Terms of Service
1. Eligibility
You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service.
2. User Responsibilities
You agree to:
- Provide accurate and complete information.
- Maintain the confidentiality of your account credentials.
- Use the Service only for lawful purposes.
You are solely responsible for the content you upload, including audio files and data.
3. Data Storage and Security
While we implement industry-standard security measures, we cannot guarantee absolute security.
You acknowledge and agree that:
- Data breaches may occur despite our efforts.
- We are not liable for unauthorized access, loss, or corruption of data unless caused by our gross negligence or willful misconduct.
4. Acceptable Use
You may not use the Service to:
- Upload or distribute illegal, harmful, or infringing content.
- Violate any laws or regulations.
- Attempt to gain unauthorized access to systems or data.
5. Intellectual Property
You retain ownership of your uploaded content. By using the Service, you grant us a limited license to store and process your content solely for the purpose of providing the Service.
5.1 Audio Processing and Transcoding
To provide optimized playback and preview functionality, Composer Catalog may transcode uploaded audio files into alternate formats (e.g., MP3, AAC). These conversions are performed automatically and are not used for analysis, training, or distribution outside the platform. Original files remain intact and accessible to the user.
6. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to us or other users.
7. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for:
- Indirect, incidental, or consequential damages.
- Loss of data, profits, or goodwill.
- Unauthorized access or use of your data.
Our total liability shall not exceed the amount you paid for the Service in the past 12 months.
8. Indemnification
You agree to indemnify and hold harmless KBL Media, its affiliates, and employees from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.
9. Changes to Terms
We may update these Terms from time to time. Continued use of the Service after changes constitutes your acceptance of the revised Terms.
10. Governing Law
These Terms are governed by the laws of New Jersey, without regard to conflict of law principles.
11. Contact
For questions or concerns, contact us at contact@kblmedia.com
12. Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.
12.2 Informal Resolution
Before filing any claim, you agree to try to resolve the dispute informally by contacting us at contact@kblmedia.com. We will attempt to resolve the dispute within 30 days of receiving your communication.
12.3 Binding Arbitration
If the dispute is not resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
12.4 No Class Actions
You agree that any arbitration or legal proceedings shall be conducted only on an individual basis and not as a class, consolidated, or representative action.
12.5 Exceptions
You or we may seek injunctive or other equitable relief in a court of competent jurisdiction for matters related to intellectual property or unauthorized access to the Service.
13. Content Ownership and Rights Declaration
By uploading content to Composer Catalog, you represent, warrant, and declare that:
- You own or control all necessary rights to the audio recordings, compositions, artwork, and branding you submit, including but not limited to master recording rights, synchronization rights, mechanical rights, and performance rights.
- You have obtained all required licenses, permissions, clearances, and releases from any co-writers, co-owners, performers, producers, or other rights holders whose work is embodied in the submitted content.
- Your uploaded content does not infringe upon any copyright, trademark, trade secret, right of publicity, right of privacy, moral right, or contractual obligation to which you are bound.
Composer Catalog does not acquire ownership of your content. You retain all underlying rights not expressly granted under these Terms.
By uploading content, you grant Composer Catalog a non-exclusive, royalty-free license to store, stream, transmit, and deliver your content solely for the purpose of playlist sharing and pitch delivery to music supervisors and other industry professionals.
Misrepresentation of rights ownership may result in immediate account termination, removal of content from the Service, and potential civil or criminal liability.
You agree to indemnify and hold harmless Composer Catalog, its officers, employees, and agents from any claims, damages, or expenses arising from your breach of these representations.
This declaration applies to all content uploaded to your account, including future uploads, for the duration of your use of the Service.
Data Processing Agreement (DPA)
This Data Processing Agreement ("Agreement") is entered into between KBL Media, LLC ("Processor") and the user or entity ("Controller") that subscribes to and uses the web-based software service ("Service"). This Agreement governs the Processor's handling of personal data on behalf of the Controller.
1. Definitions
- Personal Data: Any information relating to an identified or identifiable natural person.
- Processing: Any operation performed on Personal Data, including collection, storage, use, and deletion.
- Controller: The entity that determines the purposes and means of Processing Personal Data.
- Processor: The entity that processes Personal Data on behalf of the Controller.
2. Scope of Processing
The Processor will process Personal Data only as necessary to provide the Service, including:
- Account creation and management
- Storage of user-uploaded content (e.g., audio files, documents)
- Communication and support
- Analytics and performance monitoring
3. Data Storage and Subprocessors
- Amazon S3 is used for secure storage of user-uploaded content.
- Stripe is used for payment processing; no payment data is stored by the Processor.
- The Processor may engage additional subprocessors with prior notice to the Controller.
4. Controller Responsibilities
The Controller is responsible for:
- Ensuring that Personal Data is collected lawfully
- Providing necessary notices and obtaining consent from data subjects
- Ensuring that data subjects can exercise their rights under applicable law
5. Processor Obligations
The Processor agrees to:
- Process Personal Data only on documented instructions from the Controller
- Implement appropriate technical and organizational measures to protect Personal Data
- Assist the Controller in responding to data subject requests
- Notify the Controller of any data breach without undue delay
- Ensure that personnel authorized to process Personal Data are bound by confidentiality
6. Data Subject Rights
The Processor will assist the Controller in fulfilling requests from data subjects to:
- Access their Personal Data
- Correct inaccuracies
- Delete their data
- Object to or restrict processing
7. Data Transfers
The Processor will not transfer Personal Data outside the United States unless adequate safeguards are in place, such as Standard Contractual Clauses or other lawful mechanisms.
8. Term and Termination
This Agreement remains in effect for the duration of the Controller's subscription to the Service. Upon termination, the Processor will delete or return all Personal Data unless required to retain it by law.
9. Contact
For questions regarding this Agreement or data protection practices, contact contact@kblmedia.com
Subscription Agreement
This Subscription Agreement ("Agreement") is entered into between you ("Subscriber", "you") and KBL Media, LLC ("Company", "we", "us", or "our") and governs your subscription to our web-based software service ("Service").
By subscribing to the Service, you agree to the terms of this Agreement, our Terms of Service, and our Privacy Policy.
1. Subscription Plans and Billing
1.1 Subscription Plans
We offer various subscription plans with different features and pricing. Details of each plan are available on our website.
1.2 Billing and Payment
All payments are processed securely through Stripe, our third-party payment processor. We do not store or process any credit card or payment information directly. By subscribing, you authorize Stripe to charge your selected payment method on a recurring basis.
1.3 Billing Cycle
Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. Your billing cycle begins on the date you subscribe and renews automatically unless canceled.
2. Free Trials and Promotions
2.1 Free Trials
If offered, free trials are available to new users for a limited time. At the end of the trial, your subscription will terminate, unless you continue with a paid subscription.
2.2 Promotional Offers
We may offer promotional pricing or discounts. These are subject to change and may be limited to specific users or timeframes.
3. Renewal and Cancellation
3.1 Automatic Renewal
Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your account settings before the renewal date.
3.2 Cancellation
You may cancel your subscription at any time. Access to the Service will continue until the end of your current billing period. No refunds will be issued for partial periods.
3.3 Non-Payment
If payment fails or is declined, we may suspend or terminate your access to the Service until payment is successfully processed.
4. Refund Policy
We do not offer refunds for unused time, partial months, or downgrades. Exceptions may be made at our sole discretion in cases of billing errors or extenuating circumstances.
5. Changes to Subscription Terms
We reserve the right to modify subscription pricing, features, or terms. You will be notified in advance of any material changes. Continued use of the Service after changes constitutes your acceptance.
6. Termination
We may terminate your subscription and access to the Service for violations of this Agreement, our Terms of Service, or applicable laws.
7. Contact
If you have questions about your subscription, billing, or this Agreement, please contact us at contact@kblmedia.com