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RHINO STAR RECORDS TERMS OF USE (“Terms of Use”)

Please read these Terms of Use carefully. You should not use or access the Rhino Star Website if you do not agree to any of the provisions set out in these Terms of Use.

DJ Pool

  1. 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.

Applicability and acceptance of Terms of Use

  1. By accessing or using the DJ Pool, or  by  uploading,  downloading,  viewing, streaming or accessing any content or information from or to the DJ Pool, you represent and warrant that you have read and understood these Terms of Use, that you are of legal age (i.e. 18 years or more) or that you have your parents or legal guardians permission to access and use the Talent Pool and that you will abide by these Terms of Use.

Changes to the Terms of Use and changes to the DJ Pool

  1. Rhino Star Records has the right to change, withdraw, alter, replace or otherwise modify these Terms of Use at any time. Any changes to these Terms of Use will be posted on the DJ Pool platform. Furthermore, Rhino Star Records shall notify you in advance of any changes in the Terms of Use by sending you an e-mail message to the e-mail address that you have provided with your  login  credentials.  You will have no obligation to continue using the DJ Pool after any such notification, but if  you do you automatically agree to the revised Terms of Use.
  1. Rhino Star Records may release every now and then new features and tools or other services and/or features for the DJ Pool. These new features, tools and features are subject to these Terms of Use (as well as any changes in the Terms of Use).
  1. 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.
  2. 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

  1. Use of the DJ Pool is free of charge. You can and may only use and access the DJ  Pool by finalizing an account into the DJ Pool  account which  contains  a valid  e- mail address  (which  remains  valid).  Your  e-mail  address  and  any  other personal information you have provided through your account  can  be  used  by Rhino Star Records to manage the DJ Pool, for any  related services  offered by  Rhino Star Records, and to contact the Selected Talents (see below). You hereby agree that the DJ Pool (i.e. the application) may access your account and may use your e-mail address and your personal information as mentioned in the Terms of  Use.
  1. 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.
  1. 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

  1. Subject to your strict compliance with  these  Terms  of  Use  at  all  times,  Rhino Star Records hereby grants you a non-exclusive, strictly personal, revocable, non-assignable, non-transferable, limited and restricted right and license to use the DJ Pool in order to view content and/or to listen to Tracks posted on the DJ Pool.

Furthermore, you may submit and post audio materials (‘Tracks’). All Tracks may only be submitted and posted by use of ‘SoundCloud’ links. Note that you may need to register for a SoundCloud account and agree to the terms of use (including privacy policy) of SoundCloud. This license to use the DJ Pool is granted conditional upon your strict compliance with these Terms of Use, including, without limitation, the following:

    1. You may not copy, capture, adapt, perform, duplicate, rip, (re)publish, make available or otherwise communicate to the public, transfer, (re)distribute or otherwise exploit or use any Tracks posted on the DJ Pool, except where said Track is your own Track, or where these Terms of Use permit such;
    2. 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;

    1. 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;
    2. 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;
    3. 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;
    4. 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.

  1. You warrant that you shall always use the DJ Pool in good faith and with good intentions and that you will always comply with the conditions of these Terms of Use and specifically with the conditions mentioned under paragraph 10 (a) to (f) above. You shall not harass, stalk threaten, abuse or otherwise annoy other users or Rhino Star Records (including its employees). Note that Rhino Star Records has the right, without prior notice and in its sole discretion, to remove you and your DJ Pool  account from the DJ Pool immediately or take such actions as it sees fit if you breach the terms of these Terms of Use.
  1. 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

  1. 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.
  1. This license will (subject to the following paragraph of these Terms of Use) terminate automatically when Your Tracks are removed from the DJ Pool.

Selection of Winners

  1. 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.
  1. 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’.
  1. 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.
  1. In the event that Your Track has not been chosen by Rhino Star Records, Rhino    Star Records reserves the non-exclusive right to offer Your Track and your email    and contact information to third parties that may be interested in Your Track. Such third parties  will  only  acquire  any  rights  to  Your  Track  after   you  have  reached an agreement with such third  parties.  These  Terms  of  Use  do  not transfer any rights between you and an entity that is not a party to these Terms of Use.

Exploitation Agreement

  1. 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.

  1. 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.
  1. 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

  1. You hereby represent  and  warrant  explicitly  to  Rhino Star Records  (including  its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders) as follows:
    1. Your Tracks, artist- and track names are all original works and/or names made by you, or you have obtained all rights, licenses and permissions necessary to use (and to authorise Rhino Star Records to use) Your Tracks, and any artist- and track names in accordance with these Terms of Use.
    2. 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).
    3. 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.
    4. 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

  1. 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.
  1. 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.
  1. 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).

Indemnification

  1. 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:
    1. any violation by you of these Terms of Use or any other unlawful act by you against Rhino Star Records;
    2. 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;
    3. 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.

Reporting Infringements

  1. 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:
    1. A description and the exact name of the relevant DJ Pool account, and the exact name of the Track, including the URL (if possible);
    2. 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;
    3. 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;

    1. 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.
  1. Such reports may be send by e-mail to [email protected]

Disclaimer

  1. 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

  1. 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:
    1. 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;
    2. Any errors or omissions in the DJ Pool’s technical operation;
    3. Your inability to access, visit or use the DJ Pool or your inability to submit any Tracks;
    4. 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;
    5. Any loss or damage to any hardware or software, any loss of information and/or data (including Your Tracks);
    6. any loss of profits, or any other loss or damage you suffer which is not a foreseeable consequence  of  Rhino Star Records  breaching  these  terms  of use. Losses are foreseeable where they could be contemplated by  you  and Rhino Star Records at the time you agree to  these  Terms  of  Use,  and therefore do not include any indirect losses, such as loss of opportunity.
  2. 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.
  1. Nothing in these Terms of Use limits or excludes  the  liability  of  Rhino Star Records (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders) for any death or personal injury caused  by  its negligence  or deliberate acts and/or omissions, for any form of fraud or for any  form of liability which cannot be limited or excluded by law.
  1. 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.

Miscellaneous

  1. Rhino Star Records may assign its rights and its obligations under these Terms of  Use, in whole or in part, to any third party at any time without prior notice. You may not assign the rights and obligations under, in whole or in part, to any third party without the prior written consent of Rhino Star Records.
  1. Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed sever-able and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
  1. These Terms of Use  constitute  the  entire  agreement  between  you  and  Rhino Star Records with respect to your use of the DJ Pool, and supersede any prior agreement between you and Rhino Star Records, notwithstanding the Exclusive Exploitation Agreement. Any modifications to this Agreement must be made in writing, notwithstanding the right of  Rhino  Star  Records  to  unilaterally changes the Terms of Use.
  1. Except when otherwise required by the mandatory law of The United States of America or any member state of the European Union, this Agreement is subject to the laws of California and you hereby agree, and Rhino Star Records agrees, to submit to the exclusive jurisdiction of the courts in  Los Angeles,  California  for  resolution of any dispute, action or proceeding arising out of or in connection with these Terms of Use and/or the use of the DJ Pool.
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