Terms of service

TERMS OF SERVICES OF  WWW.UPCOMINGSOUNDS.COM

The purpose of these general conditions is to delineate the terms and conditions governing the use of the services provided on www.upcomingsounds.com (hereina<er: the "Services"), (hereinafter referred to as the "Services"), as well as to outline the rights and obligations of the parties within this framework. Specifically, they are readily accessible and printable at any time through a direct link located at the bottom of the homepage of the site www.upcomingsounds.com (hereina<er: the "Site"). (hereinafter referred to as the "Site"). If necessary, they may be supplemented by specific terms of use pertaining to certain Services. In the event of any contradiction, the special conditions take precedence over these general conditions.

  1. Operator of the Site and Services

The Services are accessible through the Site. The Site and the Services are operated by Upcoming Sounds, registered in England and Wales   and our registered office is at 29-31 Parliament Street, Liverpool, England, L8 5RN.

(hereina<er: "Upcomingsounds").

UpcomingSounds can be contacted at the following coordinates:

1.1. When you utilize our website ("Website") or our app, you are implicitly accepting these Terms of Use. If you disagree with these terms, you are prohibited from using our Website and/or App, and you should promptly discontinue such usage.   .

1.2. These Terms of Use might mention other third-party entities; however, their sole purpose is to govern your usage of this Website, and they do not pertain to any of those other entities except as explicitly stated herein.   .

1.3. The purpose of the Upcomingsounds.com service is to cater to the requirements of artists and their representatives, such as PR companies ("Artists"), who seek reviews and coverage of their creative endeavors ("Work/s" or "Work"). Additionally, it aims to facilitate writers, journalists, commentators, bloggers, YouTubers, podcasters, and/or tastemakers (collectively referred to as "Content Curators"), who wish to produce written pieces, blogs, podcasts, webcasts, or broadcasts about Artists and/or their Work/s, or to curate their Work/s ("Reviews").    .

Artists who desire Reviews can submit their Work/s or releases to this Website following the guidelines outlined on the website, which may specify formats, size limits, and other details. Work/s may encompass audio and/or audio-visual recordings, videos, compositions, lyrics, photos, existing reviews and quotes, social media content, and any other materials pertinent to the Artist and potentially intriguing to Content Curators and the broader audience.

1.4. By uploading their Work/s to the Website, the Artist is granting Upcomingsounds and Content Curators facilitated by Upcomingsounds the non-exclusive right to utilize the Work/s for Review purposes. This includes the rights to utilize the Artist's name/s, image/s, and all materials embodied in the Work/s for Reviews or to obtain Reviews. Additionally, by uploading Work/s, the Artist is also granting Upcomingsounds the right to store and electronically transmit the Work/s to Content Curators for the purpose of obtaining Reviews. Upcomingsounds retains the right (but not the obligation) to feature any uploaded Work/s in a Upcomingsounds playlist designed for Content Curators' attention. Through uploading the Work/s, the Artist grants Upcomingsounds a non-exclusive license to include the Work/s on such playlists without requiring payment or further formality. Upcomingsounds may also create Reviews of the Work/s or make minor alterations to the Work/s to facilitate reviews, such as editing an Artist biography.

1.5. By uploading Work/s to the Website, the Artist assures that they possess complete rights and permissions to upload such Work/s (including all its components) and to grant the rights as outlined to Upcomingsounds and/or Content Curators herein. The Artist further warrants that the Work/s will not violate the rights of any third parties (including copyrights and/or trademarks) and hereby agrees to fully indemnify and hold harmless Upcomingsounds and/or Content Curators from any and all damages and liabilities (including legal fees) resulting from any breach by the Artist of the warranties stated herein.

1.6. Upcomingsounds will exert reasonable efforts to obtain Reviews for uploaded Work/s. If Upcomingsounds determines that the Artist's Work/s are incomplete or otherwise unsuitable for Reviews, Upcomingsounds team will make an effort to communicate this assessment to the Artist. However, Upcomingsounds does not offer any warranty or assurance regarding its ability to secure Reviews for the Artist's uploaded Work/s. In cases where an Artist has utilized the Upcomingsounds Paid Service (defined as any service where the Artist has consented to make a monetary contribution to a Content Curator to attract the Content Curator’s attention, as periodically outlined on the Website), Upcomingsounds will refund the USC credits used as payment to the Artist within 90 days of the initial payment, serving as the Artist's sole recourse. It's important to note that Upcomingsounds will not refund payments received from artists or artist representatives/agencies using electronic payment methods such as Apple Pay, Stripe Checkout, PayPal, or any other similar method. Instead, Upcomingsounds will only refund credits to the artist's wallet https://upcomingsounds.com/wallet , which can be utilized for future campaigns or verified curator submissions.

1.7. Upcomingsounds does not make any warranty as to the nature of any Review, coverage or any feature from any cuartor.

1.8. Artists may request (via written communication) that Upcomingsounds should delete any of the Artist’s Work/s. Upcomingsounds will undertake such deletion within 30 days of such notice. Notwithstanding the foregoing, Upcomingsounds is unable to ensure the deletion of the Work/s communicated to and held by or reviewed by Content Curators.

1.9. Content Curators have the option to sign up as users on Upcomingsounds following the procedures communicated on the Website. Upcomingsounds reserves the right to refuse registration to any Content Curator at its discretion.

1.10. After registration, Content Creators gain access to Upcomingsounds playlists showcasing Artists’ Work/s and have the opportunity to engage in the Upcomingsounds Paid Service. This involves making an offer to an Artist to Review their Work in exchange for a monetary contribution from the Artist towards the Content Curator’s time and expenses. Upcomingsounds carefully evaluates all such offers to maintain the integrity of the Paid Service, ensuring that the monetary amounts are reasonable token contributions for the Content Curator’s efforts and not inflated or tied to positive reviews, thus avoiding any semblance of payola. Any offer that deviates from this principle will be blocked. The Paid Service aims to alleviate the significant financial challenges faced by many individual Content Curators. Therefore, while companies like Spotify, YouTube, or radio stations can utilize Upcomingsounds for Reviews, they are ineligible to use the Paid Service, meaning they cannot make offers to artists requesting contributions of any kind.

1.11. If an Artist accepts an offer from a Content Curator, they will make the agreed contribution to Upcomingsounds using USC Credits, which can be purchased from the artist's wallet using Stripe or PayPal checkout payments, following the specified payment procedure on the Website.

Upcomingsounds will then retain the payment until the Content Curator provides evidence that the Review/work has been completed according to the terms of the Artist's offer. Once confirmation is received and the process has been completed, the curator will receive the USC. Subsequently, Upcomingsounds will transfer the payment to the Content Curator, deducting a service charge ranging from 5% to 22%, along with handling fees. The exact percentage of this service charge may vary and will be clearly outlined on the Website.

1.12. Upcomingsounds will inform the Content Curator upon the Artist's acceptance of an offer and payment to Upcomingsounds. However, Upcomingsounds holds no responsibility toward the Content Curator if the Artist fails to fulfill the agreed payment or comply with the terms outlined in the Content Curator's offer.

  • 2.0 Site Operation and Definition
  • 2.1. Site Operation

    The Site enables artists (and their representatives) (hereina<er: the "Customers/Artists") to submit music to media, labels, and musical influencers (hereina<er: the "Content curators /Influencers/ Media") (hereina<er: to receive any content publication featuring Sercie "publications and reviews").

    2.3. Definition

    2.4. Customer: Refers to any individual or entity, whether legally recognized or not, utilizing the website to deliver music to "Content Curators". These individuals or entities could include musicians, their representatives, or any other user interested in submitting music to www.upcomingsounds.com.

    2.5. work/s: It represents either a portion or the entirety of a musical composition for which the Customer possesses the exploitation rights.

    2.6. Links: Refers to a hyperlink directing to an external service hosting the Piece, enabling free and unrestricted listening (e.g., YouTube, SoundCloud, Bandcamp - not an exhaustive list), and/or through an integrated player on the Site. These hyperlinks can be either public or private. The inclusion of links to a Piece is covered under Article 19, which outlines the utilization of third-party services.

    2.7. Campaigns: A Campaign is a promotional initiative provided by Upcomingsounds, aimed at spotlighting a designated duration for a work, release, or musical piece to be showcased on the Curators Dashboard. All of the campaigns, beginning with the Basic campaign, will offer exposure through various coverage avenues, including exclusive submissions for the dashboards of verified and impactful curators..

     2.8. USC: USC is an abbreviation for Upcoming Sounds Coin. It represents the credits used for internal transactions on the Site. Customers must purchase USC coins to enable users to buy campaigns, solicit coverage from verified curators, acquire weekly banners and promotion spots for highlighting a particular release, and also compensate or contribute to content curators for their work or coverage. USC .

    2.9. Services : Refers to the entirety of services offered by UpcomingSounds on the Site, including but not limited to: facilitating Customers in pitching their Songs to content curators for providing blog reviews, online revies and other promotional services available on UpcomingSounds, enabling Customers to submit their Songs for event participation; offering a music discovery service for Content Curators; providing billing tools and payment methods; and offering services to aid Customers in searching for and selecting Content Curators to pitch their Music to.

  • 3. SMS
  • 3.1. Message Frequency: You will receive a one-time SMS for phone verification. Standard message and data rates may apply, depending on your mobile plan.

    3.2. Possible Fees: No fees are required for this service.

    3.3. Message Frequency: You will receive a one-time SMS for phone verification. Standard message and data rates may apply, depending on your mobile plan.

    3.4. Possible Fees: if you reply to any messages

    3.5. How to Opt-in: No subscription is necessary; the SMS is a one-time verification message, so no action is required to opt out.

    3.6. Data Handling: Provide your phone number and click "next" on the following page: https://upcomingsounds.com/taste-maker-phone-number, or reply stop.

  • 4. Data Handling:
  • 4.1. Personal Information We Collect: We collect only phone numbers for the purpose of user verification.

    4.2. Why We Collect It: Phone numbers are used for geo-user verification.

    4.3. How We Use It: We do not share or sell your data to anyone. Your phone number is solely used for verification purposes. We employ security measures to protect your information.

    4.4. User Rights: You have the right to request the removal of your data from our systems.

    4.5 How to Act on Your Rights: To exercise your rights or for any privacy concerns, please contact us at [email protected]. We will respond to your inquiry promptly.

  • 5. Content Usage; Limitations; Privacy Policy
  • 5.1. Unless explicitly stated otherwise in the specific content and under the condition that you adhere to all obligations outlined in these Terms of Use, you are not permitted to copy, print, distribute, or modify the content on our Website and/or our App. If permission is granted in the relevant content, you may copy (without modification) such content only for informational, noncommercial purposes, provided that (i) the use is strictly noncommercial, and (ii) any copies of the content include the appropriate copyright notice or other attributions associated with the content.

    5.2. You are prohibited from copying or utilizing any software, proprietary processes, or technology presented or described on our Website or App.

    5.3. You agree to adhere to all relevant laws, both from your country of access and the country where our Website and App services are hosted, when accessing and utilizing our Website and/or App.

    5.4. You acknowledge that we may utilize your personal information and data in accordance with our Privacy Statement and Cookie Policy, which are hereby included by reference. By accessing this link, you agree to the terms outlined in our Privacy Statement and Cookie Policy, including any obligations imposed therein.

    5.5. We retain the right to revoke your access to our Website and/or App if we determine that your usage is harmful to the Website, the App, and/or other users.

    5.6.By accessing any part of our Website and/or App, you agree to the following:

    - Refrain from using our Website and/or App in a manner that disrupts, interferes with, or restricts the use of the platform by other third-party users.

    - Ensure that any information and/or materials you upload, display, or transmit through or to our Website and/or App are not offensive, defamatory, obscene, or unlawful, and do not violate or infringe upon the rights (including copyright) of any person, firm, or corporation worldwide.

    - Abstain from reverse engineering, decompiling, copying, or adapting any software or other code or scripts that are part of our Website and/or App, and refrain from attempting to transmit any information containing viruses, worms, Trojan horses, or other harmful or disruptive components through or to our Website and/or App.

    - Avoid sending 'spam' email or any unsolicited correspondence unrelated to our business to any addresses provided on our Website and/or App.

    - Do not alter, modify, delete, interfere with, or misuse data contained on our Website and/or App that is entered by or relates to any third-party user of the platform.

    5.7. If we incur losses due to your violation of these terms of use, you agree to indemnify us for such losses.

    5.8. It is your responsibility to ensure that you have adequate protection against computer viruses, worms, Trojan horses, or any other harmful elements while using the internet, and that your connection to our Website and/or App is secure.

  • 6. INTELLECTUAL PROPERTY RIGHTS
  • 6.1. Unless explicitly stated otherwise, the content found on our Website and App is provided by Upcomingsounds (hereinafter also referred to as “we” and/or “us”) and/or another affiliated entity.

    6.2. Our Website and App, along with their contents, are safeguarded by copyright, trademark, and other applicable laws of England and Wales and/or other jurisdictions. We and our licensors retain all rights not expressly granted in these Terms of Use.

    6.3. The Upcomingsounds name, logo, and any variations thereof in local languages displayed on our Website and/or App (collectively referred to as the “Upcomingsounds Marks”) are trademarks or registered trademarks representing reputation and goodwill. Except as expressly allowed in these Terms of Use, you are prohibited from using any Upcomingsounds Marks independently or in conjunction with other words or design elements, whether in press releases, advertisements, or any other promotional or marketing materials, in any form, be it written, oral, electronic, visual, or otherwise.

    6.4. Any references to trademarks of other parties on our Website and/or App are solely for identification purposes and do not imply endorsement of our Website and/or App or any of its contents by those parties. These Terms of Use do not grant you the right to use the trademarks of other parties.

  • 7. LIABILITY DISCLAIMERS AND LIMITATIONS
  • 7.1. Our Website and/or App are provided on an "as is" basis, and we do not make any express or implied representations or warranties regarding their functionality. Specifically, we do not guarantee that our Website and/or App will be secure, free from errors, viruses, or malicious code, or that they will meet any particular standards of performance or quality. We explicitly disclaim all implied warranties, including but not limited to merchantability, title, fitness for a specific purpose, non-infringement, compatibility, security, and accuracy.

    7.2. Your use of our Website and/or App is at your own risk, and you accept full responsibility and risk for any loss incurred, including loss of service, data, or Works. We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any other damages whatsoever, arising from the use of our Website and/or App, regardless of whether we were aware or should have been aware of the possibility of such damages, whether in contract, statute, tort (including negligence), or otherwise.

    7.3. Certain links on our Website and/or App may direct you to websites, resources, or tools maintained by third parties over which we have no control. We do not make any express or implied representations or warranties concerning such third-party websites, resources, and tools, and providing links to them should not be interpreted as an endorsement of their content by us.

    7.4.The disclaimers and limitations of liability outlined above apply not only to us but also to every other entity affiliated with Musosoup and to our respective personnel.

    7.5. Should a Content Curator fail to deliver a Review or otherwise adhere to the terms of their agreement with the Artist, Musosoup's sole liability to the Artist will be to refund any payments made by the Artist to Musosoup in connection with the Content Curator's offer. The Artist explicitly waives any other rights or claims for damages against Musosoup regarding such noncompliance by the Content Curator.

    7.6. The aforementioned disclaimers and limitations of liability apply to the maximum extent permitted by law, whether in contract, statute, tort (including negligence), or any other legal theory.

  • 8. Language
  • 8.1. If these terms and conditions are translated into one or more languages, the English language shall prevail in case of contradiction or dispute regarding the interpretation of a term or provision

  • Coming into force
  • The present general terms and condi3ons came into force on 29/04/2024.