Terms

These terms govern access to and use of unheard.online and any service reached through it, including the roster, the catalogue, accounts and the submission channel (together, "the site"). The site is operated by unheard. ("unheard.", "we", "us"), an independent record label with desks in Vilnius, Lithuania; Sittard, Netherlands; and Dallas, Texas, United States.

By accessing or using the site you agree to be bound by these terms. If you do not agree to them, do not use the site.

These terms do not constitute a recording, distribution, publishing or management agreement, and nothing on the site is an offer to enter into one. Any agreement between the label and an artist is negotiated separately and executed in writing.

unheard. is a record label. Through this site it publishes its roster and catalogue, operates an account system, and accepts material for review.

The label's wider activity — music distribution and promotion, artist representation, digital content delivery, and the review of submitted material — is carried out under separate agreement and is not granted to you by these terms.

The site is provided on an "as available" basis. We may change, suspend, restrict, withdraw or discontinue the site or any part of it at any time and without notice.

The site is not intended for children under 13, and you may not register an account or file a submission if you are under 13.

If you are under the age of majority where you live, you may use the site only with the involvement of a parent or guardian who accepts these terms on your behalf.

If you use the site on behalf of a company, band, partnership or other body, you confirm that you are authorised to bind it to these terms, and "you" means both you and that body.

An account exists to link submissions to a contact address so their status can be read back. It confers no other right or entitlement.

You agree to:

• provide accurate and complete information when registering;
• keep that information up to date;
• maintain the security of your password and not share your credentials; and
• accept responsibility for all activity carried out under your account.

Tell us promptly at [email protected] if you believe your account has been accessed without your authority.

You may close your account at any time by writing to [email protected].

Subject to these terms we grant you a personal, revocable, non-exclusive, non-transferable licence to view the site for your own non-commercial use. No other right is granted.

That licence ends automatically if you breach these terms.

Sound recordings, musical works, artwork, photographs, artist names, logos and catalogue numbers presented on the site are owned by unheard., by its artists or by their respective owners, and are protected by copyright, trade mark and related rights.

The design, layout, copy, typography, code and structure of the site are owned by unheard. or licensed to it. The brand typeface is licensed to unheard. and is not sublicensed to you.

You may not:

• use our trade marks or those of our artists without written permission;
• copy, modify, adapt, translate, distribute, publicly perform or broadcast our content without authorisation;
• reverse engineer, decompile or disassemble any part of the site;
• scrape or data-mine the site, or use it to train a machine learning model; or
• remove, obscure or alter any copyright, trade mark or other proprietary notice.

You may link to the site provided the link is fair, does not damage our reputation or take advantage of it, and does not suggest an association or endorsement that does not exist. We may withdraw linking permission at any time.

This clause is important. Read it before filing anything.

We accept unsolicited material through the submission form. Filing requires a registered account: the contact address is taken from that account rather than entered, so every submission can be answered and its status read back by the person who sent it. Where an industry recommendation exists it will assist review, but it is not a precondition.

By filing a submission you confirm that:

• you own or control all rights in the material you link to, or you are authorised by every rights holder to submit it;
• the material does not infringe the copyright, trade mark, privacy, publicity or other rights of any person;
• all contributors have consented to the submission and to being identified in it;
• the material contains no unlicensed sample, interpolation or third-party recording; and
• the details you supply about yourself and the material are accurate.

You acknowledge and agree that:

• the submission is not made in confidence and creates no confidential or fiduciary relationship between us, whether or not it is marked confidential;
• we are under no obligation to review, respond to, sign, release, return or destroy any submission;
• we may already be developing, or may in future independently develop, material that is similar or identical to yours, and you relinquish any claim arising from that;
• we owe you no payment, credit or other consideration in respect of a submission; and
• we may retain a record of the submission for the periods set out in the privacy policy.

You grant us a non-exclusive, royalty-free, worldwide licence to access, play, store and internally circulate the linked material for the sole purpose of assessing it. That licence is limited to assessment. It grants no right to release, distribute, exploit or publish the material, and it ends when assessment concludes, save for our retained record of the submission itself.

Do not send physical media. Unsolicited physical material is not accepted, will not be reviewed and will not be returned.

You remain the owner of your material at all times. Nothing in this clause transfers ownership.

You agree not to, and not to assist or enable anyone else to:

• use the site in breach of any law, or for any unlawful or fraudulent purpose;
• file a submission you have no right to file, or impersonate any person or misrepresent your affiliation with them;
• upload or link to material that is defamatory, obscene, abusive, harassing, hateful or that promotes violence or discrimination;
• introduce any virus, worm, logic bomb or other material that is malicious or technologically harmful;
• attempt to gain unauthorised access to the site, the server on which it is stored, or any server, computer or database connected to it;
• attack the site by way of a denial-of-service attack or any equivalent;
• use any robot, spider, scraper or automated means to access, monitor or copy the site, or to circumvent any measure used to restrict access; or
• collect or harvest personal data from the site.

A breach of this clause may be a criminal offence. Where we consider a breach has occurred we may disclose your identity and details to law enforcement or to any affected rights holder.

Listening links direct to Spotify, Apple Music, YouTube and Amazon Music. Those services are operated independently of unheard. and are governed by their own terms and privacy policies, which you should read.

Typefaces used on the site are served in part by Google Fonts. See the privacy policy for what that involves.

We do not control third-party services and are not responsible for their content, availability, accuracy or practices. A link is not an endorsement.

We respond to notices of claimed infringement in accordance with the Digital Millennium Copyright Act and equivalent law. Repeat infringers will have their accounts terminated. Knowingly false claims may result in suspension and may carry liability for damages.

A takedown notice must include:

• the physical or electronic signature of the copyright owner or an agent authorised to act for them;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material claimed to be infringing, with enough detail for us to locate it, including its URL;
• your name, postal address, telephone number and email address;
• a statement that you believe in good faith that the use is not authorised by the rights holder, its agent or the law; and
• a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorised to act on behalf of the rights holder.

Send notices to [email protected] with the subject line "Copyright complaint".

The site and its content are provided "as is" and "as available". To the fullest extent permitted by law we exclude all representations, warranties and conditions, whether express or implied, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy or non-infringement.

We do not warrant that the site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components.

Catalogue metadata — dates, durations, credits and track listings — is published in good faith and drawn from the label's own records and from the release entries of the streaming services. We do not warrant that it is complete or free from error. Report a correction to [email protected].

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

Subject to the preceding clause, and to the maximum extent permitted by law, unheard. shall not be liable for:

• any indirect, incidental, special, consequential or punitive damages;
• lost profits, revenue, business, goodwill, opportunity or anticipated savings;
• loss, corruption or unauthorised disclosure of data; or
• service interruptions, failures or unavailability.

This applies however the liability arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise, and whether or not we were advised of the possibility of the loss.

You use the site at your own discretion and risk, and are solely responsible for any damage to your device or loss of data resulting from that use.

You agree to indemnify and hold harmless unheard., its officers, employees, contractors and artists against any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or in connection with:

• your use of the site;
• your breach of these terms;
• any submission you file, including any claim that it infringes the rights of a third party; or
• your breach of any law or of the rights of any person.

We reserve the right to:

• terminate or suspend your account without notice;
• restrict access to any or all of the site;
• remove any content at our discretion; and
• modify or discontinue the site without liability.

Clauses that by their nature are intended to survive termination — including Intellectual property, Submissions, Disclaimers, Limitation of liability, Indemnity and Disputes — continue in force after your access ends.

Any dispute arising out of or in connection with these terms shall be resolved through binding arbitration conducted by JAMS under its Comprehensive Arbitration Rules.

The following apply to that arbitration:

• it will be conducted in Lithuania or in Texas, United States;
• the arbitrator's decision is final and binding;
• you waive any right to participate in a class action or class-wide arbitration; and
• claims that may be heard in a small claims court are exempt from arbitration.

If you are a consumer resident in the European Union, you keep the benefit of any mandatory protection given to you by the law of your country of residence, and nothing in this clause deprives you of the right to bring proceedings in the courts of that country.

These terms are governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

We may revise these terms at any time. The revision date is shown at the head of this document, and the version published here is always the current one.

Revisions take effect when published. Continued use of the site after publication constitutes acceptance of the revised terms. Where a revision is material we will take reasonable steps to bring it to the attention of registered account holders.

If any provision of these terms is held to be invalid or unenforceable, it will be severed and the remaining provisions will continue in full force.

A delay or failure to enforce any provision is not a waiver of it, and no waiver of any breach is a waiver of any subsequent breach.

You may not assign or transfer your rights under these terms. We may assign ours to any successor to our business.

These terms, together with the privacy policy, constitute the entire agreement between us in relation to the site and supersede any prior understanding.

Nothing in these terms creates any partnership, agency, employment or joint venture between us, and no third party has any right to enforce them.

All correspondence, including legal notices, copyright complaints and questions about these terms: [email protected].

Desks: Vilnius, Lithuania · Sittard, Netherlands · Dallas, Texas, United States.