Terms & Conditions
Effective as of February 1, 2020
The below Terms of Use apply to the website kmgdistribution.com: http://www.kmgdistribution.com (the Website”) and shall constitute a legal agreement between you and Three Guys and A Girl, LLC d/b/a “KMG Distribution” (“KMG”) relating to the terms and conditions that all visitors to the Website must comply with at all times.
PLEASE READ VERY CAREFULLY as by visiting the Website, you agree to be bound by all the Terms contained herein, as well as the terms of the KMG Privacy Policy. From time to time additional terms may also apply in connection with Website activities, including, but not limited to giveaways, contests, and features, all of which are and shall be incorporated by reference into the Terms of Use herein. If you do not agree with or do not choose to be bound by the Terms of Use set out herein, you should immediately navigate away from the Website at once and do not post or provide the Website with any information, user generated content or otherwise use the Website in any manner whatsoever. KMG reserves the right to amend the Terms of Use at any time and if and when it does so, it shall post such amended terms here as and when such terms are amended. Therefore, please check back from time to time and please refer to all dates provided above to determine when the Website was last updated. By your continued visitation to the Website you hereby agree to any and all amended terms.
USE AND CONTENT
The Website and all content in connection with it are intended solely for the personal use of visitors to the Website. Any and all information and materials available via the Website are protected by copyright, trademark and all other applicable laws and are owned and controlled by KMG or KMG’s licensors. You hereby agree to conform to and follow all copyright and all other laws and notices, information and restrictions that appear in connection with any information and materials posted on the Website or that can be accessed via the Website. The information and materials shall not be copied, downloaded or stored and may not be distributed, publicly performed or otherwise used in any manner, except with KMG’s express prior written consent or as expressly otherwise permitted on the Website and as permitted by these Terms and Conditions.
GRANT OF RIGHTS
By uploading your music to the Website for review by via video, audio and live/pre-recorded broadcast streaming content to the Website, you irrevocably grant to KMG, throughout the world and for a term of a duration lasting as long as you use the Website and its services, the non-exclusive right to sell, copy and otherwise exploit the video, audio and live/pre-recorded broadcast streaming content via the Website, to use the names, photographs, likenesses, artwork images, biographical and other information provided by you, in connection with the Website and KMG’s business. You agree not to transmit, route, provide hyperlinks to or store any material infringing copyrighted works or that violate the intellectual property rights of any third party. In any such instance, KMG has the right to remove or disable access to any content you previously provided to KMG for its consideration of whether or not to distribute your music which you have submitted to KMG (subject to a written distribution agreement between you and KMG) in the case where KMG is in receipt of any claim that constitutes a breach of the warranties and representations under these Terms and Conditions.
PRIVACY POLICY
Please refer to our Privacy Policy regarding all information in connection to collection, use and disclosure of personally identifiable information.
PROVISION OF SERVICES
The Website may from time to time contain hyperlinks to third party websites, advertisers, resource tools, artist websites and various organizations. It is also the case that third party websites may have hyperlinks on their sites linking it to the Website. When you click on a hyperlink on the Website it results in navigating you away from the Website to a third party site and/or service. Any and all interactions and transactions between you and any such third party sites are those between you and the relevant third party site and KMG is in no way responsible for any such transactions, shall not be responsible for the examination and evaluation of any such transaction, and cannot warrant that the goods, services or offerings of any such third party or any content included within any third party website/advertisement. Therefore, KMG cannot and will not assume any liability or responsibility for the actions, services, accuracy, practices, content or availability of any outside service/resource/product. Any and all concerns in connection with other websites, should be directed to that website and its operators and not to KMG.
REPRESENATIONS AND WARRANTIES
You represent and warrant that any information and music you submit to the Website for our consideration is accurate, that any use you make of the Website and any of the foregoing information and music you submit to us via the Website shall not infringe upon the rights of any third party, including, without any limitation, copyright, trademark, any rights of privacy and/or publicity, any moral rights, rights under contract as well as any other personal or proprietary rights. Further, such information shall not contain any unlawful material, include false or misleading statements of fact/indications of origin, slander, liable or defame any person/entity, cause injury of any kind to any person/entity, or otherwise violate any applicable laws, rules, regulations, governmental or otherwise. You further represent and warrant that you are of the age of majority within the state you reside and that you have the full legal authority to consent to the Terms of Use herein. As well, you hereby expressly agree not to assert any claim whatsoever against KMG and each of its parent companies, subsidiaries, successors, affiliates, and predecessors, and each of those companies’ partners, officers, directors, shareholders, agents, servants, employees, representatives, successors and assigns, on and in connection with your uploading your music to the Website, and making such music available on the World Wide Web via the Website.
DISCLAMER OF IMPLIED WARRANTIES
THIS SITE IS PROVIDED BY KMG ON AN "AS IS" BASIS. KMG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KMG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, IN NO EVENT, SHALL KMG BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER, HOWSOEVER CAUSED, OR FOR ANY LOSS OF PRODUCTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF CAPITAL, LOSS OF PROFIT, LOSS OF REVENUES, CONTRACTS, BUSINESS, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, KMG TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF GOODS OR CONTENT. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW.
COPYRIGHT INFRINGMENT
KMG both respects the copyrights of others and takes any allegation of copyright infringement with the utmost seriousness. Accordingly, KMG complies with the Digital Millennium Copyright Act of 1998/Title 17 U.S.C. §512 (the “Act”). Please feel free to read the Act by visiting the website of the United States Copyright Office: http://www.copyright.gov/title17/92chap5.html#512
If you are a copyright claimant or act for a copyright claimant in connection with any of the exclusive rights under copyright law, allegedly being infringed, we ask that you immediately contact KMG, with the following information (the “Notification”):
1.) A signed writing by a party (e.g., a physical or electronic signature) authorized to act on behalf of the copyright claimant who owns the exclusive right or rights allegedly being infringed on the Website;
2.) Clearly identify the copyrighted work or works allegedly being infringed and a specific location on the Website where the copyrighted work or works are allegedly being infringed;
3.) Information to enable KMG to contact you, including a physical address, telephone number and e-mail address;
4.) A statement that you have a good faith belief that the use of the copyrighted work or works allegedly being infringed has or have not been authorized by the copyright claimant, it agent or the law; and
5.) A statement, under the penalty of perjury, by a party authorized to act on behalf of the copyright claimant or the copyright claimant herself, who owns the exclusive right or rights allegedly being infringed on the Website, that all information contained in the Notification is accurate and that the party is the copyright claimant, or authorized to act on behalf of the copyright claimant who’s exclusive right under copyright law is allegedly being infringed.
Please immediately forward the Notification containing the above information to KMG’s Designated Copyright Agent c/o:
Copyright Agent
3 Guys and A Girl, LLC d/b/a “KMG Distribution”
224 West 30th Street, Suite 1007
New York, New York 10001
e-mail: info@kmgdistribution.com
Please be advised that the Terms of Use herein consists of the entire agreement between you and KMG with regard to all of your interaction with the Website. In the event any provision or provisions herein are found to be unenforceable or invalid, solely in such event such provisions shall be modified to reflect the original intentions of the parties hereto and all remaining provisions shall remain in full force and effect. No waiver of any single provision contained within the Terms of Use shall be construed to be a further or continuing waiver of such provision or any provision herein, and KMG’s failure to assert any right/provision under the Terms of Use shall not be construed as a waiver of such right/provision. The Website was created in the United States and is hosted within in the United States and no representation is made that any Content in connection with the Website is permissible for access outside of the United States. Any person who chooses to access the Website from outside the United States is responsible for all compliance with all applicable local laws and regulations. The Terms of Use shall be governed by the laws of the State of New York without regard to any conflict of laws principals. The courts located in the State of New York and County of New York, and not elsewhere, shall have the exclusive jurisdiction of any controversies regarding the Terms of Use; and any action or other proceeding which involves such a controversy will be brought exclusively in the State and Federal courts located within the State of New York and County of New York.