This Terms of Service (this “Agreement”, “Terms”) is between Here We Are Now Entertainment  (“we”, “us”, “System”, “Platform” or “Music Marketing Manifesto”) and the person (“you”, “User” or “Customer”) using our services (“Services” or "Service"). We provide you with access to our System that shares marketing advice and strategies. Listed below are the terms and conditions of using our System. They are necessary in order to maintain good practice and protect us and yourselves.

1.Creating an account

To enter the System you need to provide a name, email, and password and to agree to the terms and conditions listed below, Privacy Policy and our Data Processing Addendum. You will be given a unique Music Marketing Manifesto username for each of the account you create. It is your responsibility and yours only to keep and maintain the safety of your account and password. If the information given by you is untrue, wrongful or in violation of our terms, we can suspend or terminate your account. The email used for the registration of the account is considered as the owner of the account and has the right to request assistance from us regarding the account. You are solely responsible for the activities from your account, the maintenance and confidentiality of the credentials to access that account.

You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.

2. Your Content

2.1. You are responsible for any content that is in your website such as images, videos, audio files, design elements, logos, fonts, texts and more. We are not responsible for any of your content. We are also not responsible for content that has been lost because of the use of Music Marketing Manifesto, it is your obligation to keep safe and back-up regularly your content. We do not monitor what content has been used in a website and we are not to be held responsible for anyone breaking the terms and conditions, but we have the right to delete such harmful content or even terminate accounts if so.

3. Your Obligations

3.1. You certify and warrant that you are at least 16 years of age. People under the age of 16 are not permitted to use our services.

3.2. To keep your Music Marketing Manifesto account login information safe.

3.3. To provide us with up to date, accurate and valid personal information at all times.

3.4. You own the rights to any content uploaded by you on your account including images, videos, audio files, design elements, logos, fonts, texts and anything that you do have the rights to use.

3.5. The content materials can not be used in in an unlawful or harmful way.

3.6. You must notify us immediately if you become aware of any unauthorized use of your account.

3.7. Your content must not be illegal, unlawful, threatening, abusive, harassing, tortuous, vulgar or obscene in any way, must not infringe any person's legal rights.

3.8. You may not send unsolicited messages (SPAM) or any unethical advertising of such sort that is considered as “spam” or harmful in any way (e.g., “junk mail,” “spam,” “chain letters,” “pyramid schemes,” etc.;). You must comply with our anti-spam policy.

3.9. You should not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of Music Marketing Manifesto.

3.10. You may not upload content that contains scams of any kind.

3.11. You may not try to hack, break or override the functions and stability of Music Marketing Manifesto or try to exploit the System in any way.

3.12. You may not use the members area to create any scam websites and promotions with misleading content that can harm or scam visitors.

3.13. You may not use Music Marketing Manifesto for distributing, storing or, in any way, using the System for pornographic or adult content and services.

3.14. You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.

3.15. You can’t in any way try to harm the reputation of Music Marketing Manifesto and their partners by leaving harmful comments, untrue and misleading information about the product or any sort of intentional damage to the reputation of Music Marketing Manifesto.

3.16. You acknowledge and agree that If you are reasonably found guilty of violating of any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that have already been paid for. You may also be forbidden from having an account in the System.

4. What we provide and our rights

Music Marketing Manifesto attempts to provide marketing advice that is accurate and effective, but we can in no way guarantee that the strategies we suggest will work for you. By using Music Marketing Manifesto you understand that there are risks associated with the strategies we share, and you may lose money. We are not in any way to be held responsible for any loss of time and money you may experience, or any impact your marketing efforts might have on your music career and/or reputation.

We have the right to change parts or all of the services and functionalities at any given time, to remove or suspend parts or all of the services and functionalities, we have the right to suspend and terminate access of your Account to parts or all of the services and change the eligible criteria of using the Services.

5. Service Fees

• 8.1. Service fees are applicable upon signing for the paid services of Music Marketing Manifesto that can be one-off payments, monthly or yearly depending on the product you purchase.

• 8.2. You have 30 days to request a refund of any purchase made. We do NOT offer refunds for consecutive monthly fees after 30 days of membership have transpired.. 

• 8.3. If your product has a subscription fee associated with it, at the end of a contract term, the services will be automatically renewed for the same period of time until EXPLICITLY canceled by the User. Cancellation must be made via the System and at least 24 hours prior to the end of the contract period. To cancel your services or the automatic renew please do that by going to Dashboard -> Billing and select the desired option there.

• 8.4. If you purchase Music Marketing Manifesto subscription services, you agree to Music Marketing Manifesto and third party services to use and store your credit/debit card information. You authorize us to charge you for any Music Marketing Manifesto Services that you may purchase and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card nor cancel your subscription, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.

• 8.5. You are responsible for the fair usage of your website and you can be charged for abnormal server or traffic usage on our unlimited subscription plans. You will be charged for the resources used by your website.

• 8.6. Chargebacks - If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. We reserve our right to dispute any Chargeback.

6. Service Cancellation

Failure to comply with any of Music Marketing Manifesto’s terms or pay due fees you entitle Music Marketing Manifesto to cancel or suspend your account services and website. You can cancel your services at any time, no questions asked. We are not in any way held responsible for any damages and losses due to cancellation of services.

7. Termination

We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice.

You can terminate your services at any time without a cause according to the cancellation procedures.

If the Agreement terms are violated it may result in penalties or immediate termination of services without payment refund in any way.

Upon termination Music Marketing Manifestohas the right to delete all files, data or information associated with the terminated account.

8. WARRANTY AND DISCLAIMER

Music Marketing Manifesto shall use reasonable efforts to insure that the information we share is accurate. HOWEVER, MUSIC MARKETING MANIFESTO DOES NOT WARRANT THAT THE INFORMATION AND STRATEGIES WE SHARE WILL BE 100% ACCURATE OR EFFECTIVE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE STRATEGIES AND INFORMATION WE SHARE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND MUSIC MARKETING MANIFESTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

9. INDEMNITY

To the fullest extent permitted by law, you agree to indemnify and hold harmless Music Marketing Manifesto and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your e-commerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Music Marketing Manifesto may be held jointly and severally liable; (f) any loss of money or time., or impact to your music career or reputation due to the implementation of the strategies recommended by Music Marketing Manifesto. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.

10. LIMITATION OF LIABILITY

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Music Marketing Manifesto and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Music Marketing Manifesto’s services to you, and such limitations will apply even if Music Marketing Manifesto has been advised of the possibility of such liabilities.

11. Modifications

Modifications of the Service. Music Marketing Manifesto may make modifications and changes on the existing services or components and will use reasonable efforts to notify all it’s Customers about those changes. The changes are effective upon the date of the change. Music Marketing Manifesto shall not be liable for modifications and actions of third party services.

Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription (if applicable).

16. MISCELLANEOUS

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Music Marketing Manifesto’s prior written consent. Music Marketing Manifesto may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Music Marketing Manifesto in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by New Zealand laws without regard to its conflict of laws provisions.