TERMS OF USE ProduceIt Artist Support Agency

Updated: February, 2023

These terms of use, including any other conditions that are referenced herein including our PRIVACY POLICY set forth the terms and conditions that apply to your use of the site or service. ProduceIt is the owner of the website “https://produceit.net” and all of the data contained within. ProduceIt data and systems are protected under copyright law and may not be duplicated or misused.

This agreement highlights the legally binding terms of service for your use of the site and all packages provided by ProduceIt. By using the site and/or services offered by ProduceIt, which includes but is not limited to browsing the site you are agreeing to be bound by these terms, including those additional terms of use and policies referenced herein. You further agree to comply with all applicable International laws and regulations. These terms apply to all users of the site or service, including, without limitation, users who are a business entity, customers or buyers of services on the site. By using the site and/or services offered by ProduceIt, you hereby waive any and all claims challenging the applicability or binding nature of the terms.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY CAPABLE OF ENTERING INTO AN AGREEMENT.

Minors are not eligible to use the site without the supervision of a legal guardian and they should not submit any personal information to us. You acknowledge that we reserve the right to refuse service to anyone and to cancel access at any time.

IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS PERIODICALLY. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE OR SERVICE. WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE AND SUCH MODIFICATIONS, ADDITIONS, OR DELETIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. WE MAY CHANGE OR DISCONTINUE ANY ASPECT, SERVICE, OR FEATURE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, AVAILABILITY, AND EQUIPMENT NEEDED TO ACCESS OR USE THE SITE, AT ANY TIME AND WITHOUT NOTICE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US.

1. ABOUT THE SITE
The site provides information and access to ProduceIt – Artist Support Agency which is dedicated to getting artists music selected for various opportunities through our contact with publishers, sync agents, a&r, labels, radio managers, blogs, playlists and promotions while providing an increase in streams, fan following and social media performance.

2. USER BEHAVIOR
As a condition of use, you agree not to use the site for any purpose that is unlawful. You warrant that you will abide by all applicable local, state, national, and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws). Any unauthorized use of the site is expressly prohibited.

You agree not to (a) take any action, or (b) upload, download, post, submit, or have ProduceIt upload or post on your behalf, or otherwise distribute or facilitate distribution of any material and/or content, using any communications service or other service available on or through the Site, that:

infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity; or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic, or obscene, or promotes hate or incites violence; or misrepresents the source, identity, or content of information transmitted via the site; or

constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme, petitions for signatures, charity requests, or any other similar solicitation; or contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, or other information of ProduceIt or any third party; or

impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of ProduceIt; or

collects, or attempts to collect, personal information about users without their consent or constitutes a solicitation, for commercial purposes, of any users of the site; or

otherwise violates these Terms, the Privacy Policy, or any other policy posted on the site.

Additionally, you agree that you will not:
(1) take any action that imposes, or may impose, in ProduceIt sole discretion, an unreasonable or disproportionately large load on ProduceIt infrastructure;
(3) alter or modify any part of the website;
(4) bypass any measures ProduceIt may use to prevent or restrict access to the site, other accounts, or computer systems or networks connected to the site;
(5) use the site to collect user names, users’ contact information, personal information;
(6) use the Site for any business or commercial purpose other than as specifically intended and provided for herein;

You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, data mine, scrape, index, or reverse engineer any part of the site, any content of third parties, or any other content available through the site (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you may not remove any proprietary notices, marks, or labels.

You shall not launch or otherwise use any robot, spider, scraper, or other automated means to access the site or use the service in a manner which sends more request messages to the ProduceIt server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view, and submit content. ProduceIt uses up to date anti-spyware,anti-malware,anti-phishing,anti-spam,anti-virus and firewall software to protect the site,users data and any form of financial information and personal details.

3. BUYERS ON THE SITE

Confirmation of Orders – Once you have signed up to the service we will review your information and music. If we wish to add you as a client we will send confirmation of same and request a Master Track(s). Users can provide promotional material if available. Once you acknowledge the confirmation and send us your Master Track(s) we will send you an invoice. Once your payment has been processed we will issue a confirmation of order with a receipt and begin your campaign. Clients can pay the campaign fee via Paypal.

Cancellation or Refund. Users acknowledge that once we receive payment for a specific package and issue a receipt we immediately start your campaign and implement our systems to do so. Users understand that we cannot issue a refund once the campaign has started. Users can cancel their campaign at any time and request their data be removed from ProduceIt systems. No refund can be issued at this point. ProduceIt takes no responsibility for data which has been shared with industry professionals. ProduceIt also uses various electronic outreach tools and platforms to communicate with potential clients. We will on occasion schedule calls with interested parties. By agreeing to be directly invoiced by ProduceIt makes you bound by these terms.

3. STATEMENT

ProduceIt artist support campaigns are a non-exclusive agreement between the client and ProduceIt. The client owns 100% of their copyright and publishing rights. ProduceIt only acts as a support service for the client. If a music industry professional presents an offer to ProduceIt on your behalf that involves contracts,agreements,financial exchanges or any legalities it will be the clients sole responsibility to enter any type of agreement with the industry professional. ProduceIt will not expect any monies or royalties from any deals that are presented to our clients. Users should take their own initiative to protect their recordings through copyright and the appropriate performance rights organization. ProduceIt takes no responsibility for any royalty collection,revenue stream or copyright of your music during or after the campaign process. ProduceIt may communicate about certain aspects of royalty collection,revenue stream or copyright if it is relevant to a specific opportunity.

4. COMMUNICATION

Users agree to allow ProduceIt to have open communication with music industry professionals about your music and will be the sole communicator during this process. The user will not open a line of communication with our contact list of music professionals or Industry Pros or circumvent the tools developed by ProduceIt used for this purpose. In order to protect ProduceIt privacy and specific system tools the user acknowledges that ProduceIt will only disclose the details of opportunities that are confirmed by the music industry professionals and facilitate same on your behalf. No other communications prior to the confirmation accepting your music by the industry professional will be disclosed. ProduceIt will only disclose data regarding specifics of an opportunity for the benefit of our clients. ProduceIt reserves the right to protect specific communications. User understands we may require more data from you for specific opportunities. User acknowledges that circumventing our processes will result in the immediate cancellation of the campaign and the user will forfeit 100% of payment. Any major compromise or damage of ProduceIt – Artist Support agency business systems could result in legal action. ProduceIt commits to providing a quick turnaround but our clients understand that any placement,use,contract,label offer or sync/publishing offer regarding your music will ultimately be decided by the industry professional within the named entities mentioned in ABOUT THE SITE. The client understands that results vary between our clients and we cannot guarantee that any one entity will commit to use of their music. ProduceIt takes your privacy seriously. All communications and files submitted to us are protected with up to date security measures. Please see our Privacy Policy

DISCLAIMER OF WARRANTY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT: (A) THE SITE, SERVICES, OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES, OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, OR IN RELIANCE ON THE MATERIALS OR SERVICES, WILL MEET YOUR EXPECTATIONS; OR (E) THAT THE MATERIALS ARE FREE FROM INFRINGEMENT OF ANY KIND OR NATURE.

OBTAINING ANY MATERIALS OR SERVICES THROUGH USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WE AND/OR OUR OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COST OF SUBSTITUTE GOODS OR SERVICES, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.