Volume Terms of Service
Last Updated: March 11, 2021
Before using Volume.com (the “Platform”), which is owned and operated by Volume Media, LLC, a Florida limited liability company with a principal address of 4000 Hollywood Boulevard #555-S, Hollywood, FL 33021 (“Volume,” “we,” “our,” or “us”), please read the following terms and conditions (the "Terms of Service") carefully. The Terms of Service are a legal agreement between Volume and you, whether you are a website visitor or a member (“Community Member”). By visiting the Platform or using any of our services, you acknowledge that you have read, understood, and agree to comply with and be bound by the Terms of Service (this “Agreement”). This Agreement is not assignable by you, and any attempted assignment by you is void. We may assign this Agreement, in part or in whole, in our sole discretion. If you do not agree to these Terms of Service, do not use the Platform. The parties agree as follows:
Description of the Services
We provide you, our users, a platform to view, upload, or stream live concerts and other content. You may access our platform through the Platform, which includes the www.volume.com domain, its sub-domains, web pages, country level domain variants, and mobile sites. We refer to the foregoing as our “Services.”
You agree, by using our Platform or Services, that you are at least 18 years of age and are legally able to enter into a contract. If you are between the ages of 13 and 18, you may only use our Platform and Services under the supervision of a parent or legal guardian who is at least 18 years of age and agrees to be bound by these Terms of Service.
Your License to Use the Services
Our Services and any content on our Platform are proprietary to Volume and are protected by laws of the United States and foreign laws. By accessing, browsing, and/or using the Platform and therefore agreeing to be bound by this Agreement, you thereby demonstrate your agreement not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or resell any content, software, products, or services through this Platform without the express permission of Volume. We grant you a limited, personal, nontransferable, nonexclusive, revocable license to use the Platform, including any intellectual property described below in Section 4, pursuant to this Agreement and to any additional terms and conditions set forth by us. We retain full and complete title to any content made available by us on the Platform, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in our sole discretion. We strictly prohibit any other use of the content available to you through the Platform or Services.
Acceptable Use of the Services
The Services are made available to you only for the intended purposes set out herein – to view, upload, or stream live concerts and other content. You shall not access and/or use the Services for any other purpose, which means that you shall not: (a) engage in any activity that could damage, disable, impair, interrupt, or interfere with the Services, including the networks and servers connected to the Services; (b) consume a commercially disproportionate amount of bandwidth, CPU usage, memory storage space, or any other network or system resources, including any limits set by us on maximum concurrent usage of the Services; (c) introduce a virus, worm, Trojan Horse, or any other malicious or harmful software code, data, or file that may damage, interfere with, intercept or expropriate any system, data, personal information or property of another; (d) attempt to gain unauthorized access to accounts not owned by you, or to any connected network or servers to the Services through hacking, phishing, or other means; (e) use the Services on a service bureau or shared basis; (f) host the Services to be accessible by third parties; (g) sell, resell, assign, transfer, license, lease, or rent access to or use of the Services or otherwise transfer any rights to use the Services under this Agreement; (h) utilize the Platform or Services in connection with any activity that would constitute a violation of any applicable law, regulation or ordinance; (i) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services; (j) defame, defraud, abuse, harass, stalk, threaten, or otherwise violate any legal rights (such as rights of privacy and publicity) of others; (k) transmit any files or materials protected by intellectual property laws, unless you own or control the rights thereto or have received the necessary consent to do so; (l) utilize “software robots,” “scripts,” “robots,” “spiders,” “scrapers,” “web crawlers,” “data mining tools,” “extraction tools” or utilize computer programs that recursively query the Platform over the Internet; (m) “frame,” “cache,” “grab,” use, or copy any content included on the Platform or Services; (n) reverse engineer the Platform or content thereon for any purpose whatsoever. Please review our “Code of Conduct” located at Appendix C which is hereby incorporated by reference and made a part of these Terms of Service.
You acknowledge that you are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
Our Intellectual Property
Volume.com never claims an ownership interest in your performances, which are entirely yours. We do, however, retain ownership and control of all intellectual property inherent in, associated with, and related to the Service and Platform, including, but not limited to, copyrights, patent rights, trademarks, trade dress, or service mark rights, whether registered or unregistered, arising under Federal, State, or Common-Law, as well as confidential or commercially sensitive information, such as trade-secrets, and any other right not expressly licensed to you under this Agreement.
You acknowledge that no ownership rights are being conveyed to you under this Agreement. Any modifications you develop or recommend to the Services will be our exclusive property, and you agree to and hereby do assign all right, title, and interest in and to such modifications and all rights associated therewith to us.
To use certain features of the Services, you are required to register for an account and provide us with certain information, such as a username and password. You cannot sell, transfer, assign, combine, or share your account with another person or entity, unless we agree in writing beforehand. By registering for an account, you agree that all of your registration information will be legal, accurate, and complete. You agree that your registration information is current and correct. You are responsible for the confidentiality of your account information, including your username and password. All activity made through your account is your responsibility. If you become aware of any unauthorized use of your account, you must notify us immediately. By registering for an account, you consent to receive email notifications from us regarding the Services, your account, or your subscription, in place of, or in addition to, any written notices. You may cancel your account any time by deleting your account. We, in our sole discretion, may cancel your account for any reason and without notice. If your account is cancelled, you may forfeit any current AMPs and any other forms of unredeemed value in your account.
Community Members may elect to put money on deposit with the Platform which will be converted to AMPs, which AMPs may only be used through the Platform as the applicable Community Member elects, including to tip to other Community Members (e.g., during a live performance). By tipping AMPs through the Platform, you agree that all AMP tips are intended as a gratuity and all tips are final when sent. In the event that we receive a complaint about a tip after it has been sent, we may, at our election and with no obligation to do so, send the complaint to the receiving party for its response regarding the complaint, but there is no guarantee that your tip will be returned to you. By providing your payment information, you expressly consent to the use of third-party payment processors to facilitate any and all transactions you may elect to make through the Platform. It is your sole responsibility to make sure that your billing information is up to date. If you believe that you have been erroneously billed, please notify us immediately of such suspected error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its appearance on your billing statement. We reserve the right to impose transaction limits on Community Members based upon a variety of factors including, without limitation, length of membership to the Platform, location, change in access information, and amount of refund requests. Please note that abuse of special offers, including creating multiple accounts to take advantage of such offers, is a violation of these Terms of Service. Community Members may withdraw unused moneys on deposit with the Platform by contacting customer support, less amounts charged by third parties in connection with the initial and refunded transactions.
User Submitted Content
We permit you to upload and publish content that you create, which may include, without limitation, live or recorded audio-visual works (e.g., streaming concerts), text, messages, graphics, pictures, photographs, and other materials to the Services (“Your Content”). Your Content is your sole responsibility. This means that you, and not us, are entirely responsible for all of Your Content that you upload, stream, post, link to, distribute, transmit, or otherwise make available to us or to other users of the Services. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of Your Content made available through our Platform or Services. For additional information and restrictions concerning acceptable content for publishing through the Platform, please review our Code of Conduct.
You acknowledge that we do not pre-screen Your Content, but that we do have the right, but not the obligation, to modify, transmit over various networks, refuse, delete, or move any of Your Content that is available on the Services in our sole discretion. You agree that you bear all risks associated with the use of Your Content. You further agree to not intentionally provide false or misleading information on the Services. You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, or inflammatory material, or any other material that could give rise to any civil or criminal liability under the law. You are also expressly prohibited from posting, streaming, or otherwise publishing any content that infringes upon any third party’s rights (including, without limitation, copyrights). For more information on this, see Section 8 below.
Cover Songs and Performance Rights Organizations
As a service to Artists, Volume has procured licenses from three major Performing Rights Organizations (“PROs”), ASCAP, BMI, and SESAC, in order to allow performance on the Volume Platform of songs in these PROs’ respective catalogs. Please be aware that performing other cover songs without permission (either from another PRO or directly from the author of the song's composition) constitutes an infringement of the author’s copyrights in that song’s composition. This leaves you vulnerable to a potential copyright claim and at risk of having your stream taken down. As noted throughout these Terms of Service and our Code of Conduct, you may not use the Platform to infringe anyone’s copyrights, which includes playing a cover song without permission.
Sampling and Remixing
To the extent that you intend to incorporate into Your Content any sound recordings of another artist’s music, whether in whole or in part, you may only do so with the permission of the owner of the sound recording. You may be able to obtain permission for the song(s) that you wish to sample or remix from one or more PROs, such as ASCAP, BMI, or SESAC. Not all songs are represented by every PRO, so please carefully check the catalog of available songs for any PRO you choose to use in order to ensure that both the sound recording rights and the composition rights of the particular song or songs that you would like to use are available under the license that you purchase.
Community Members may have the ability to create and administer a fan club through the Platform provided that Community Members’ account is in good standing and Volume has not limited or removed the fan club functionality. Should a Community Member elect to start a fan club, the Community Member will choose a monthly fee that other Community Members must pay to be members of the Community Member's fan club. You understand and agree that in purchasing a membership to a Community Member's fan club, such purchase will automatically renew, and you will be automatically rebilled for such purchase, on a monthly basis until such time as you cancel such fan club membership. Updates and what, if anything, is included in any such fan club membership will be in the sole control and determination of each Community Member for their own fan club. For the avoidance of doubt, in the event that you offer a fan club, you agree that you have the unrestricted right to offer and/or provide any content you may post to Community Members who join your fan club, and all such content is subject in all respects to these Terms of Service and our policies. In the event that one or more members of a Community Member's fan club request a refund from us, or institute a chargeback with our payment processor, we reserve the right to assess a chargeback fee to the Community Member's Account associated with the fan club and/or suspend the Community Member's ability to maintain a fan club through the Platform. We reserve the right to rescind any Community Member's permission to maintain a fan club for any or no reason at all.
Suspected Intellectual Property Infringement
Volume respects the rights of other copyright holders and strictly follows applicable laws including the Digital Millennium Copyright Act (the “DMCA”). If you are a copyright owner and believe that your work has been copied or distributed on the Platform without your permission in a way that infringes your copyright in such work under the DMCA, please follow the requirements set forth in our DMCA Instructions. We have and observe a repeat offender policy and will terminate the Account of anyone using the Services who violates such policy, where appropriate.
If you believe that your trademark rights or other intellectual property rights have been otherwise violated, please contact us at support [at] volume [dot] com.
From time to time, we may permit certain contests for participation by Community Members. The general rules for our contests are located in our general contest rules in Appendix A to these Terms of Service, which appendix is incorporated by reference herein.
Promotion of the Platform
Registered users of the Platform may be eligible to participate in our affiliate advertising program and potentially earn commissions based on the number and quality of registered user referred to the Platform. For more information, please see Appendix B, which is hereby incorporated by reference and made a part of these Terms.
Term and Termination
The term of this Agreement will begin upon your acceptance of these Terms of Service and will continue in effect until terminated. We reserve the right to terminate the Agreement and Services at any time with or without notice to you. This Agreement shall terminate immediately if you breach any of the terms and conditions set forth in the Agreement. Upon termination of this Agreement, you shall immediately cease use of the Services.
All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, binding arbitration and choices of law and forum, and intellectual property protections).
Changes to Services and Agreement
We reserve the right to modify, suspend, or discontinue the Services or any part of the Services at any time, in our sole discretion.
We reserve the right to make changes to this Agreement, from time to time. Your continued use of the Services after a change to this Agreement constitutes your acceptance of the changes to this Agreement. If you do not agree to be bound by this Agreement, as modified, you must terminate your use of the Services immediately. It is your responsibility to review, from time to time, the most current version of this Agreement so that you will be apprised of any such changes.
DISCLAIMER OF WARRANTY
THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT USE OF THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE CONTENT PROVIDED ON THE PLATFORM OR THROUGH OUR SERVICES IN ANY WAY. WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE PLATFORM AND ANY MATERIALS, DATA, OR INFORMATION CONTAINED ON THE PLATFORM, AND FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WE OR OUR ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE PLATFORM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES”, “WORMS”, “BUGS”, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF ONE OF OUR AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE PLATFORM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED IN AGGREGATE THE LESSER OF $100 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You hereby agree to indemnify, hold harmless, and defend us and all related parties from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorney’s fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from your use of the Services. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all such claims, demands, proceedings, suits, actions or causes of actions which are brought against us and in no event shall you settle any such claim without our prior written approval.
We provide a service and would be unable to function if we were held responsible for the actions or inactions of our visitors, Community Members, or other users of the Services we provide. Therefore, as inducement for us permitting you access to use the Services, you hereby agree to release us, our affiliates and subsidiaries, and each of its and their respective directors, officers, employees, and agents from all damages (whether direct, indirect, consequential, incidental, or other damages), losses, liabilities, costs and expenses of every kind and nature, known or unknown, arising out of or connected with disputes between you and third parties in connection with the Services.
Binding Arbitration and Choice of Law
This Agreement, including binding arbitration, will be governed by the law of the State of Florida, without regard to the conflict of laws principles thereof.
If any dispute, controversy, or claim cannot be resolved in binding arbitration between the parties, then it shall be submitted for resolution to a court of competent jurisdiction in Miami-Dade County, Florida, and the Federal Courts in and for the Southern District of Florida, and the parties hereby submit that exclusive venue shall lie with such court(s), and the parties hereby agree to submit to the jurisdiction and venue of such court(s).
This Agreement sets forth the entire agreement between you and Volume regarding the use of the Services. You agree that there are no other representations or obligations regarding your use of the Services, other than those reflected in this Agreement, and that you are not relying on any other representations regarding your use of the Services other than those reflected in this Agreement.
If any provision of this Agreement is held illegal or unenforceable in any proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain in full force and effect.
Any failure or delay in performance by either party shall be excused if and to the extent caused by an Act of God (fire, flood, earthquake, storm, hurricane or other natural disaster), war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, government actions, lockout or interruption or failure of electricity of network service, pandemic, or other cause beyond the reasonable control of the parties.
Consent to Data Usage