- The Rhino Star Records Website is a web-based platform to stimulate the development of (dj) talent and is created by Rhino Star Records, based in Los Angeles, California. All Rhino Star Records labels and trade names shall be deemed to be included in Rhino Star Records. Everyone may enter their home made music in the DJ Pool by submitting a SoundCloud link. The most outstanding talents get selected by Rhino Star Records and will sign an additional agreement with Rhino Star Records to release their music on one of its labels.
- Rhino Star Records reserves the right to entirely or partially modify, change, withdraw,(temporarily or permanently) suspend, discontinue or terminate the DJ Pool and/or any of its features and functionalities at any time and for any reason, without giving any reasons and without notice. Rhino Star Records also reserves the right to discontinue, suspend, terminate or cease providing access to the entire DJ Pool or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individuals, groups of individuals, individual territories, states or countries only.
- You hereby agree that Rhino Star Records and its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders shall not be liable to you or to any third party for any changes or modifications to the DJ Pool as mentioned above, or for any decision to suspend, discontinue, terminate access or terminate the DJ Pool as mentioned above.
DJ Pool account
- Mind that you are responsible for any and all activity emanating from your DJ Pool account, whether said activity was authorized by you or not. You may not use any other person’s DJ Pool account to use or access the DJ Pool, or attempt to do so.
- You may not use or access the DJ Pool with an account in the name of another person or company or post messages Tracks in the name of another person and/or company. You may not impersonate any other person or company.
Use of the DJ Pool
- You shall not make use of and/or infect the DJ Pool platform with any viruses, worms, spyware, adware, malware and bots or other malicious contents, such as but not limited to data mining tools, automated scripts, apps, bots, botnets, spiders, trojan horses, plugins or extensions with respect to the Talent Pool (or any Tracks on the DJ Pool), regardless of the configuration or ways and mode of operation, including (without
limitation) any of the foregoing that manually or automatically generates any kind of messages (including Facebook messages, Facebook ‘likes’, Twitter messages, votes), plays Tracks, generates comments (including Facebook and Twitter comments) or favorites any Tracks;
- You may not make use of any aforementioned or other content, programs or facilities to increase your number of votes or otherwise to misrepresent the popularity of your Tracks;
- Between you and Rhino Star Records, the Talent DJ platform, including its underlying idea, format and designs, shall be considered as being a copyright protected work. Therefore, you may not copy the DJ Pool format and/or exploit, publish, duplicate or reproduce or otherwise use the DJ Pool format or similar platforms or formats;
- You may not copy, reverse engineer, reverse assemble, decompile, modify or adapt the object and source code of the DJ Pool, or attempt to do so;
- You may not submit, share, upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise exploit and/or make available or communicate to the public any Tracks that are (i) indecent, obscene, sexually explicit, offensive, racist, abusive, libelous, defamatory, that promote or glorify violence, terrorism, or illegal acts, that incite hatred or violence on grounds of race, gender, religion or sexual orientation, or are otherwise objectionable in Rhino Star Records reasonable discretion, (ii) that violate or infringe the rights of third parties (including, without limitation, copyright, trademark rights, trade name rights, rights of privacy or publicity, confidential information or any other right) or (iii) that
consist of any unauthorized advertising, spam or any promotional messages.
Therefore, you may not and must not submit, store, distribute, publish, upload, send, transmit, perform, display, make available or otherwise communicate and make available to the public any Tracks to which you do not hold the necessary rights. Any use of materials within your Tracks to which you do not hold the necessary right may constitute an infringement of third party rights and is strictly prohibited. Such materials may be, without limitation, samples, vocals, top lines, melodies, lyrics, and other materials not created by yourself and to which you have not obtained all rights, licenses and permissions necessary to use. Any such infringements may result in (i) removal of your DJ Pool account and Tracks from the Talent Pool; (ii) civil litigation; and (iii) criminal prosecution.
- Rhino Star Records has the right to remove or disallow any Tracks from the DJ Pool without giving reasons and without prior notice. You can not remove any Tracks after you have submitted them to the DJ Pool. You may however make a motivated
request to Rhino Star Records ([email protected]) for the removal of a Track.
Grant of License
- By submitting, uploading or posting your Tracks (‘Your Tracks’) to the DJ Pool, you grant Rhino Star Records a limited, non-exclusive, free, worldwide license to publish, display, make available, transmit, distribute, copy, reproduce and otherwise communicate Your Tracks on the DJ Pool platform and on all Rhino Star Records online media platforms (such as, but not limited to its Youtube-channel (or any other Youtube-channel owned or controlled by Rhino Star Records), Facebook and/or Twitter accounts, and its website(s)). This license is granted separately for each item of Your Tracks that you submit to the DJ Pool.
Selection of Winners
- You may use all social media (Facebook, Twitter, etc.) or other media to collect as many votes as possible for Your Tracks. The more votes you collect, the more attention from Rhino Star Records Your Tracks will attract.
- Rhino Star Records will choose the winning Tracks at its sole discretion and without giving any motivation or reasons, and regardless of the amount of votes the winning Track has collected. Rhino Star Records is not under the obligation to (and shall not) correspond with you, in any way, about the selection of the winning Tracks. If your Track(s) get(s) chosen by Rhino Star Records as one of the winning Tracks, you will be hereinafter referred to as ‘Winner’.
- There is no minimum or maximum Tracks to be chosen as winning Tracks. Rhino Star Records may choose a winning Track at any moment and may choose not to select a winning Track at all. Rhino Star Records will notify the Winner by e-mail, by Facebook message or by Twitter message.
- You hereby grant Rhino Star Records an exclusive right of option to enter into an exclusive exploitation agreement with you for each Track you submit to the DJ Pool. This option is granted exclusively to Rhino Star Records (thus excluding any third parties) for a term of four months starting at the moment a Track is submitted.
Furthermore, in the exclusive exploitation agreement, you can opt into a title agreement for your share in the compositions and lyrics embodied in each Track you submit to the DJ Pool. You explicitly are under no obligation to sign these publishing rights over to Rhino Star Records but you may opt to do so by signing the second signature line (under “Writer/Composer”) in the exploitation agreement. By this second signature, you agree to the terms in Rhino Star Records title agreement. The exploitation agreement and the title agreement are agreements for the Track you submit to the DJ Pool, including two follow-up options. You hereby explicitly and without any reservations agree to the exclusive exploitation agreement and, if you opt in, to the title agreement and their contents. Rhino Star Records may exercise the right of option at any moment by sending an e-mail, Facebook message or any other messaging platform. However, Rhino Star Records is never under the obligation to exercise the option.
- For the avoidance of doubt: By submitting any Track to the DJ Pool, you warrant that (i) you are authorized to do so; (ii) you are authorized to enter into the exclusive exploitation agreement; and (iii) you are not bound by any other agreements with third party labels (such as, but not limited to exclusive record agreements) which may restrict or impede the exploitation of Your Tracks by Rhino Star Records or which may restrict or impede the execution of the exclusive exploitation agreement by Rhino Star Records in any way possible.
- From the moment the Winner gets chosen, he or she will remove the winning Track from his or her SoundCloud account and from any other online platforms, portals and sharing services and Rhino Star Records shall remove the Track from the DJ Pool.
Representations and Warranties
- You hereby represent and warrant explicitly to Rhino Star Records (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders) as follows:
- Your Tracks do not and will not infringe upon, or violate, any third party rights (such as, without limitation, any intellectual property rights, portrait rights, database rights, performers’ rights, rights of privacy).
- You have obtained all rights, licenses and/or permissions from any persons appearing in Your Tracks in order to include their name, voice, appearance, portraits, performance, properties or likeness in Your Tracks and Content and to submit and publish those on the DJ Pool.
- Your Tracks, including any messages and comments that you may submit to the DJ Pool, are not and will not be indecent, obscene, sexually explicit, offensive, racist, abusive, libelous, defamatory, and shall not promote or glorify violence,
terrorism, illegal acts, incite hatred or violence on grounds of race, gender, religion or sexual orientation, or are otherwise objectionable in Rhino Star Records reasonable discretion.
Liability for Tracks
- You hereby acknowledge and agree that you are solely responsible and liable for all of Your Tracks that you submit, post, publish or distribute to, or on the DJ Pool, and to the extent permissible by law, Rhino Star Records excludes all liability with respect to all Tracks and the activities of its users with respect thereto.
- Rhino Star Records (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders) hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from any Tracks submitted to the DJ Pool by its users, including, but not limited to, any claims for infringement of any rights, intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, racist, pornographic, obscene or offensive material, or any claims relating to the completeness and accuracy of any Tracks, documents and information provided by users on the DJ Pool.
- To the extent permitted by law, by accessing, visiting and using the DJ Pool, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Rhino Star Records (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders).
- You hereby explicitly agree to indemnify, defend and hold harmless Rhino Star Records, (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders) from and against any and all claims, obligations, damages, losses, expenses, and costs, including actual attorneys’ fees (in and out of court), resulting from:
- any third party claim (justified or not) of infringement of any rights including but not limited to copyrights or other intellectual property rights of Your Tracks on the DJ Pool, and/or your submitting, publishing and making available thereof to other users of the DJ Pool;
- any activity on the DJ Pool related to your DJ Pool account, be it by you or by any other person accessing your DJ Pool account with or without your consent.
- If you find any Tracks on the DJ Pool that you believe infringes upon your rights of intellectual property, please report this to Rhino Star Records providing the following information:
- A description and the exact name of the relevant DJ Pool account, and the exact name of the Track, including the URL (if possible);
- a statement that you have identified Tracks on the DJ Pool that you believe infringes your rights or the rights of a third party on whose behalf you are entitled to act;
- a statement explaining which rights are (allegedly) infringed upon, that
your information is accurate and that you are fully authorized to act on behalf of the owner of the right that is (allegedly) infringed upon;
- your full name, address and telephone number (including the international call prefix), a valid e-mail address, and your DJ Pool user name if you have one.
- Such reports may be send by e-mail to [email protected]
- The DJ Pool is provided ‘as is’, ‘as available’, and ‘with all faults’. Rhino Star Records makes no guarantees, warranties, representations or promises of any kind whatsoever (express or implied) regarding the DJ Pool. Rhino Star Records does not guarantee (i) the uninterrupted, secure, error-free or timely use of the DJ Pool,
(ii) that defects will be corrected, or (iii) that the DJ Pool or any part thereof will be free of viruses or other harmful components, (iv) that the DJ Pool shall not harm your hardware and/or software and (v) that the DJ Pool is fit for a certain or particular purpose.
Limitation of Liability
- Rhino Star Records (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders) shall have no liability for any loss of profits, any other loss, or damage arising from:
- Any temporary or permanent suspension of the DJ Pool, temporary or permanent cessation of access to the DJ Pool and any changes that Rhino Star Records may make to the DJ Pool or any part thereof;
- Any errors or omissions in the DJ Pool’s technical operation;
- Your inability to access, visit or use the DJ Pool or your inability to submit any Tracks;
- Any action by third parties taken against you with respect to any (alleged) infringement of such third party’s rights relating to Your Tracks or your use of the DJ Pool;
- Any loss or damage to any hardware or software, any loss of information and/or data (including Your Tracks);
- Any claim or cause of action against Rhino Star Records related to your use of the DJ Pool and/or arising out of your use of the DJ Pool must be notified to Rhino Star Records as soon as possible and by registered mail, only to the aforementioned address.
- Note that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages; therefore the above limitations or exclusions may not apply to you. If this is the case, you acknowledge and agree that such limitations and exclusions reflect a fair, reasonable allocation of risk between you and Rhino Star Records, also given the fact that the use of the DJ Pool is free of charge, and that Rhino Star Records liability will be limited to the maximum extent permitted by applicable law.