Page Text: Effective Date: September 8, 2020
Last Updated: October 21, 2021
End User License Agreement and Terms of
Service
Ryddm Inc. (“RYDDM” or “we”) thanks you for choosing one of our products. This End User License Agreement and Terms of Service (“EULA”) is RYDDM and you, an individual user (“you”). This EULA is a legal document that contains the terms and conditions that govern your limited use of RYDDM’s website at Ryddm.com (“Website”), RYDDM’s mobile software application that has been made available for download (“App”) and any related websites or other online properties owned or controlled by RYDDM (the Website and the App referred to together herein as the “Service”). As used in this EULA, “User” means Fans (defined hereinbelow in Section 1), Independent Artists (defined below in Section 1) and any other permitted user of the Service. BY INSTALLING ANY APP OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICE IN ANY WAY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, CONDITIONS, PROVISIONS AND RESTRICTIONS CONTAINED IUN THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICE AND MUST DELETE ALL COPIES OF THE APP THAT YOU, OR ANYONE ACTING ON YOUR BEHALF, DOWNLOADED AND/OR INSTALLED ANYWHERE.
PLEASE READ THIS EULA CAREFULLY. DO NOT INSTALL OR USE THE APP OR ANY PART OF THE SERVICE UNTIL YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS EULA.
As provided and set forth in greater detail in this EULA (and without limiting the express terms, conditions, provisions, or restrictions of this EULA), you acknowledge and agree to the following:
the Service is licensed, not sold to you, and you may use the Service only as expressly set forth in this EULA;
you only have the non-exclusive right to use the Service;
your use of the Service may be subject to third party terms of service and fees, including, without limitation, your mobile network operator’s (“Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
you consent to the collection, use and disclosure of your personally identifiable information in accordance with RYDDM’s Privacy Policy located here (“Privacy Policy”);
you are responsible for obtaining and securing the rights to all User Content (defined below in Section 5.a) you Post (defined below in Section 5.a) to the Service;
RYDDM provides the App to you on an “as is” basis without any warranties of any kind and RYDDM’s liability to you is limited as set forth below;
disputes arising between you and RYDDM will be resolved by binding individual arbitration. By accepting this EULA, as provided in greater detail in Section 14 below, you and RYDDM are each waiving the right to a trial by jury or to participate in a class action;
you acknowledge and agree to the “Notice Regarding Apple” below; and
if you Post any Objectionable Content (defined in Section 5.i below) on the Service, then RYDDM may – but has no obligation to – take any remedial action that RYDDM, in its sole discretion, deems necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account (defined in Section 3.a below), removing all of your User Content (defined in Section 5.a below) from the Service and/or reporting you to law enforcement authorities, either directly or indirectly.
1 - General Terms and Conditions
Description. RYDDM is a new music streaming application created specifically to allow end user music consumers and fans (“Fans”) to discover independent artists, help promote such independent artists and their music(collectively “Independent Artists”), and discover live events promoted by venues in their area (“Venues”). RYDDM focuses on Independent Artists because we feel that the concentration of music on terrestrial radio, television and the leading streaming services does not help artists grow and flourish. While many online services claim that they assist and promote Independent Artists, RYDDM will be the leader in this field, with the most approachable and easy-to-use promotion method for Independent Artists in growing their Fan base so that they can develop a sustainable livelihood. By combining music discovery with the amplification effects of a streaming platform, we believe you, the Fan, will be best positioned to help your favorite Independent Artists find more success in the market. We are excited that you are choosing to enjoy your music with RYDDM.
Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY RYDDM. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age and agreed to this EULA on your behalf. If you are using the Service on behalf of an entity (including a band) or organization, then you represent and warrant that you have the authority to bind that entity or organization to this EULA and you agree to be bound by this EULA on behalf of that entity or organization.
Changes. As the Service is likely to undergo many changes over time, RYDDM reserves the right to modify this EULA as the functionalities of the Service change. You therefore agree that RYDDM may modify or amend this EULA at any time for any reason or no reason in its sole discretion. If RYDDM makes such changes you will be provided with conspicuous, prior notice in addition to [CS1] an updated EULA posted to the RYDDM website, within the App, or anywhere within the Service. If you do not agree to the modified or amended EULA terms, conditions, provisions, or restrictions, you will be required to affirmatively decline these changes upon such notice. Your continued use of the Service constitutes consent and agreement to such changes. You may read a current, effective copy of this EULA at any time at Ryddm.com/terms . The revised EULA will become effective at the time of posting on the Service, and your use of the Service after such time will constitute your agreement to and acceptance of the revised EULA. If any change to this EULA is not acceptable to you, then your sole remedy is to stop using the Service. Notwithstanding the preceding sentences of this Section 1.c, no revisions to this EULA will apply to any dispute between you and RYDDM that arose prior to the effective date of those revisions
Consideration. RYDDM currently provides you with the non-exclusive, limited right and license to access and use to the Service for free. In return for your free access, you acknowledge and agree that RYDDM may generate revenues, increase goodwill or otherwise increase the value of RYDDM from your use of the Service, and you will have no right to share in any such revenues, goodwill or value whatsoever. RYDDM in its sole discretion may elect to charge you fees to access certain features on the Service. RYDDM will provide you with advance notice of any such changes before they take effect. Even if RYDDM charges you a fee for the use of all or any part of the Service, you will have no right to share in the revenues RYDDM generates from you or other Users or to share in any goodwill or value created.
Privacy Policy. Your access to and use of the Service, and any information you provide to RYDDM or anyone acting on its behalf in connection with such use or access, is also subject to RYDDM’s Privacy Policy located here , the terms, conditions, provisions, and restrictions of which are incorporated herein by reference.
Jurisdiction. The Service is maintained by RYDDM and controlled and operated by RYDDM from its offices in the State of New York. RYDDM makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the content, practices, or any part of the Service are illegal, unauthorized or penalized is strictly prohibited.
Mobile Services. The Service may be accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Service and the related Mobile Services must be in accordance with the terms, conditions, provisions, and restrictions of this EULA.
Messages. You may be able to send messages to others through certain functionality on the Service. You represent, warrant, and agree that: (i) you will only send messages to others who have given you their express written consent to receive messages; (ii) you, and only you, are responsible for sending messages and RYDDM merely acts as a facilitating technology platform; and (iii) you agree to indemnify and hold RYDDM harmless from any and all claims, actions, suits, or demands arising out of or related to your messages. If a recipient of your messages requests that we prevent you from sending additional messages to them through the Service, then we will abide by such recipient’s request and block you (and other users of the Service, in our discretion) from sending messages to such persons.
Additional Terms. RYDDM may, from time to time and in its discretion, require you to agree to additional terms, conditions, provisions, restrictions, and/or policies that it makes available to you from time-to-time in connection with your use of the Service (“Additional Terms”). Except as expressly stated otherwise in Additional Terms, such Additional Terms are hereby incorporated into, made a part of, and are subject to this EULA, and this EULA will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency, unless such Additional Terms expressly supersede a term in this EULA.
2 - Community Guidelines
In addition to any other terms, conditions, provisions, or restrictions set forth in this EULA, and without limiting those terms, conditions, provisions, or restrictions, when using and accessing the Service, you agree not to (and not to attempt to):
delete, alter or make unauthorized copies of any content (whether RYDDM Content, User Content, or otherwise) made available on or through any part of the Service, excluding any User Content that you have Posted;
attempt to decipher, decompile, disassemble, break down, or reverse engineer any part of the software or source code comprising or making up any part of the Service, except to the extent any such restrictions are expressly prohibited by applicable law;
modify, adapt, or otherwise create derivative works from the Service;
rent, lease, loan, resell, sublicense, distribute or otherwise transfer any part of the Service or content thereon to any third party;
remove, alter, circumvent, disable, damage or otherwise interfere with security-related features of any part of the Service, features that prevent or restrict use or copying of any content accessible on any part of the Service, or features that enforce limitations on use of any part of the Service or any content thereon;
remove, alter, or delete any trademark, copyright or other proprietary rights legends or notices on any part of the Service;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity or content of information transmitted via the Service, or perform any other fraudulent activity;
create a new Account with RYDDM, without RYDDM’s express written consent, if RYDDM has previously disabled an Account of yours or of anyone acting on your behalf;
restrict, discourage or inhibit any person from using the Service or disclose personal information about a third person on the Service or obtained from the Service, or any other source, without the consent of that person;
use the Service, without RYDDM’s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
gain unauthorized access to the Service, to other Users’ Accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
Post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage, hijack, disrupt, or deny access to the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
access, tamper or interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
violate any applicable federal, state or local laws or regulations or the terms of this EULA; or,
use the Service in any manner not expressly set forth in this EULA
ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU BY RYDDM UNDER THIS EULA ARE HEREBY RESERVED BY RYDDM. YOU AGREE THAT YOU MAY NOT, AND WILL NOT ACQUIRE SUCH RIGHTS, WHETHER THROUGH ESTOPPEL, IMPLICATION, OR OTHERWISE.
3 - Accounts
Accounts. While you may always browse any public-facing portions of the Service without registering with RYDDM, to enjoy the full benefits of the Service, you must download and install the App and register an account with RYDDM (“Account”). You may also register and log into the Service using credentials from a supported External Service (defined in Section 10 below), such as Facebook. When you register for an Account, you must provide RYDDM with certain information about yourself such as your name, email address, and location information, and you may upload a profile picture. As noted above, we have created different categories of Users of the Service (e.g., Fans and Independent Artists) and depending upon which category of User you are, your rights and the functionalities made available to you through your Account may differ. If you create an Account as an Independent Artist, you must identify your music with at least one of the predesignated genres provided by RYDDM and RYDDM may request your location. If you create an Account as a Fan, you must select at least one of the predesignated genres provided by RYDDM that interests you.
Account Security. You are solely responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your account log-in credentials. You agree to notify RYDDM immediately at [email protected] if you suspect, know, or have reason to know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. RYDDM will not be liable for any loss or damage (whether direct or indirect) arising from unauthorized use of your credentials prior to you notifying RYDDM of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Services.
Accuracy of Information. When creating an Account, you agree to provide true, accurate, current and complete information as RYDDM requests. You will update such information promptly, and as necessary to keep it current and accurate. RYDDM reserves the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by RYDDM in its sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account that, in RYDDM’s sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, or damage the reputation of RYDDM, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then RYDDM may, in its sole discretion, terminate your Account immediately without notice to you and without any liability to you or any third party.
4 - General Use of the Service
License. Subject to your complete and ongoing compliance with this EULA, RYDDM hereby grants you, a single user installing the App, a limited, fully revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free right and license to: (i) download, access and use, for your non-commercial purposes, one copy of the object code version of the App on any device that you own or control; and (ii) access and use, for your non-commercial purposes, all other portions of the Service, in each case, solely for your personal use. Any third-party code that may be incorporated into any App is covered by the applicable open source or third party license. For a list of the open source components included in the App, please refer to the document located here .
Content. Except for User Content, the content that RYDDM provides to Users on or through the Service, including, without limitation, any sound recordings (and the musical works embodied therein), audiovisual works (and the sound recordings and musical works embodied therein), text, graphics, photos, software and interactive features, are protected by copyright or other intellectual property rights and owned by RYDDM or its third party licensors (collectively, the “RYDDM Content”). Moreover, RYDDM solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
Marks. The RYDDM trademarks, service marks, and logos (collectively, the “RYDDM Trademarks”) used and displayed on the Service are RYDDM’s registered and/or unregistered trademarks or service marks. Any other product and service names located on any part the Service may be trademarks or service marks owned by third parties (collectively with the RYDDM Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage RYDDM or the applicable third party, RYDDM’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without RYDDM’s prior express written consent, to be granted or withheld in its sole discretion. All goodwill generated from the use of any RYDDM Trademark will inure solely to RYDDM’s benefit.
Reservation of Rights. RYDDM hereby reserves all rights not expressly granted to you in this Section 4. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any RYDDM Content or Trademarks located or displayed therein.
Functionality. Certain features and functionalities may only be available on the Website or the App but not both. RYDDM, in its sole discretion, may provide functionalities across both the Website and the App.
5 - User Content; License to RYDDM; Feedback
Definition. This Section 5 governs any content that Users upload, post or transmit to or through the Service (collectively, “Post”) including, without limitation, photographs, text, sound recordings, musical works, or audiovisual works, and any other works subject to protection under the laws of the United States or any other jurisdiction, including, without limitation, patent, trademark, trade secret and copyright laws (if you are an Independent Artist, this is “Artist Content”, and if you are a Fan, this is “Fan Content”, collectively “User Content”). User Content also includes any content hosted on or accessible through an External Service that is made accessible through the Service. For clarity, User Content excludes any and all RYDDM Content.
Screening Content. RYDDM does not presently pre-screen any User Content, but reserves the right to remove, disallow, block or delete any User Content in its sole discretion and to pre-screen User Content in the future in its sole discretion. In addition, RYDDM has the right – but not the obligation – in its sole discretion to remove, disallow, block or delete any User Content: (i) that RYDDM considers to violate this EULA, applicable law or otherwise constitute Objectionable Content; or (ii) in response to complaints from other Users, licensors or copyright owners or their agents of any RYDDM Content, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, RYDDM also has the right – but not the obligation – to take remedial action in connection with any Objectionable Content Posted as described more fully in Section 5.i below. RYDDM recommends that you save copies of any User Content that you Post on your personal device(s) or other storage media to ensure that you have permanent access to copies of such User Content.
Ownership. SUBJECT TO ANY THIRD PARTY RIGHTS IN ANY PREEXISTING CONTENT THAT IS A PART OF YOUR USER CONTENT, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND POSTING YOUR USER CONTENT DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS TO RYDDM OR ANY THIRD PARTY.
License to RYDDM. You hereby grant RYDDM an unrestricted, assignable, sublicensable, royalty-free, fully paid-up license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works, summaries, compilations, or extracts from, retransmit from External Services, and otherwise exploit and use (collectively, “Use”) all or any part of all User Content you Post by any means and through any media and formats, whether now known or hereafter developed, for the purposes of: (i) advertising, marketing and promoting RYDDM, the Service, and the availability of your User Content on the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by this EULA. You further grant RYDDM an unrestricted, assignable, sublicensable, royalty-free, fully paid-up license throughout the universe to use your user name, image, voice and likeness to identify you as the source of any of your User Content. You must not Post any User Content on or through the Service or transmit to RYDDM any User Content that you consider to be confidential or proprietary. Any User Content Posted by you or otherwise transmitted to RYDDM will be considered non-confidential and non-proprietary, and treated as such by RYDDM, and may be used by RYDDM in accordance with this EULA without notice to you and without any liability to RYDDM. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to: (A) reproduce audiovisual works (and any sound recordings and musical works embodied therein), sound recordings (and any musical works embodied therein), and musical works; (B) publicly display audiovisual works; and (C) publicly perform and communicate to the public audiovisual works (and any sound recordings and musical works embodied therein), sound recordings (and any musical works embodied therein), and musical works, all on a royalty-free basis. This means that you are granting RYDDM the right to Use your User Content without the obligation to pay royalties to any third party, including, without limitation, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content. Following any termination of the licenses set forth in this Section, RYDDM may make and retain archival copies of your User Content in a manner consistent with RYDDM’s practices regarding data retention and backups.
You Must Have Rights to the Content You Post. You must not Post any User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Post such sound recordings unless you have obtained all necessary rights, authorizations and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to RYDDM under this EULA. You represent and warrant that: (i) you own the User Content Posted by you or otherwise have all rights necessary to grant the licenses set forth in this EULA; (ii) the Posting and Use of your User Content by anyone does not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, or any other rights of any party, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person resulting from Posting your User Content, including from RYDDM’s exercise of the license set forth in Section 5.d.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through this EULA to RYDDM. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in this EULA or have such music publisher enter into this EULA with RYDDM. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant RYDDM the licenses in this EULA. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Service that may be claimed by your label. You represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Music as authorized under this Agreement. Finally, if you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before posting your recording or performance of such musical work to the Service.
If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting company the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.
Through-To-The-Audience Rights. All of the rights you grant in this EULA are provided on a through-to-the-audience basis, meaning the owners or operators of External Services will not have any separate liability to you or any other third party for User Content Posted or Used on such External Services via the Service.
Waiver of Rights to User Content. By Posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post.
Promotions As between you and Ryddm, Ryddm reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. Uber will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. You may elect to cancel your request for Services at any time prior to the commencement of such Service.
Objectionable Content. You are not permitted to and agree not to Post any User Content that is or could be interpreted to be, as RYDDM may determine in its sole discretion, (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; or (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence ((i) and (ii) collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes. If you encounter any Objectionable Content on the Service, then please immediately email RYDDM at [email protected] You acknowledge and agree that RYDDM provides you with the ability to report Objectionable Content as a courtesy, and RYDDM has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to RYDDM. However, RYDDM in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content, including, without limitation, warning the User, suspending or terminating the User’s Account, removing some or all of the User’s User Content and/or reporting the User to law enforcement authorities, either directly or indirectly. By accessing and using the Service, you acknowledge and agree that you may be exposed to Objectionable Content, at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
No Liability. For the avoidance of doubt, RYDDM disclaims and will not be liable for any use or misuse of User Content by any User.
FTC Endorsement Guidelines. Notwithstanding any other provision in this EULA, you represent and warrant that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will (i) make only accurate statements that represent your genuine experience with any product, good or service and (ii) make all required disclosures pursuant to the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such guides may be amended from time-to-time by the FTC. Follow this link for further information on complying with the FTC’s guidance: https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf .
Feedback. If you choose to provide RYDDM with input or suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant to RYDDM a perpetual, irrevocable, non-exclusive, fully-paid and royalty-free right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution or fees due to you.
Fan Personal Information – Fans.
As a condition to using certain features of the Service (including, without limitation, the free download feature, or making a purchase from Company or an Artist), you may be required to provide certain personal information to Company or relevant Artists, such as your e-mail address, country of residence and zip/postal code ("Fan Information").
You may register with the Company as a fan and create a user account (“Fan Account”), which will allow you to access certain features of the Service that are only available through Fan Accounts, such as a wishlist, a fan profile page that lists your history of purchases of Music along with information that you choose to share about yourself, and the ability to follow other fans or Artists . Following an Artist or purchasing a subscription to an Artist (an “Artist Subscription”) gives that Artist access to your email address, as does making a purchase from an Artist while logged in to your Fan Account. Your wishlist, history of purchases of Music, and any information you provide for your profile page will be available to other users of the Service by default, subject to our Privacy Policy.
As a condition to each such Artist’s right to receive such Fan Information, Company requires each Artist to agree to the terms set forth in the next section of this Agreement. However, you acknowledge that Company has no control over the use of the Fan Information by the Artists, and you further acknowledge and agree that RYDDM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Artists’ use of such Fan Information.
Intellectual Property Rights - Fans.
The Service provides users with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, videos (including Music Videos), audio clips (including Music), written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you: acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission; by Submitting any User Submissions through the Site or the Service, you hereby grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), communicate to the public, synchronize and otherwise fully exploit the User Submissions in connection with the Site, the Service and Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites), whether now known or hereafter developed. You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce (on any and all devices owned or controlled by the user), distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing; represent and warrant, and can demonstrate to Company’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain or Direct Licensed, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service; you agree to pay all royalties and other amounts owed to any person or entity, including any PROs, due to your Submission of any User Submissions to the Service;that the use or other exploitation of such User Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Fan Personal Information - Artists.
In connection with certain features of the Service, including by requiring that fans provide you with their e-mail addresses and other personal information in order to access the free download option, you may collect certain types of Fan Information. As a condition to receiving such Fan Information, you acknowledge and agree that you will not disclose, rent, or sell any Fan Information to any third party, and you will use the Fan Information only in connection with the Artist’s mailing list or Artist Subscription, in order to provide fans with general information and news about the Artist, such as upcoming shows, new Music or other Content delivered in connection with your Artist Subscription. You further agree that any e-mail or other communication sent to the Artist’s mailing list or sent in connection with the Artist Subscription will comply with e-mail marketing laws and include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning "opt-out" mechanism). You will promptly implement a recipient’s request to opt-out of receiving e-mails from you and will not send any further e-mails to such opting-out recipient.
6 - User Profile Pages
User Profile Pages. Depending upon your User status, you will have the right to create a profile page (either an “Artist Profile” or “Fan Profile”) on the Service where you can showcase your User Content and communicate with other Users. The User Content you upload shall be subject to the license grants and other covenants, representations, warranties, terms, conditions, provisions, and restrictions set forth in this EULA.
Independent Artists. Your Artist Profile will include your profile picture, your location, and your Artist Content. Artist Content you upload to an Artist Profile will be made available to all other Users of the Service, and you hereby authorize RYDDM to make your Artist Content available on other pages of the Service other than your Artist Profile. You should therefore think carefully before Posting any Artist Content to your Artist Profile. Once you upload Artist Content to the Service, even if you later remove such Artist Content from the Service – such Artist Content may remain available on the Internet and through other sources outside of RYDDM’s control. RYDDM assumes no liability for such continued availability of any Artist Content.
Fans. The Service may provide you with the opportunity to create a Fan Profile that will hold all of your recently discovered music in a library and allow you to share your favorite experiences. The Service may allow you to upload Fan Content to a Fan Profile, which may be made available to all other Users of the Service and you hereby authorize RYDDM to make your Fan Content available on other pages of the Service other than your Fan Profile. You should therefore think carefully before posting any Fan Content to your Fan Profile. Once you upload Fan Content to the Service – even if you later remove such Fan Content from the Service – such Fan Content may remain available on the Internet and through other sources outside of RYDDM’s control. RYDDM assumes no liability for such continued availability of any Fan Content.
Engaging with Artist Content and Other Users. User engagement with Artist Content and other Users through the Service (including by way of example, and without limitation, “liking,” “commenting,” “sharing,” “tagging,” “messaging,” or “ranking”) or any External Service for which we provide “sharing” functionality will be tracked and recorded by RYDDM. You hereby consent to the monitoring of this activity on the Service.
7 – Fees and Payments
RYDDM facilitates payments for purchases of Content including digital Content made available via streaming through the Service (“Digital Content”), physical merchandise (“Merchandise”) and Artist Subscriptions. Each such purchase is a “Transaction,” each Transaction involving Digital Content is a “Digital Transaction,”, and each Transaction involving Merchandise is a “Merchandise Transaction.” Transactions may be made using Standard Payments or Enhanced Payments, which are detailed here.
Fees and Payments – Fans.
You may purchase products and/or services from an Artist through the Site or Mobile application, including, without limitation, purchases of Content including Digital Content, Merchandise, and Artist Subscriptions. All inquiries regarding Merchandise Transactions will be directed to the relevant Artist. Company is not responsible for refunds for Merchandise, except as provided in this Agreement.
All sales of Digital Content are final (except where prohibited by law), unless otherwise determined by RYDDM. If you do not receive the Digital Content or otherwise have an issue with the Digital Content delivered, please contact RYDDM with your request and proof of payment, and we will notify the relevant Artist and work with them to resolve your issue. At RYDDM’s sole discretion, you may be credited or refunded for the Digital Content. However, you understand and agree that RYDDM is a platform that Artists use to sell their products, and the Digital Content is derived from files provided by the relevant Artist, and the relevant Artist is solely responsible for such files.
Your total price for Digital Content will include the price of the product plus any applicable sales tax; such sales tax is based on your location and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states or countries where digital goods are taxable.
Billing Authorization. BY PROVIDING YOUR PAYMENT METHOD AS PERMITTED ON OUR WEBSITE OR VIA OUR APP AND OBTAINING A SUBSCRIPTION TO THE SERVICE, YOU AUTHORIZE US OR OUR PAYMENT PROCESSOR TO CHARGE, YOUR DESIGNATED PAYMENT METHOD THE APPLICABLE MONTHLY RECURRING SUBSCRIPTION FEES (“SUBSCRIPTION FEE”), AND ANY APPLICABLE SALES, TELECOMMUNICATION, EXCISE, VALUED-ADDED OR SIMILAR TAXES (“TAXES”). THE SUBSCRIPTION FEE IS EXCLUSIVE OF ANY SUCH TAXES. THE SUBSCRIPTION FEE IS PAYABLE IN U.S. DOLLARS. SUBSCRIPTION CHARGES WILL BE DISPLAYED TO YOU AT THE TIME OF PURCHASE.
Monthly Subscription. If you purchase a “Monthly Subscription,” then you will be provided with access to the Subscription for rolling 30-day periods. Monthly Subscription fees will be charged at the time of purchase and every 30 days thereafter unless we notify you in advance of any change to such billing frequency.
Subscription Fee Changes. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE RESERVE THE RIGHT TO CHANGE OUR SUBSCRIPTION FEES, IF ANY, AT ANY TIME IN OUR SOLE DISCRETION. IF WE CHANGE OUR SUBSCRIPTION FEES, THEN WE WILL PROVIDE YOU NOTICE OF THE PROPOSED CHANGE AT LEAST 30 DAYS BEFORE THE CHANGE IS TO TAKE EFFECT. SUBSCRIPTION FEE CHANGES WILL TAKE EFFECT AT THE START OF THE NEXT RENEWAL OF YOUR SUBSCRIPTION FOLLOWING THE DATE OF THE PRICE CHANGE. YOU ACCEPT THE NEW PRICE BY CONTINUING TO USE APPLICABLE SUBSCRIPTION OFFERING AFTER THE PRICE CHANGE TAKES EFFECT. IF YOU DO NOT ACCEPT THE PRICE CHANGE, THEN YOU MAY CANCEL THE SUBSCRIPTION PRIOR TO THE PRICE CHANGE GOING INTO EFFECT.
Billing Inquiries and Refunds. If you believe you have been billed in error for a Subscription or any portion thereof, then please notify us within 60 days of the billing date by sending an email to [email protected] Ryddm will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation.
Automatic Renewal of Subscriptions. TO THE FULLEST EXTENT PERMITTED BY LAW, BY PURCHASING A SUBSCRIPTION TO THE SERVICE YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD AT THE THEN-CURRENT SUBSCRIPTION FEE, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION AS PROVIDED FOR BELOW. IF WE CANCEL THE SUBSCRIPTION PLAN TO WHICH YOU SUBSCRIBE, WE WILL NOTIFY YOU IN ADVANCE OF SUCH PLAN TERMINATION. IF YOU DO NOT TERMINATE YOUR SUBSCRIPTION PRIOR TO OUR TERMINATING A SUBSCRIPTION PLAN, THEN WE WILL RENEW YOUR SUBSCRIPTION AT THE SUCCESSOR SUBSCRIPTION PLAN PRICE. YOU ARE REQUIRED TO KEEP YOUR PAYMENT METHOD CURRENT IN ORDER TO ENSURE UNINTERRUPTED ACCESS TO THE SERVICE.
Content you purchase in a Transaction cannot be guaranteed to be available to you perpetually. For example, if we receive a notification of claimed infringement from a copyright owner or its agent with respect to specific Content, then U.S. law may require us to remove that Content from the Service and not make it available for future sale and we may also have to deny continued access to anyone who previously purchased such Content. This means that you may lose access to purchased Content previously available to you through the Service.
If we are required by law to deny access through the Service to previously purchased Content, including by removing access to Content from a user’s personal collection through any mobile application, then Company and Artists will not provide the user who purchased that Content with a refund, except as required by applicable law. Users bear all risk from the denial of access to any Content purchased through the Service.
Because there is a possibility that we may be required to deny you access to previously purchased Content, we encourage you to promptly view any Content you purchase or unlock. You warrant that if you enter into a Transaction, then you shall be able to make full and immediate payment for the requested products or services.
Fees and Payments – Artists.
You will set the prices for your products and services that are charged through Transactions (the “Prices”) through the Site, and you may change the Prices at your sole discretion. Notwithstanding the preceding sentence, RYDDM may redistribute previously purchased copies of your products to users who have, in RYDDM’s sole determination, received a corrupted copy of your product, an incorrect file format version of your product, an incomplete copy of your product, or suffered a loss of your product through hard drive failure, damage, theft or destruction, on a no-fee basis to the user (i.e., the user is not charged a new fee for the redistribution). Such redistribution may be effectuated by allowing a user to redownload a replacement copy themselves. A user that has a Fan Account will also be permitted to unlock any previously purchased Content from an Artist. In the event of any of the foregoing redistributions, no additional payments shall be made to you for such redistributions.
Company shall be entitled to a share of the revenue you receive from Transactions (the “Revenue Share”), which shall be calculated on your gross revenue from Transactions, not including any Transactions for which you or we provide a refund, in accordance with the rate schedule set forth at RYDDM.com/pricing . You shall be solely responsible and liable for, and Company shall have no responsibility or liability for, any Stripe fees (except for fees charged on Company’s Stripe account), PayPal fees (except for fees charged on Company’s PayPal account), credit card transaction fees (together, “Fees”), bad debts (such as credit card returns or fraud), disputed payments, and refunds, except as provided in this Agreement. RYDDM may withhold any taxes, duties, charges or levies on payments by RYDDM to you pursuant to this Agreement as may be required by applicable law, rule or regulation. RYDDM shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority.
For Merchandise Transactions using Standard Payments, payments received from users for Merchandise shall be directed to you, unless there is an outstanding Revenue Share owed to Company in which case such payments may be directed to Company in accordance with Company’s standard policies. RYDDM may retain funds otherwise payable to you if RYDDM is required or chooses to provide a refund on your behalf.
For Digital Content and Merchandise Transactions using Enhanced Payments, RYDDM will collect the purchase price and any applicable Fees and taxes. RYDDM will pay you the gross proceeds we receive from the sale of Digital Content, minus the applicable Revenue Share and any applicable Fees (the “Artist Payout”). For Artist Subscriptions, payments received from users shall be directed to you (the “Subscription Fee”), minus the applicable Revenue Share and any applicable fees which shall be directed to RYDDM at the time of each payment.
When you receive a payment for Digital Content or Artist Subscription, you are liable to RYDDM for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees if there is a chargeback, a dispute, or if there is a reversal of the payment. You agree to allow RYDDM to recover any amounts due to RYDDM by debiting your account or withholding any Artist Payout or Subscription Fee. If there are insufficient funds to cover your liability, you agree to reimburse RYDDM through other means.
Company retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Company, and to correct any inaccurate listing or technical problems on the Site. Company may immediately halt the offering or sale of any goods or services upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent with respect to any goods or services.
Additional Fees.
In addition to the fees set forth above, Company reserves the right to require payment of fees for certain additional features of the Service, including but not limited to RYDDM Pro or label accounts. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by e-mail or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Promotions, Discounts, Free Trial
We may offer promotions or discounts related to Subscriptions. Please read the details of those offers carefully. All promotions or discounts that require a payment are non-refundable and any free offerings are limited in duration for the period specified. We reserve the right to limit your ability to participate in only one promotion or discount offering in our sole discretion.
Artists may be subjected to automatically offering a free trial period for their subscription to new fans. At the end of the period, fans who have not canceled their subscription will be charged, in which the profit goes entirely to the artist minus Ryddm’s revenue share.
Refunds
All purchases made on RYDDM.com or in-app are final and non-refundable. You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription.
Any purchase made on Ryddm resulting in a chargeback will cause the User’s account to be immediately and permanently excluded from Ryddm. Additionally, the chargeback amount will be removed from the earning Creator's income.
9- Concerts and Live Steams
General. RYDDM provides a marketplace for artists, venues, festival and merchants (collectively, “Event Producers”) to offer Attendees services such as tickets and VIP packages (collectively, each a "Ticket") for live or streaming events as detailed below. In this regard, RYDDM is an intermediary between Event Producers and Attendees and not an agent or broker of Event Producers. We cannot guaranty any amount of purchases, the quality of the experience provided by an Event Producer, or the conduct of any User.We may make changes to the Services at any time, without notice to you.If you object to the changes, your sole recourse is to stop using the Site. Certain features of the Site/ Mobile Application may be subject to additional terms (for example, your use of the RYDDM Community Forums is subject to the RYDDM Community Forum Guidelines at https://ryddm.com/community-guidelines .
Event Producer Responsibilities.
Tickets. Event Producers must accurately describe the experience offered in any Ticket and by offering a Ticket, you, as the Event Producer, agree that you will provide the experience described in the Ticket. If you fail to provide such experience, you agree to indemnify us and reimburse us for any refunds that we need to issue or damages that we suffer due to your failure. If your event is postponed or rescheduled, you agree to provide the experience described in the Ticket at such reasonable later date. In the event that you do not provide the experience, we will not remit any payments to you unless and until we are satisfied (in our discretion) that Attendees will be issued replacement Tickets or refunds.Event Producers must provide customer service to Attendees with respect to a Ticket and each Event Producer acknowledges that RYDDM does not provide any customer service with respect to Tickets. Further, each Event Producer must furnish a working contact and support email address which will be displayed on Event Producer’s RYDDM profile.
Event Producer Content and Communications. Event Producers are responsible for creating the images, words, graphics, recordings and other content featured on their RYDDM Event Producer page, communicated to their Attendees through communications, or performed or displayed as part of a streaming event or an On Demand viewing (collectively, the “Event Producer Content”).Event Producers are solely responsible for securing all permissions, licenses and approvals that may be required pursuant to your agreements with any third parties (e.g., record labels, managers, agents, etc.) for all Event Producer Content available on the Site and to perform a streaming event, to record a streaming event or to replay or display a recorded streaming event or any other recorded content through an On Demand viewing or otherwise. The Event Producer warrants and represents that it has all rights from any and all applicable record companies and music publishers to perform this agreement and shall indemnify Company in connection therewith. Attendees choose whether they want to receive marketing/exclusive content text messages and/or emails featuring Event Producer Content in connection with a Ticket (together, the “Event Producer Communications”). Event Producers must identify their outgoing Event Producer Communications as either administrative (i.e., transactional) or marketing/promotional and are responsible for the accuracy of such classification.RYDDM is not responsible for Event Producer Content or Event Producer Communications, including any links or attached items therein. Each Event Producer agrees to indemnify, defend and hold RYDDM harmless for any liability or loss incurred by RYDDM as a result of the Event Producer Content or Event Producer Communications, including without limitation for any claims brought by third parties.Each Attendee agrees that you will not sue, or attempt to hold RYDDM responsible, for any Event Producer Content or Event Producer Communication.
Event Producer Processing of Attendee Personal Data. When an Attendee purchases a Ticket from an Event Producer, we must share certain of their personal data with the Event Producer as set forth in the Privacy Policy.This information is shared strictly to fulfill the transactions being made through the RYDDM platform and Event Producers are prohibited from using Attendee contact information for any purpose beyond those set forth in the Privacy Policy without the Attendee’s consent.
Live Event and VIP Package Production. RYDDM takes no responsibility for the production of live events or activities related to VIP packages. RYDDM may from time to time provide Event Producers with referrals or introductions to venues, production companies and other service providers for producing and holding live events and VIP activities, but such referrals do not constitute endorsements or recommendations by RYDDM and it is the sole responsibility of Event Producers (A) for vetting all venues and organizations it retains to conduct events and VIP activities, and (B) to ensure that applicable COVID-19 safety laws and guidelines are being followed. For the purposes of these Terms, an event shall be considered a live event for in-person Attendees even if the event is primarily available through streaming.
Streaming Services and Internet Access:
The ability to view a streaming event may be limited depending on your Internet provider, your device, and your browser type. Attendees are responsible for determining whether your Internet speed, device, and browser can support a streaming event and RYDDM strongly suggests that you test your Internet speed, device, and browser before making a streaming ticket purchase.
10 - Merchandise
Merchandise. RYDDM may offer merchandise, physical or digital goods or services (collectively, “Merchandise”) for sale on the Website. The price for Merchandise shall be displayed at the point of purchase. You shall be responsible for the payment for any Merchandise purchased by you, as well as any shipping costs, taxes or other fees associated with Merchandise. RYDDM reserves the right, in its sole discretion, with or without prior notice, to limit the available quantity of or discontinue any Merchandise sold or offered for sale.
Currency. All charges and payments for Merchandise will be made in U.S. Dollars unless otherwise specified. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card, debit card or other payment method provider.
Orders. All purchases of Merchandise made by or through the Service will be confirmed by an e-mail sent to the e-mail address affiliated or associated with your User account or the e-mail address provided at the time of purchase. If you have any questions regarding any purchase confirmation you receive, please direct your questions to [email protected] The purchase of Merchandise from any External Services shall be governed by the terms of such External Services and you are responsible for ensuring that you read, understand and agree to the terms of any External Services used by you to purchase any Merchandise.
Shipment. RYDDM will arrange for shipment of Merchandise sold by RYDDM to you at the address set forth in any order information you provide. Please check the individual order pages for specific delivery options. RYDDM cannot currently ship Merchandise to locations outside of the continental United States.
Title and Risk of Loss. Title and risk of loss to Merchandise that you buy will pass to you upon delivery of the Merchandise to RYDDM’s selected carrier, but the purchase of Merchandise shall not transfer any intellectual property rights in any Merchandise unless expressly provided by RYDDM in its sole discretion.
Methods of Payment. Merchandise purchases made through the Service can only be made using an approved payment mechanism (by way of example, and without limitation ,, United States-based debit and credit cards). RYDDM uses one or more third parties to process payments for orders, including, without limitation, Stripe (“Payment Processors”). Payment Processors may require you to agree to their own terms and conditions. RYDDM is not liable for any problems or disputes that you may have with such Payment Processors. You authorize RYDDM and its Payment Processors to charge all sums for the purchases that you make on the Website or by or through the Service. Any processing or other transaction fees, whether imposed by an issuing bank of a credit card or Payment Processor involved in the processing of a payment transaction, are the sole responsibility of the User, as established by the Payment Processor. You must be authorized to use the payment method used to make purchases through the Service. RYDDM may seek pre-authorization of your payment mechanism prior to a purchase or charge to verify the payment mechanism is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Charges for Merchandise occur within a reasonable time of the transaction or shortly thereafter, and RYDDM reserves the right to aggregate multiple charges together into one transaction where such multiple charges occur in close proximity to one another. This aggregation will help reduce RYDDM’s credit card transaction fees and enable RYDDM to continue to offer the Service for free.
Taxes. All amounts payable by you herein are exclusive of (and you shall be solely responsible for) all sales taxes, use taxes, withholding taxes, value added taxes, and any other similar taxes imposed by any federal, state, provincial, or local governmental entity on the transactions contemplated by this EULA, excluding taxes based upon RYDDM’s net income. When RYDDM has the legal obligation to pay or collect such taxes, the appropriate amount shall be invoiced to and paid by you unless you provides RYDDM with a valid tax exemption certificate authorized by the appropriate taxing authority. You agree to indemnify and hold RYDDM harmless from any claims by any taxing authority arising out of your purchase of Merchandise on or through the Service.
Refunds and Exchanges. ALL SALES OF MERCHANDISE FROM THE SERVICE (BUT NOT NECESSARILY FROM EXTERNAL SERVICES) ARE FINAL, and RYDDM does not offer refunds for any purchased Merchandise. If the Merchandise you purchased is misprinted, damaged, or defective, then in order to be eligible to exchange the Merchandise, you must submit a claim to RYDDM by sending an email to [email protected] within four weeks from the date of receipt of the Merchandise. If you do not receive your purchased Merchandise and believe it was lost in transit, then in order to be eligible to receive replacement Merchandise, you must submit a claim to RYDDM by sending an email to [email protected] within four weeks of the estimated delivery date. RYDDM is not obligated to provide you with any exchanges or replacement merchandise if you fail to comply with the timing requirements set forth in this Section 9.h.
Cancellation of Payments and Purchases. Payments and purchases may not be cancelled by the User, except as required by law. However, RYDDM reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days
Disputed Charges. NOTWITHSTANDING ANY OTHER TERM, CONDITION, PROVISION, OR RESTRICTION CONTAINED IN THIS EULA, YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT OR CREDIT CARDS FOR PURCHASES THROUGH THE SERVICE (BUT NOT ANY EXTERNAL SERVICES) IN WRITING TO RYDDM WITHIN 60 DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW.
11 - External Services
The Service may contain links to or the ability to share information with third party websites and services (“External Services”). RYDDM does not endorse any External Services or the content made available on such External Services. All External Services and any content thereon is developed and provided by others. You should contact the site administrator or webmaster for those External Services if you have any concerns regarding such content located on such External Services. RYDDM is not responsible for the content of any External Services and does not make any representations, warranties, or guarantees regarding the content or accuracy of any materials on such External Services. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Services, purchase any content from External Services or subscribe to services offered by such External Service, then you do so at your own risk. You agree that RYDDM will have no liability to you arising from your use, engagement, exposure to or interaction with any External Services.
12 - Term and Termination
Term. As between you and RYDDM, this EULA is effective, and its term commences upon the earlier to occur of: i) your first use of the Service, or ii) your downloading of the App, and continues until the termination of this EULA by either you or RYDDM.
Termination. You may terminate this EULA by sending written notification to RYDDM at [email protected] , deleting the App from your mobile devices and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you can ask RYDDM to do so for you by contacting RYDDM at [email protected] , but no such removal is guaranteed. RYDDM reserves the right, in its sole discretion, to restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party copyright owner, including, without limitation, any such owner of musical works or sound recordings. RYDDM may further terminate this EULA immediately for any other reason with or without notice to you, using the email address associated with your account credentials. RYDDM reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability. All Coins are forfeited if your account or access to the Service is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the Service. We have no obligation to, and will not, reimburse you for any Coins or Rewards that are lost due to your violation of this EULA. For purposes of clarity, The limited licenses in this EULA will be automatically terminated if you fail to comply with any of the terms, conditions, provisions or restrictions contained in this EULA. You agree that upon such termination, you will immediately destroy all copies of the App and related programs and documentation, including all copies made or obtained by you and otherwise cease use of the App and the Service.
Survival. Sections 1.c, 1.d, 1.e, 1.f, 1.g, 1.h, 3.b, 3.c, 4.b, 4.c, 4.d, 5, 6, 6.e, 7, 8, 9.g, 9.h, 9.j, 10, 11, 13, 14, 15, 17, 18.a and all defined terms used therein will survive the termination of this EULA.
13 - NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
.Respect of Third Party Rights. RYDDM respects the intellectual property of others and takes the protection of intellectual property very seriously, and RYDDM requires Users to do the same. Infringing activity will not be tolerated on or through the Service.
Repeat Infringer Policy. RYDDM’s intellectual property policy is to: (i) remove or disable access to material that RYDDM believes in good faith and in its discretion, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers.” RYDDM considers a “repeat infringer” to be any User that has Posted User Content and for whom RYDDM has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. RYDDM has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon RYDDM’s own determination.
Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by RYDDM with the User alleged to have infringed a right you own or control, and you hereby consent to RYDDM making such disclosure. Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RYDDM to locate the material;
Information reasonably sufficient to permit RYDDM to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information. RYDDM’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via E-mail: [email protected] m