EPKs Online Terms of Service

Beta draft, not in effect. EPKs Online is in a private beta test and isn't open to the public. Only invited testers can use it. This draft may change before launch, and the blanks in [brackets] will be filled in then. Effective date: [date]

These terms are an agreement between you and Mass Insanity Productions, LLC ("we", "us"), which runs EPKs Online at epks-online.com (the "Service"). By creating an account, uploading anything or using the Service, you agree to these terms, the Acceptable Use Policy, the Copyright Policy and the Privacy Policy. If you don't agree, don't use the Service.

1. The Service

The Service lets bands and artists build and share electronic press kits. It is an early, invite-only service, offered as is. Features may change, break or disappear at any time, and we may suspend or end the Service with or without notice.

2. Free for now

The Service is free right now. We expect to charge a subscription later. Before any charge applies to you, we'll give you at least 30 days' notice by email and you can choose to subscribe or leave. We won't charge you unless you agree to pay. Prices, plans and limits, including free ones, may change.

3. Best effort, no guarantees

We try to keep the Service working, but that's all we promise. We don't guarantee that it will be available, fast, secure or free of errors, that a press kit will display correctly, or that using it will get you gigs, press or anything else.

4. Keep your own copies

We don't promise to back up your content, and it may be lost. Always keep your own copy of everything you upload.

5. Your account

You must be at least 18. If a band member is younger, an adult must hold the account. You must give accurate information, keep your login secure and tell us about any unauthorized use. You're responsible for what happens under your account.

By creating a band, you confirm that you are allowed to act for it.

6. Band disputes

Bands change and break up. We don't decide who owns a band's name, music or account. If there's a disagreement, we may follow the account owner's instructions, suspend or remove the press kit, or wait for a court order or written agreement between the people involved. We aren't responsible for the result.

7. Your content

You keep ownership of what you upload ("Your Content"). You give us a worldwide, royalty-free, non-exclusive license to host, copy, store, stream, resize, convert, edit, combine, display and distribute Your Content to run and improve the Service, including to make the things you ask our tools to make (see section 9). That includes showing your press kit, letting visitors play and download what you make available, and featuring your band's name, images and press kit in our gallery and promotion of the Service.

This license ends when you delete the content or your account, except for copies in routine backups or logs until they age out, and copies others have already downloaded. We have no control over those downloaded copies.

8. Your responsibility for your content

You promise that:

you own Your Content or have every permission it needs, including from songwriters, labels, photographers, designers, venues and anyone pictured;
Your Content doesn't infringe anyone's rights or break any law or contract; and
what you say about your band, including your numbers, press quotes and history, is true.

You are responsible for any licenses and royalties owed for Your Content, including for cover songs. We don't pay royalties and don't collect them for you. Press kits are public unless you choose a more private option, and anyone can copy what they can see.

Some tools make new things from Your Content when you ask: a stage plot and input list from what you place on the stage, and promo videos from a song section, photos, logo and words you choose. What they make counts as Your Content under these terms, and you may use it anywhere you have the rights to.

Rights in videos. Putting a song in a video can need permission beyond what a press kit needs, often from the songwriter or publisher and from whoever owns the recording, such as your label. Make a video only with songs, photos and logos you have every permission for, in video too.
What's added. A promo video opens with your band's name or logo and the words you enter, and ends with a card linking to your press kit on EPKs Online. We choose the motion, cuts and transitions, and they may differ each time.
Other platforms. Social and video sites apply their own rules and automatic copyright matching. They may mute, block, label or claim a video, even when you have the rights. We aren't responsible for what they do.
Stage plots are a guide. A stage plot and input list show what you asked for. They aren't a technical, safety or electrical plan, and the venue and its crew decide what's possible.
Limits. During the beta, videos are free but limited, currently 5 a day per band, and we keep only a band's newest few plus the one shown on its press kit. Videos count toward your storage. We may change these limits, delete older videos, or stop offering a tool.

10. Review and removal

We may review, approve, refuse, hide, edit the display of or remove any content or account, at any time, for any reason, with or without notice. We're not required to review anything. An approval only means we allowed the press kit to appear. It doesn't mean we checked its accuracy or legal rights, and it doesn't mean we endorse it.

An "Official accounts confirmed" label is optional. It only means that, when we checked, a code we issued appeared on a page the band listed, or someone confirmed from an email address the band listed and we accepted it. It doesn't prove who owns the band, its name or its music, and we may remove the label at any time.

11. Ending your use

You can delete your account at any time. We may suspend or end your account at any time, for any reason. After that, your press kit may stop working and your content may be deleted without further notice. Sections that by their nature should continue, including 4, 6, 8, 9 and 12 to 16, continue after your account ends.

12. No warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT THE LAW ALLOWS.

13. Limit on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE AND OUR OWNERS, MEMBERS, EMPLOYEES AND CONTRACTORS AREN'T LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST CONTENT, DATA, GIGS, BOOKINGS, INCOME, PROFITS OR REPUTATION, HOWEVER CAUSED. OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM. WHILE THE SERVICE IS FREE, THAT AMOUNT IS ZERO.

Some places don't allow some of these limits. In those places, they apply only as far as the law allows.

14. Your promise to cover our costs

If someone makes a claim against us because of Your Content, your account or your breach of these terms, you agree to defend us and cover our resulting losses and costs, including reasonable attorney's fees, as far as the law allows.

15. Other people's services

The Service may link to or embed other services, such as YouTube, Vimeo, Spotify or Bandcamp. We don't control them and aren't responsible for them.

16. General

Arizona law governs these terms, without regard to its conflict-of-law rules, and any dispute goes to the state or federal courts in Arizona. If part of these terms can't be enforced, the rest still applies. If we don't enforce something, we haven't waived it. You can't transfer these terms, but we can, including if the Service or company is sold. These terms are the whole agreement about the Service.

We may change these terms. If we do, we'll change the date above and, for important changes, tell you by email or on the site. Continuing to use the Service means you accept the changes.

17. Contact

Mass Insanity Productions, LLC, [mailing address], support@epks-online.com