Effective Date: May 16, 2023 Read Community Guidelines
el3ment (“we,” “us,” “our”) provides a service through our mobile application and website located at https://www.el3mentapp.com (the “Site”), where independent artists can find and collaborate with partners anywhere in the world, interact with fans directly and own and manage their business. These Terms of Use (“Terms”) apply to all contents and information available within the Site. You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Site.
PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OLD, ARE LOCATED IN THE UNITED STATES AND ACCEPT THE TERMS SET FORTH HEREIN. IF YOU ARE NOT AT LEAST 18 YEARS OLD, DO NOT RESIDE IN THE UNITED STATES AND DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE SITE.
Binding Arbitration
THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND EL3MENT MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST EL3MENT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 18 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH EL3MENT.
Changes to Terms
The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
Privacy
Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Site.
Intellectual PropertyThe Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
License
el3ment grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of el3ment.
User Accounts
To use the Site, you must register an account. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that el3ment has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, el3ment has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. el3ment will not be liable for losses, damages, liability, expenses, and fees incurred by el3ment or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
Deletion of Personal Information
You may modify or delete your el3ment account information at any time by following the instructions on the Services. If you wish to have el3ment delete your Personal Information from our system, you may submit a request for deletion to el3ment by emailing us at info@el3mentapp.com. el3ment will seek to comply with your request as soon as practicable, but el3ment will not delete information (i) that el3ment is required to maintain to comply with the law or legal process, (ii) where such information is necessary for el3ment to exercise its legal rights, or (iii) where such information is maintained in el3ment’s normal backup systems where the information is not accessed or used except for backup and security purposes. Note that if you delete your Personal Information, you may lose some of the functionality of the Services.
By removing or disconnecting el3ment app from your personal Facebook app, your data will be automatically deleted within 24 hours.
User Content
Users of the Site may submit, transmit, upload or post to or through the Site material, information or other communication including any audio, musical works, videos, comments, data, images, sounds, text or the like (“User Content”), and such User Content will be considered non-confidential and non-proprietary. You are responsible for the User Content you post to the Site and must be compliant with applicable laws, rules and regulations when posting such User Content. You represent and warrant that you have or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to post the User Content on the Site. Any unauthorized use of copyright protected material within your User Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Site), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited.In submitting User Content through the Site, you agree you will not:
- Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
- Submit material that is false, misleading and/or not written in good faith;Post any unsolicited or unauthorized advertisements, solicitations of business or employment, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other prohibited form of solicitation;Impersonate another person;
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant el3ment all of the license rights granted herein; or
- Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.
You or the owner of your User Content own the copyright in the User Content. However, by submitting User Content to the Site, you hereby grant el3ment an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Site and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant el3ment a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content. For the avoidance of doubt, the rights granted in this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner, a musical work copyright owner, 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.
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 these Terms in your User Content to us. 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 these Terms in your User Content or have such music publisher enter into these Terms with us.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third-party service via the Site.
Waiver of Rights to User Content. By posting User Content to or through the Site, 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 to or through the Site.
el3ment reserves the right, but has no obligation, to refuse to post, block or remove User Content from the Site for any reason in our sole discretion. el3ment may terminate your access to or use of the Site to prevent further posting or distribution of User Content.
We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Site. By using the Site, you irrevocably waive the right to assert any claim with respect to any of the foregoing against el3ment or any of its successors, assigns, employees, agents, directors, officers or shareholders.
You hereby acknowledge and agree that el3ment (i) stores User Content at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such User Content, and (iii) plays no active role and givesno assistance in the presentation or use of the User Content. You are solely responsible for all User Content that you upload, post or distribute to, on or through the Site, and to the extent permissible by law, el3ment excludes all liability with respect to all User Content and the activities of its users with respect thereto.You hereby acknowledge and agree that el3ment cannot and does not review the content created or uploaded by its users, and neither el3ment nor its successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Site for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms or applicable law.
Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send el3ment a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow el3ment to locate the material on the Site;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send el3ment a counter-notice. Notices and counter-notices with respect to the Site should be sent to the contact address set forth at the end of these Terms.
Feedback
All ideas, suggestions, feedback, you submit, transmit, upload or post to the Site or to el3ment (“Feedback”) will be considered non-confidential and non-proprietary. Except with respect to personally identifiable information, which we will collect, use and disclose in accordance withour Privacy Policy, el3ment will have no obligations with respect to the Feedback. You hereby assign to el3ment all intellectual property rights, including any moral, publicity and privacy rights you have in any Feedback. By submitting the Feedback to el3ment, you agree el3ment is free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identified form. Without limitation, el3ment and its designees will be free to copy, disclose, distribute, incorporate, publicly display, publicly perform, modify, create derivative works of, commercialize and otherwise use the Feedback for any and all commercial or noncommercial purposes anywhere in the world.
Communications
By creating an account with us, you electronically agree to accept and receive communications from el3ment and other users of the Site including via chat, email and push notifications. If you do not wish to receive promotional emails or other communications, you may change your notification preferences by accessing the Settings in your account.
In-App Purchases
The Site includes in-app purchases that allow you to purchase connections with other users of the Site (“In-App Purchases”). These are optional extras. It is not necessary to make any In-App Purchases in order to use the Site. While you cannot prevent In-App Purchases from being offered within the Site, you can switch off or manage your ability to complete In-App Purchases by changing the settings of the device on which you use the Site. You acknowledge and agree that you are fully responsible for managing your In-App Purchases. By completing the In-App Purchase, you are confirming to us that you have any and all permissions that may be necessary in order to allow you to make that In-App Purchase. You can find more information about how to switch off and/or manage the In-App Purchases of your device (a) in the terms and conditions/ end-user license agreement (“EULA”) of Google Play, Apple App Store or Amazon Appstore (each an “App Store Provider”), as appropriate; or (b) in your device’s help settings.You understand that: (i) el3ment has no obligation to itemize its costs, profits or margins when publishing prices for In-App Purchases; (iii) el3ment may change such prices at any time, at our sole discretion; and (iv) el3ment reserves the right to change such prices at any time to correct errors or to comply with applicable laws.If you make any In-App Purchases, that In-App Purchase cannot be cancelled after you have initiated its download. If you make any In-App Purchases in the Site, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply. You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Site and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases, including subscriptions, then you need to contact the App Store Provider directly.
App Store Providers
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Site through specific devices:
Apple
By downloading the Site from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:These Terms are between el3ment and you; Apple is not a party to these Terms.The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Site on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.Apple is not responsible for the Site or the content thereof and has no obligationwhatsoever to furnish any maintenance or support services with respect to the Site.In the event of any failure of the Site to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Site, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Site.Apple is not responsible for addressing any claims by you or a third party relating to theSite or your possession or use of the Site, including without limitation (a) product liability claims; (b) any claim that the Site fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.In the event of any third-party claims that the Site or your possession and use of the Siteinfringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.You represent and warrant that (a) you are not located in a country that is subject to aU.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.Apple and its subsidiaries are third party beneficiaries of these Terms and upon youracceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
Windows Phone Store
By downloading the Site from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:You may install and use one copy of the Site on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.You acknowledge that Microsoft Corporation, your phone manufacturer and networkoperator have no obligation whatsoever to furnish any maintenance and support services with respect to the Site.
Amazon Appstore
By downloading the Site from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:To the extent of any conflict between (a) the Amazon Appstore Terms of Use or suchother terms which Amazon designates as default end user license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and (b) the other terms and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with respect to your use of the Site that you download from the Amazon Appstore.Amazon does not have any responsibility or liability related to compliance or non-compliance by el3ment or you (or any other user) under these Terms or the Amazon Appstore EULA Terms.
Google Play
By downloading the Site from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:To the extent of any conflict between (a) the Google Play Terms of Services and theGoogle Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Site that you download from Google Play; andYou hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by el3ment or you (or any other user) under these Terms or the Google Play Terms.
Loyalty Reward Program
Users may receive reward points (“Points”) by referring others to use the Site. Earned Points are converted into promotional redemption rewards (“Rewards”) that may be used to make In-App Purchases. Points and Rewards will not expire. Points and rewards have no cash value and are not exchangeable for cash. Rewards may only be redeemed once. In the event you cancel an In-App purchase, the Rewards used to make that In-App Purchase shall be forfeited. No fees, such as monthly fees or inactivity fees, will be assessed on Points or Rewards.el3ment may, at any time and without notice, change the points earning and redemptions procedures and offerings, including the conversion rate between Points and Rewards. Neither Points or Rewards may be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Points or Rewards. If you have any questions regarding Points and/or Rewards, please contact us at the toll-free telephone number set forth at the end of these Terms.
Links to Third Party Sites
The Site may contain links to third-party websites or online services. Please understand that those third-party websites and online services may have different terms of use and privacy policies, and that el3ment does not control and is not responsible for the content of such websites or online services, or the privacy practices of such third parties. The information collected by such third-party websites is not covered by the Privacy Policy.
Security and RestrictionsYou are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
- Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site;
- or Otherwise attempt to interfere with the proper working of the Site.
Disclaimer and Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY EL3MENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EL3MENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL EL3MENT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR ANY SERVICES PURCHASED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY PRODUCTS PURCHASED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.
Any claims arising in connection with your use of the Site or any services purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.
Indemnification
You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
Independent Arbitration Agreement
In consideration of and as a condition of your use of the Site, you and el3ment (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):Applicability; Exclusions;
Court and Jury Trial Waiver
The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to these Terms; relating to the relationship between the parties; arising under any federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against el3ment but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures;
Arbitrator to Decide All Issues;
Arbitrator’s Decisions Are Final and BindingEither party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https:// www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.Selection and Authority of Arbitrator; Full Remedies Available; Enforceability
The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this ArbitrationAgreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver;
No Consolidated or Joint Actions
The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.Fees, AwardThe parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, el3ment will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, el3ment shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.MiscellaneousThese Terms shall be governed by the laws of California, and you agree to submit to the exclusive jurisdiction of the courts of Los Angeles County, California, USA in respect of any disputes arising under or in connection with these Terms.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account, block your access to the Site and block IP addresses.If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
How to Contact UsIf you have any questions, comments or notices regarding these Terms, please contact us by:
Mail2489 Sawtelle Blvd #203 Los Angeles CA 90064
E-mail info@el3mentapp.com el3ment Community Guidelines
Overview
el3ment is a global music community, a shared space for music creators to discover and connect with one another. While we understand that there will be others who see value in our community, we want to stay rooted in who we serve. That being said, if you are not a music creator, this platform is not for you (at this point in time).As a diverse and collaborative community, we insist that interactions and dialogue that take place on our platform be respectful. Please see below for more information on rules and guidelines regarding your usage of the el3ment platform. Let’s all do our part in creating a safe and respectful community!
Music
Music is the heartbeat of el3ment. We invite creators to share their work with others and build relationships through music. As a creator on our platform, you must abide by the following rules:
Copyright and ownership:
By uploading samples of your work to your profile, you are acknowledging that you have proper rights/permissions to display the media as your own, or signify your contribution to the piece.Including the role you played in any sample uploaded to your profile helps us verify that you contributed to that work.Anyone uploading another person’s work without the necessary permissions is liable to have that content removed and/or their account terminated.
Tagging:
tagging collaborators allows us to showcase the power of collaboration, and enables discoverability for creators. Do not tag a user as a collaborator if they have not contributed to that work.If a user denies to be showcased as a collaborator, respect their desire to remain anonymous.
Impersonation or misleading information
We are building our community upon an ethos of trust, authenticity, and transparency. By signing up to join, we are trusting that you are who you claim to be, and that you have the proper rights and permissions to any content uploaded.
Users must not present as anyone other than themselves on our platform. If we discover that any users have published false or misleading information, that can result in account suspension or termination.Stage names are welcome, but impersonating someone else is strictly prohibited and will result in account termination without written warning.
Communication
Our platform allows users to communicate with others, without language barriers. Please keep the following guidelines in mind when engaging with others:Keep conversation respectful. As a global platform, our community hosts users from all over the world, with different cultural backgrounds and expectations.We absolutely do not tolerate any communication involving harmful, abusive, derogatory, violent, or otherwise offensive language. Violation of this rule will result in account suspension or termination.Absolutely no hate speech will be tolerated. Your account will be terminated.We absolutely do not tolerate harassment in any sort on our platform. Harassment is understood as the unwanted, continued pursuit of contact with an individual who has indicated they do not wish to be in contact with another. If a user declines to communicate with you, respect their wishes.
Do not include any overtly sexual or pornographic content in communication. This platform is built for music and music alone.
Do not share any personal information exchanged via chat to any external source. Any information gained through private conversations or channels should never be shared.
Enforcement
If you have reason to believe that another user has violated any of our community guidelines, please contact an el3ment team member directly. We lean on our community members to hold each other accountable.
If you are reported and found in violation of these guidelines, you will receive a written warning via the el3ment app or email.In extreme instances, your account may be suspended while we investigate.If you believe you have been reported in error, we will work with you to figure out what occurred and the best course of action.Users that repeatedly violate our community guidelines after receiving a warning will have their accounts terminated.
We investigate each reported violation on a case-by-case basis.
For further information or questions regarding our guidelines, please contact support@el3mentapp.com
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