself as requested in the Service’s registration process, and in other places in the Service as requested.
We ask you for your personal information when you create an account, sign up for mailing lists, make a purchase, enter a contest or sweepstakes, and may also ask you questions about interests or preferences. We use this information to personalize the Site for you, to pay you monies owed, to inform you about or offer you features or services customized to your preferences, for marketing purposes, to contact you about the Service or purchases, or to notify you. We do not sell your personally identifiable information. We may, however, share it with business partners and other companies that help us operate or enhance the Site or Services, such as financial processing companies.
Regarding fan information, we do not keep fan (“Consumer”) accounts and do not keep any related Consumer credit card numbers on file. We record only the information that is necessary to complete the fulfillment of a Consumer’s order. Specific Consumers’ information is shared ONLY with the artist (in your case, “you”) from whom the Consumer has purchased product from. We may use Consumer information to contact them if there is a problem with their order.
The Company uses industry-standard efforts to safeguard any personal information, and any financial information we receive from you is encrypted. However, we may be required to release personal information about you as a result of a law suit or subpoena or as immediately necessary to protect our rights or the rights and safety of other users. Although we may request other information from you, we will never send you an e-mail requesting personal or credit card information, other than logging into your account to do so. If you believe we have violated these policies, please notify us immediately, and we will promptly investigate and try to remedy the problem.
6. TERMINATION
You may withdraw from the Service for any reason, at any time.
The Company may suspend or terminate your use of the Service if it believes, in its sole and absolute discretion, that you have breached a term of this Agreement.
This Agreement will survive indefinitely unless and until the Company chooses to terminate it.
If You or the Company terminates your use of the Site Service, the Company may delete any submissions or other materials relating to your use of the Service on computers or otherwise in its possession and the Company will have no liability to you or any third party for doing so. If you have physical goods inventory at the Company that you would like returned, you must notify the Company within 30 days of suspension or termination requesting shipment and agreeing to charges for shipping and handling.
7. DISCLAIMER, EXCLUSIONS, AND LIMITATIONS
THE COMPANY PROVIDES THE SITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE OR ITS USE WILL: (i) BE UNINTERRUPTED, (ii) BE FREE OF INACCURACIES OR ERRORS, (iii) MEET YOUR REQUIREMENTS, OR (iv) OPERATE IN THE CONFIGURATION OR ENVIRONMENT YOU USE. THE COMPANY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
THE COMPANY 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 SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR A MATERIAL BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY THE COMPANY TO YOU DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
8. INDEMNIFICATION
You agree to release, defend, indemnify and hold the Company 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 arising out of or related in any way to this Agreement and your use of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defense of such claim.
9. DISPUTE RESOLUTION
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE COMMONWEALTH OF MASSACHUSETTS. THE LAWS AND JUDICIAL DECISIONS OF THE COMMONWEALTH OF MASSACHUSETTS, EXCLUDING CHOICE OF LAW PROVISIONS, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION, AND LEGAL EFFECT OF THIS AGREEMENT.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SITES WILL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN BOSTON, MASSACHUSETTS, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR WE MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN BOSTON, MASSACHUSETTS, NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR THE COMPANY (OR ITS AGENTS, SUPPLIERS, AND SUBCONTRACTORS) PENDING THE COMPLETION OF ARBITRATION.
10. MISCELLAEOUS
This Agreement (including all of the policies and other agreements described in this TOS, which are hereby incorporated herein by this reference) contains 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.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
You agree that all notices (except for notices concerning breach of this Agreement) from the Company to you may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with the Company. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from you to the Company shall be made either by email, sent to either legal@nimbit.com or redtape@nimbit.com, or send it snail mail, first class to our address at: Nimbit, Inc., Attention: Legal Department, 47 Mellen Street, Framingham, MA 01702.
The rights, powers and remedies of the Company in this Agreement, including without limitation the right to suspend, restrict or terminate the Service, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to the Company at law or in equity.
Any provisions, including without limitation the disclaimers of warranty and limitations and exclusions of liability contained herein, which by their meaning are intended to survive termination of this Agreement shall survive the termination of this Agreement.
You agree that no joint venture, partnership, employment or agency relationship exists between the Company and You as a result of this Agreement or use of Service.
The section headings in this Agreement are for convenience only and have no legal or contractual effect.
11. ADDITIONAL TERMS FOR EMAIL AND MESSAGING USE
You hereby represent, acknowledge and agree that:
• Nimbit may not be used for the sending of unsolicited email (sometimes called “spam”).
• You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Products.
• You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you in connection with your use of the Products.
• You acknowledge and agree that not all email messages sent through use of the Products will be received by their intended recipients.
• Every email message sent by you in connection with the Service must contain the “unsubscribe” link that allows the recipient to remove themselves from your mailing list.
• You will comply with the restrictions on content of email messages and activities using the Products as set forth or referenced in this Agreement.
• You acknowledge and agree that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the Service.
• You agree that the “from” line of any email message sent by you will accurately and in a non-deceptive manner identify your organization, and that the “subject” line of any email message sent by you will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
• You agree to include in any email message sent by you using the Service your valid physical address, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
• In your use of the Service, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
• You will adopt and maintain the Privacy Policy, which may be modified by Nimbit from time to time.
• Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
As a matter of privacy, Nimbit cannot share with you the email addresses of those who complain about your emails. You are responsible for ensuring that your emails do not generate a number of spam complaints in excess of industry norms. Nimbit, at its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Nimbit will terminate your use of email if it determines that your level of spam complaints is higher than industry norms (as solely determined by Nimbit).
Nimbit prohibits the use of the Service by any person or entity that:
• Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; dating services; adult “swinger” promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
• Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
• Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
• Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
• Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).
• Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
• Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick”, “build your wealth” and “financial independence” offerings.
• Engages in any libelous, defamatory, scandalous, threatening, or harassing activity.
• Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
• Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
Nimbit, at its own discretion, may immediately disable your access to the Service or remove all or a portion of your content, without refund, if Nimbit believes in its sole discretion that you have violated any of the policies listed above or this Agreement.
You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations thereunder and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws).
12. ADDITIONAL TERMS FOR ITUNES AND 3RD PARTY DISTRIBUTION
You cannot control the samples used by iTunes and other 3rd party distributors. They do their own sampling.
In addition to Nimbit’s TOS, you may be required to agree to additional terms specific to that distributor. You will be presented with those terms before you elect that distributor. There is currently no limit on the number of single Artist products you may administer through one account. Your product may only be represented by one company at a time to a third party distributor. Be sure you have not had any other company list your products with the distributor you elect before you submit. You may request to change who represents your product to a distributor but you do not want to submit multiple times to the same channel (say iTunes) from different representatives. Nimbit does not require exclusivity, but third party distributors request that product come from one source at a time. If you have existing distribution with a 3rd party distributor, we can help move the title to Nimbit and you can always add any new products through Nimbit without confusion.
