WBMB Terms Of Services
Agreement between User and www.webuildmusicbrands.com
Welcome to www.webuildmusicbrands.com. The www.webuildmusicbrands.com website (the "Site") is comprised of various web pages operated by We Build Music Brands ("WBMB"). www.webuildmusicbrands.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.webuildmusicbrands.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.webuildmusicbrands.com is an E-Commerce Site.
Music Brands Development, Website Development, Music Consulting Service, Public Relation Services, WBMB Subscription, Merchandise Brand Development, Digital Advertising, Marketing And Promotions Campaigns
Privacy
Your use of www.webuildmusicbrands.com is subject to WBMB's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.webuildmusicbrands.com or sending emails to WBMB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WBMB is not responsible for third party access to your account that results from theft or misappropriation of your account. WBMB and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
WBMB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.webuildmusicbrands.com only with permission of a parent or guardian.
Cancellation/Refund Policy
No Refunds. All sales are final on all Music Brand Website Packages, and the company ( We Build Music Brands) does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. You may cancel your WBMB subscription at any time, any cancellations made after 14 days of service will not qualify for a refund. Please contact us at webuildmusicbrands@gmail.com
Links to Third Party Sites/Third Party Services
www.webuildmusicbrands.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of WBMB and WBMB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WBMB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WBMB of the site or any association with its operators.
Certain services made available via www.webuildmusicbrands.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.webuildmusicbrands.com domain, you hereby acknowledge and consent that WBMB may share such information and data with any third party with whom WBMB has a contractual relationship to provide the requested product, service or functionality on behalf of www.webuildmusicbrands.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.webuildmusicbrands.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to WBMB that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of WBMB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. WBMB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WBMB and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WBMB or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
WBMB has no obligation to monitor the Communication Services. However, WBMB reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WBMB reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
WBMB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WBMB's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WBMB does not control or endorse the content, messages or information found in any Communication Service and, therefore, WBMB specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WBMB spokespersons, and their views do not necessarily reflect those of WBMB.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.webuildmusicbrands.com or Posted on Any WBMB Web Page
WBMB does not claim ownership of the materials you provide to www.webuildmusicbrands.com (including feedback and suggestions) or post, upload, input or submit to any WBMB Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WBMB, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. WBMB is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WBMB's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your WBMB account to third party accounts. By connecting your WBMB account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by WBMB from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the WBMB Content accessed through www.webuildmusicbrands.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless WBMB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WBMB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WBMB in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE BUILD MUSIC BRANDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WE BUILD MUSIC BRANDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE BUILD MUSIC BRANDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BUILD MUSIC BRANDS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE BUILD MUSIC BRANDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
WBMB reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WBMB as a result of this agreement or use of the Site. WBMB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WBMB's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by WBMB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WBMB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WBMB with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
WBMB reserves the right, in its sole discretion, to change the Terms under which www.webuildmusicbrands.com is offered. The most current version of the Terms will supersede all previous versions. WBMB encourages you to periodically review the Terms to stay informed of our updates.
WBMB Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to www.webuildmusicbrands.com, and We Build Music Brands and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to We Build Music Brands include www.webuildmusicbrands.com and WBMB. The WBMB website is a Music Brand Website Development E-commerce site. By using the WBMB website, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered, WBMB may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
If you purchase WBMB's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
WBMB may also collect anonymous demographic information, which is not unique to you, such as your:
- Age
- Gender
- Race
- Religion
- Political Affiliation
- Household Income
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through WBMB's public message boards, this information may be collected and used by others.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
WBMB collects and uses your personal information to operate and deliver the services you have requested.
WBMB may also use your personally identifiable information to inform you of other products or services available from WBMB and its affiliates.
Sharing Information with Third Parties
WBMB does not sell, rent or lease its customer lists to third parties.
WBMB may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. WBMB may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to WBMB, and they are required to maintain the confidentiality of your information.
WBMB may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on WBMB or the site; (b) protect and defend the rights or property of WBMB; and/or (c) act under exigent circumstances to protect the personal safety of users of WBMB, or the public.
Opt-Out of Disclosure of Personal Information to Third Parties
In connection with any personal information we may disclose to a third party for a business purpose, you have the right to know:
• The categories of personal information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the disclosure of your personal information. If you exercise your right to opt-out of the disclosure of your personal information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information. To opt-out of the disclosure of your personal information, visit this Web page _________________.
Tracking User Behavior
WBMB may keep track of the websites and pages our users visit within WBMB, in order to determine what WBMB services are the most popular. This data is used to deliver customized content and advertising within WBMB to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by WBMB. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the WBMB website.
Use of Cookies
The WBMB website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize WBMB pages, or register with WBMB site or services, a cookie helps WBMB to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same WBMB website, the information you previously provided can be retrieved, so you can easily use the WBMB features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the WBMB services or websites you visit.
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
WBMB secures your personal information from unauthorized access, use, or disclosure. WBMB uses the following methods for this purpose:
- SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
WBMB does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe from Third Party Communications
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of WBMB by contacting us here:
- Email: webuildmusicbrands@gmail.com
E-mail Communications
From time to time, WBMB may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from WBMB or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from WBMB, you may opt out of such communications by Clicking on the UNSUBCRIBE button.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
WBMB reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
WBMB welcomes your questions or comments regarding this Statement of Privacy. If you believe that WBMB has not adhered to this Statement, please contact WBMB at: Email Address: webuildmusicbrands@gmail.com
Web Development Agreement
This Web Development Agreement (this "Agreement") is made effective as of the purchased date, by and between WBMB Subcription Holder (the "Client"), of www.webuildmusicbrands.com, and We Build Music Brands (the "Web
Developer"), of www.webuildmusicbrands.com. In this Agreement, the Client shall be referred to as "WBMB Subcription Holder WBMB Subscriber", and the Web Developer shall be referred to as "WBMB". WHEREAS,
WBMB possesses technical expertise in the field of computer programming and, in particular, the creation and development of website technology; and WHEREAS, WBMB Subcription Holder WBMB Subscriber desires to engage WBMB, and WBMB accepts the engagement, to design a World Wide Web site (the "Web Design Project") in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, WBMB Subcription Holder WBMB Subscriber and WBMB agree as follows:
RETENTION OF DEVELOPER. WBMB Subcription Holder WBMB Subscriber hereby retains the services of WBMB for the Web Design Project to be published on WBMB Subcription Holder WBMB Subscriber's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer (Hosting Service), or provided on disk at WBMB Subcription Holder WBMB Subscriber's option.
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DESCRIPTION OF SERVICES. Beginning on date of purchase, WBMB will provide the following services connected with the development of the Website (collectively, the "Services"): Custom Music Brand Or Basic Designed Website
Up To 9 Sections Designed + Core Features And Complete E-Commerce Setup
Home
About
Music
Photo
Video
Blog
Store
Event
Contact
ONLY CUSTOM DESIGNED MUSIC BRANDS PACKAGES Includes (up to 2 Music Content Ads Developement, Facebook/Instagram Ads Content Development,up to 4 Merchandise/ Product Mock Ups, & 1 Brand Video Commercial. PAYMENT FOR SERVICES. In consideration of the services to be performed by WBMB, WBMB Subcription Holder WBMB Subscriber agrees to compensate WBMB for the services rendered as follows: WBMB's fees for the services specified in Description of Services, above, will be charged when music brand package is purchase.
Any additional services not specified in Description of Services, above, will be charged to WBMB Subcription Holder WBMB Subscriber on an hourly rate basis at WBMB's standard rate of $150.00 per hour. WBMB Subcription Holder (WBMB Subscriber) will be required to pay WBMB within 7 days of receivingthe bill. WBMB Subcription Holder (WBMB Subscriber) will pay WBMB's costs and expenses monthly.
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WEB HOSTING. WBMB Subcription Holder (WBMB Subscriber) understands and agrees that any web hosting services will be included in WBMB monthly subscriptions
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TERM/TERMINATION. This Agreement shall terminate according to the following arrangement: This agreement will end when the client purchases the full ownership of the website designed and domain
name from We Build Music Brands.
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RELATIONSHIP OF PARTIES. It is understood by the parties that WBMB is an independent contractor with respect to WBMB Subcription Holder WBMB Subscriber, and not an employee of WBMB Subcription Holder WBMB Subscriber. WBMB Subcription Holder WBMB Subscriber will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of WBMB.
LAWS AFFECTING ELECTRONIC COMMERCE. WBMB Subcription Holder WBMB Subscriber agrees that WBMB Subcription Holder (WBMB Subscriber) is solely responsible for complying with laws,taxes, and tariffs that governments enact and fix from time to time in connection with Internet electroniccommerce, and shall indemnify, hold harmless, protect, and defend WBMB and its subcontractors from any cost, claim, suit, penalty, or tariff, including attorneys' fees, costs, and expenses, arising from WBMB Subcription Holder WBMB Subscriber's exercise of Internet electronic commerce.
EMPLOYEES. WBMB's employees, if any, who perform services for WBMB Subcription Holder WBMB Subscriber under this Agreement shall also be bound by the provisions of this Agreement. At the request of WBMB Subcription Holder WBMB Subscriber, WBMB shall provide adequate evidence that such persons
are WBMB's employees.
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ASSIGNMENT. WBMB's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of WBMB Subcription Holder WBMB Subscriber.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no
other promises or conditions in any other agreement whether oral or written.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
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AMENDMENT. No amendment, waiver, or discharge of any provision of this Agreement shall be effective against WBMB Subcription Holder WBMB Subscriber or WBMB without the written consent of both WBMB Subcription Holder WBMB Subscriber and WBMB.
NOTICES. Any notice required to be given pursuant to this Agreement shall be in writing and mailed by
certified or registered mail, to the addresses mentioned above.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Georgia.
WBMB Copyright License Agreement
This Copyright License Agreement (this "Agreement") is made effective as of The purchase of music brand website packages, between WE BUILD MUSIC BRANDS, of and WBMB Subscriber, of WBMB Subscription Holder
In the Agreement, the party who is granting the right to use the licensed property will be referred to as "WBMB", and the party who is receiving the right to use the licensed property will be referred to as "WBMB Subcriber".
The parties agree as follows:
GRANT OF LICENSE. WBMB owns WBMB MUSIC BRANDS WEBSITE CONTENT AND DOMAIN NAME "LICENSED PROPERTY" ("WBMB MUSIC BRAND WEBSITE "LICENSED PROPERTY""). In accordance with this Agreement, WBMB grants WBMB Subcriber an exclusive license to use the WBMB MUSIC BRAND WEBSITE "LICENSED PROPERTY". WBMB retains title and ownership of the WBMB MUSIC BRAND WEBSITE "LICENSED PROPERTY". WBMB Subcriber will own all rights to materials, products or other works (the Work) created by WBMB Subcriber in connection with this license.
RIGHTS AND OBLIGATIONS. WBMB Subcriber shall be solely responsible for providing all funding and technical expertise for the development and marketing of the Work in which the licensed property is used. WBMB Subcriber shall be the sole owner of the Work and all proprietary rights in and to the Work; except, such ownership shall not include ownership of the copyright in and to the WBMB MUSIC BRAND WEBSITE "LICENSED PROPERTY" or any other rights to the WBMB MUSIC BRAND WEBSITE "LICENSED PROPERTY" not specifically granted in this Agreement.
MODIFICATIONS. Unless the prior written approval of WBMB is obtained, WBMB Subcriber may not modify or change the WBMB MUSIC BRAND WEBSITE "LICENSED PROPERTY" in any manner. Licensee shall not use Licensed property for any purpose that is unlawful or prohibited by these Terms of the Agreement.
DEFAULTS. If WBMB Subcriber fails to abide by the obligations of this Agreement, including the obligation to make a royalty payment when due, WBMB shall have the option to cancel this Agreement by providing 30 days written notice to WBMB Subcriber. WBMB Subcriber shall have the option of preventing the termination of this Agreement by taking corrective action that cures the default, if such corrective action is taken prior to the end of the time period stated in the previous sentence, and if there are no other defaults during such time period.
ARBITRATION. All disputes under this Agreement that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award rendered by the arbitrator shall be final and binding on the parties and may be enforced by a court of law.
WARRANTIES. Neither party makes any warranties with respect to the use, sale or other transfer of the WBMB MUSIC BRAND WEBSITE "LICENSED PROPERTY" by the other party or by any third party, and WBMB Subcriber accepts the product "AS IS."
TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties. Neither party shall have the right to assign its interests in this Agreement to any other party, unless the prior written consent of the other party is obtained.
INDEMNIFICATION. Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the sole right to defend such claims at its own expense. The other party shall provide, at the indemnifying party's expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request. This indemnity shall survive the termination of this Agreement.
TERMINATION. This Agreement shall terminate automatically on if WBMB Subcription is cancel due to non-payment.
Upon termination or expiration of this Agreement, Licensee shall cease reproducing, advertising, marketing and distributing the Work as soon as is commercially feasible. Notwithstanding the foregoing, Licensee shall have the right to fill existing orders and to sell off existing copies of the Work then in stock. Copyright Owner shall have the right to verify the existence and validity of the existing orders and existing copies of the Work then in stock upon reasonable notice to Licensee.
Termination or expiration of this Agreement shall not extinguish any of Licensee's or Copyright Owner's obligations under this Agreement including, but not limited to, the obligation to pay royalties which by their terms continue after the date of termination or expiration.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
NOTICE. The address of each party hereto as set forth in the beginning of this Agreement shall be the appropriate address for the mailing of notices, checks and statements, if any. All notices shall be sent certified or registered mail and shall not be deemed received or effective unless and until actually received. Either party may change their mailing address by written notice to the other.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of N/A.
SIGNATORIES. This Agreement shall be signed on behalf of WBMB by WE BUILD MUSIC BRANDS, President and on behalf of WBMB Subcriber by WBMB Subcriber, Member and effective as of the date first above written.
Copyright Owner:
WE BUILD MUSIC BRANDS
Licensee:
WBMB Subscription Holder
WBMB SUBSCRIPTION AGREEMENT
This SUBSCRIPTION AGREEMENT (the "Agreement") is made and entered into this date of purchased (the "Effective Date") by and between We Build Music Brands, located at www.webuildmusicbrands.com (the "Company")
and WBMB Subscription Holder, located at www.webuildmusicbrands.com (the "Subscriber").
RECITALS
WHEREAS the Subscriber wishes to subscribe for 0 shares (the "Shares") of the capital stock of We Build Music Brands at the subscription price of $0.00 Dollars per share.
WHEREAS the Subscriber hereby acknowledges that the Company is relying upon the accuracy and completeness of the representations in this Agreement in complying with its obligations under applicable federal and state securities laws.
WHEREAS it is the intention of the parties to the Agreement that this subscription will be made pursuant to appropriate exemptions (the "Exemption") from the registration and prospectus or equivalent requirements of all rules, policies, notices, orders, and legislation of any kind (collectively the "Securities Rules") of all jurisdictions applicable to this subscription;
NOW THEREFORE, for the reasons set forth above, and in consideration of the foregoing and of the mutual promises and covenants of the Company and Subscriber contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Company and the Subscriber agree as follows:
I. REPRESENTATIONS AND WARRANTIES
The Subscriber represents and warrants to the Company, and acknowledges that the Company is relying on these representations and warranties to, among other things, ensure that it is complying with all of the applicable Securities Rules, that:
i. The Subscriber is aware of the degree of risk associated with the purchase of the Shares of the Company;
ii. The Subscriber is fully aware and understands that at any time the Company may operate at a loss rather than a profit, and may do so for an unforeseeable amount of time;
iii. The Subscriber has the financial means to meet all of the obligations contemplated herein;
iv. The Subscriber has read and fully understands the terms, conditions and effect of this Agreement, and all other documents in connection therewith;
v. The Subscriber hereby confirms that he/she has reviewed or had the opportunity to review, all documents, records, and books pertaining to the investment in the Company;
vi. The Subscriber is at least twenty-one (21) years of age;
vii. The Subscriber is an "accredited investor" as the term is defined in the Securities Act of 1933, as amended (the "Act") and any relevant state statute or regulation, or is otherwise a sophisticated, knowledgeable investor (either alone or with the aid of a purchaser representative) with adequate net worth and income for this investment;
viii. The Subscriber has in depth knowledge and experience in financial and business matters pertaining to the subject matter contained in this Agreement and is capable of evaluation the risks of any investment in the Company;
ix. The offer to sell Shares was communicated to the Subscriber by the Company in such a manner that the Subscriber was able to ask questions of and receive answers from the Company concerning the terms and conditions of this transaction and that at no time was Subscriber presented with or solicited by any brochure, public promotional meeting, newspaper or magazine article, radio or television advertisement or any other form of advertising or general solicitation;
x. The Subscriber has determined that the purchase of the Shares is a suitable investment;
xi. The Shares for which the Subscriber hereby subscribes are being acquired solely for the Subscribers own account, for investment purposes; and the Subscriber agrees that he/she will not sell or otherwise transfer the Shares unless the Shares are registered under the Act and qualified under applicable state securities laws or unless, in the opinion of the Company, and exemption from the registration requirements of the Act and such law is available;
xii. The Subscriber has been advised to consult with the Subscribers own attorney regarding legal matters concerning an investment in the Company and has done so to the extent the Subscriber deems necessary.
II. INDEMNIFICATION
The Subscriber hereby agrees to indemnify and hold harmless the Company and any of its officers, directors, shareholders, employees, agents or affiliates (collectively the "Indemnified Parties" and individually an "Indemnified Party") who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, against losses, liabilities and expenses of each Indemnified Party (including attorneys' fees, judgments, fines and amounts paid in settlement, payable as incurred) incurred by such person or entity in connection with such action, arbitration, suit or proceeding, by reason of or arising from (i) any misrepresentation or misstatement of facts or omission to represent or state facts made by the Subscriber, including, without limitation, the information in this Agreement, or (ii) litigation or other proceeding brought by the Subscriber against one or more Indemnified Party in which the Indemnified Party is the prevailing party.
III. REVOCATION OF OFFER
The Subscriber agrees that the Company may cancel, terminate or revoke the offer to subscribe for shares or any agreement hereunder for a period of 365 days. After 365 days the Agreement will be deemed null and void.
IV. SHARE CERTIFICATES
i. The certificates representing the Shares shall unless otherwise permitted by the provisions of Articles (ii) and (iii) in this Section, contain a legend substantially in the following form:
"THE SHARES REPRESENTED BY THIS CERTIFICATE HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. SUCH SHARES MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS THE COMPANY RECEIVES AN OPINION OF COUNSEL OR OTHER EVIDENCE REASONABLY ACCEPTABLE TO IT STATING THAT SUCH SALE OR TRANSFER IS EXEMPT FROM THE REGISTRATION AND PROSPECTUS DELIVERY REQUIREMENTS OF SAID ACT"
ii. The Subscriber hereby agrees to comply in all respects with the provisions of this Section. Prior to any proposed sale, assignment, transfer or pledge of any Shares, the Subscriber agrees that it shall provide written notice to the Company of the Subscriber's intent of such transfer, sale, assignment or pledge.
iii. Each notice shall provide detail of circumstances of the proposed transfer, sale, assignment or pledge, and shall be accompanied, at the Subscribers expense, by evidence that is satisfactory to the Company, to the effect that the proposed transfer of the Shares may be effected without registration under the Act or applicable state securities law.
V. MISCELLANEOUS
i. All notices or other communications given or made hereunder shall be in writing and shall be delivered or mailed by registered or certified mail, return receipt requested, postage prepaid, to the Company at its registered head office address and to the undersigned set forth on the signature page hereof.
ii. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia and, to the extent it involves any United States statute, in accordance with the laws of the United States.
iii. This Agreement constitutes the entire agreement between the Company and the Subscriber with respect to the subject matter hereof and supersedes any prior or contemporaneous understanding, representations, warranties or agreements, whether oral or written.
Effective as of October 31, 2021
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