aBreak music is a free new music and artist discovery platform based in the US – and we’re very different from what indie artists are used to. those running and associated with aBreak are some of the most experienced and connected executives anywhere in music.
aBreak58 playlist
wtf is aBreak music?
‘adds’ this week
major connections
walking the walk
coming soon
wtf is aBreak music?
why experience and connections matter
for indie artists, getting the attention of the most important gatekeepers in the music industry (the ones who can help you to break) is beyond difficult. we know them. we’ve struggled and won with them. we are in fact, one of them.
“Finding the next best artist is vital to what we do on a daily basis. I look forward to working with Bruce and Jay as they build this exciting new platform.”
Craig Kallman, Chairman/CEO, Atlantic Records
the aBreak58 playlist and radio station
launched in the spring of 2022, aBreak music already has the most influential playlist and radio station for indie artists in music.
the aBreak58 playlist is derived from music uploaded from indie artists from around the world (representing varying genres), with human a&r’s listening and determining the 58 songs being rotated on aBreak58 radio.
songs making the aBreak58 stay on the playlist and radio for a minimum of two weeks. those performing well (through fan engagement, thumbs up (likes), and/or industry response), stay on the playlist for additional weeks, or even months.
gatekeepers throughout music (top execs at major labels, influential indie labels, major radio groups, publishers, brands, etc.) are listening, with the aBreak58 playlist and radio station becoming significant tools in finding the best emerging talent.
you want to be on the aBreak58. it could change the course of your career.
founder/ceo, Bruce Tyler, and partner, Jay Stevens are putting together one of the best teams in music – a team that will grow throughout 2023. you’ll want to be paying attention to all that’s coming soon.
register and send us your latest (you keep 100% of your copyrights.) if you don’t make the next playlist, there will be adds and drops to the aBreak58 every other week, thus your chances continue on and on.
we know how hard it is to catch a break in this business – to truly get noticed. that’s why we (proven, major music industry execs with unmatched experience and connections) are here.
register & upload your music
to give yourself a chance – it’s free.
this is the aBreak58 playlist, featuring the top 58 songs from independent artists representing multiple genres being rotated on our groundbreaking radio station.
wtf is aBreak music?
aBreak music is a free new music and artist discovery platform based in the US – and we’re very different from what you’re used to. the people running and associated with aBreak are some of the most experienced and connected executives in music...
major connections
we believe the major record label community is in the business of developing and making stars like no one else in music - and you should too...
we’re just getting started (you have no idea)
we’re 100% free - u keep your copyrights
see why we’ve walked the walk
see who we’re connected with
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Terms & Conditions
Privacy Policy
Our Commitment to Your Privacy
Welcome to aBreak Music, a website, app or service (collectively the “Services”) operated by aBreak Music, LLC (“aBreak”, “our”, “us” or “we”). We respect and protect the privacy of our users. This Privacy Policy explains how we collect and use your personal information and is part of our Terms of Use when you use our Service.
Your Consent
By using our Service, you consent to our Privacy Policy. If you don’t agree, please don’t use our Service.
Information We Collect
The types of information that we may collect includes, but is not limited to, the following categories listed below.
- Contact Information, such as your name, email address, phone number, physical address and country for instance when you register to use our Service;
- Demographic information, such as your gender, age and date of birth, for example, to tailor our Services to you, for age verification and to make our communications to you more relevant; and
- Other registration information, such as your artist name, profile image, social media handles and biography you may include in your profile.
We may receive this information when it is provided directly to us (including through interaction with our services), our business partners, and in some cases, certain service providers we work with. We may also obtain information from other sources for example, we may collect information about you from third parties, including but not limited to identity verification services and publicly available sources. We may combine information that we receive from the various sources described above for the purposes identified in this Privacy Policy.
Information We Collect Automatically
When you access or use our Services, we may automatically collect information about you, including:
- Device or Log information (such as mobile phone, computer, or tablet) and how you interact with our products, services, apps and websites, such as IP address, browser type, unique device identifier, cookie data, and associated identifying and usage information.
- Geolocation information may be collected if you allow us access to your location through your device permissions, to provide our Services to you. We may also collect and store information about your location by converting your IP address into a rough geo-location. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.
- Browser type, operating system and other usage information about the use of our website and applications, including a history of which pages within our website you view.
Cookies and Tracking Technologies
Like most online services and mobile applications, we may use cookies and other technologies, such as web beacons, pixels, web storage, and unique identifiers, to collect information about your activity, browser, and device. We may also use these technologies to collect information when you interact with Services we offer through one of our partners, such as advertising and commerce features. For example, we may use information collected on other websites to show you more relevant ads. Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our services.
Do-Not-Track
Your browser or device may include “Do-Not-Track” settings or functionality. Currently, our systems do not recognize browser “Do-Not-Track” requests. The information collection and disclosure practices, and the choices that we provide to users, will continue to operate as described in this Privacy Policy, whether or not a Do-Not-Track signal is received.
European Residents
If you reside in the European Economic Area (“EEA”), European Union, United Kingdom or Switzerland, the following rights and disclosures apply to you.
Legal Basis for Processing
We may process your personal information because you have given us permission to do so (e.g., by sending data through our website), because the processing is in our legitimate interests and it’s not overridden by your rights, or because we need to process your personal information to comply with the law.
Your Rights Under the General Data Protection Regulation (“GDPR”)
If you wish to know what personal information we hold about you, to have us remove it, or otherwise to exercise your rights, please contact us at support@abreakmusic.com. In some cases, you also have the following rights related to your personal information:
- The right to access, update, or delete your personal information.
- The right of rectification—to have your information altered if it is inaccurate or incomplete.
- The right to object to our processing of your personal information.
- The right of restriction—to request that we restrict how we process your personal information.
- The right to data portability—to receive a copy of the information we have on you in a structured, machine-readable, and commonly used format.
- The right to withdraw consent to our processing of your personal information.
- The right to complain to an EEA data protection authority (a government agency) about our management of your personal information.
How We Use Information
The information we collect may be used for the following purposes:
- To communicate with you, for example, via website notifications, phone and email;
- To provide, maintain and improve our Services;
- To administer your account(s) and process your payments for Services (for example, through our payment processor);
- To provide customer service, quality assurance and troubleshooting;
- To autofill data fields on our websites to improve your online experience;
- For marketing, research and analytics (for example, we may use Google Analytics and you can find out how Google Analytics uses data and how to opt out of Google Analytics);
- To help develop new products and Services;
- To detect, prevent, and respond to fraud, abuse, and security issues;
- To comply with legal, regulatory or contractual requirements;
- To carry out any other purpose described to you at the time the information was collected.
Communications with you in connection with these uses may be via mail, telephone, e-mail, text message, social media and other electronic messages. We may send you text messages using an automated telephone dialing system to the mobile phone number you have provided if you have opted into receive text messages. Opting into receive text messages is not a requirement to buy services from us, and message and data rates may apply. See “Your Choices” below to learn how to manage your communication preferences.
Information Sharing
We may share personal information that we collect for the following purposes:
- Within our Company and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership;
- With our trusted service providers who work on our behalf;
- With your consent, including if you intentionally interact with third-parties on our website;
- In connection with the sale or transfer of a significant part of our business or its assets, including any such activities associated with a bankruptcy proceeding;
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a law enforcement request;
- As required by law, such as in conjunction with a subpoena, government inquiry, litigation, dispute resolution or similar legal process.
Security
We take reasonable administrative, technical, and physical security measures to protect your personal information and to ensure that it is used in accordance with this Privacy Policy.
Links to Other Sites
Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children’s Privacy
Our Services do not address anyone under the age of 16. We do not knowingly collect personal identifiable information from children under 16. In the case we discover that a child under 13 has provided us with personal information, we will delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us at support@abreakmusic.com including in the subject “Underage Child” so that we can take necessary actions.
How Long We Keep Information
We may keep the information we collect for as long as necessary to provide our Services to you, to operate our business, to enable us to communicate with you, for our safety, research, evaluation of use, or troubleshooting purposes, or to satisfy our legal or contractual obligations. Where required, we will anonymize or dispose of the information we collect when we no longer need it for the uses described above.
International Data Transfers
In order to provide our Services, we may store or process your personal information outside your country. Data storage venues may include, without limitation, the United States and the European Union. These and other data storage jurisdictions may operate under privacy and data protection laws different from those of your home jurisdiction. Your submission of personal information through the use of our Services and your consent to this Privacy Policy include consent to such storage and processing outside of your jurisdiction.
Your Choices
You can make a request to access and change your personal information we store by contacting us via email at support@abreakmusic.com. To further protect privacy, these requests are subject to identity verification. You agree that should your contact data be inaccurate or deleted, some features of our services may not be available to you.
If you would like to update your preferences, or opt out of marketing communications from us, you may do so at any time by contacting us at support@abreakmusic.com or by following the opt out instructions in the marketing communications. Please note that we will honor your marketing opt-out preferences, but we may continue to send transactional communications related to the Services.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically to see any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.
Contact Us
If you have any questions about our Privacy Policy, do not hesitate to contact us at support@abreakmusic.com .
Last Updated: January 2022
Contact Us
upload song
mp3 only, less than 20mb
edit song
delete song
delete
''
edit song
crop your image
some things to keep in mind
- We are looking to help new artists break into the industry. The more information you provide, the more we can learn about you, the better your chances of getting on the playlist.
- The songs you upload will be reviewed by the top A&R reps in the industry. If you score high, then you will be placed our our weekly 'new' playlist.
- Your songs cannot be heard by other artists (unless you are placed in the playlist).
- If you do make our weekly playlist, then you and others will be able to vote on your songs.
Terms & Conditions
scroll to read and accept the terms
TERMS AND CONDITIONS OF USE
Welcome to aBreak Music. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site or our service.
Please note the statement below in “Our Right to Use Your Content” –
You retain any and all of Your rights to any Content You submit, post or display on or through the Service…
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Maryland, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to aBreak Music LLC, 6855 Deerpath Road Suite C, Elkridge, MD 21075 Content refers to content such as music, videos, text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to aBreak Music, accessible from https://abreakmusic.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
You represent that you are over the age of 16. The Company does not permit those under 16 to use the Service.
PRIVACY POLICY
Your use of the site is also governed by our Privacy Policy which is incorporated into these Terms by reference.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. Notifications should be emailed to support@abreakmusic.com with the subject Account Security.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You agree that you will not upload viruses or malicious code or do anything that could disrupt, disable, overburden, or impair the proper working or appearance of our Services.
You agree that you will not access or collect data and User Content from our Services using automated means (without our prior permission) or attempt to access data and User Content you do not have permission to access.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
Our Right to Use Your Content
You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. By posting Content to the Service, You grant Us a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
Our Services are designed to promote creativity; however, You may not transmit any Content that is unlawful, discriminatory, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the copyright or privacy of any person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edit any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@abreakmusic.com and include in Your notice:
- Subject: Copyright Notice
- A detailed description of the alleged infringement.
- Your legal name, address, email and phone number.
- Confirm that you are the owner or authorized to act on behalf of the owner.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at support@abreakmusic.com Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Indemnification.
You agree to indemnify, defend and hold harmless aBreak Music and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. aBreak Music reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
You agree that the laws of the state of Maryland without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise between you and aBreak Music or its affiliates.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at support@abreakmusic.com
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Last updated: December 1, 2021
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: support@abreakmusic.com
Terms & Conditions
TERMS AND CONDITIONS OF USE
Welcome to aBreak Music. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site or our service.
Please note the statement below in “Our Right to Use Your Content” –
You retain any and all of Your rights to any Content You submit, post or display on or through the Service…
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Maryland, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to aBreak Music LLC, 6855 Deerpath Road Suite C, Elkridge, MD 21075 Content refers to content such as music, videos, text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to aBreak Music, accessible from https://abreakmusic.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
You represent that you are over the age of 16. The Company does not permit those under 16 to use the Service.
PRIVACY POLICY
Your use of the site is also governed by our Privacy Policy which is incorporated into these Terms by reference.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. Notifications should be emailed to support@abreakmusic.com with the subject Account Security.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You agree that you will not upload viruses or malicious code or do anything that could disrupt, disable, overburden, or impair the proper working or appearance of our Services.
You agree that you will not access or collect data and User Content from our Services using automated means (without our prior permission) or attempt to access data and User Content you do not have permission to access.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
Our Right to Use Your Content
You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. By posting Content to the Service, You grant Us a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
Our Services are designed to promote creativity; however, You may not transmit any Content that is unlawful, discriminatory, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the copyright or privacy of any person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edit any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@abreakmusic.com and include in Your notice:
- Subject: Copyright Notice
- A detailed description of the alleged infringement.
- Your legal name, address, email and phone number.
- Confirm that you are the owner or authorized to act on behalf of the owner.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at support@abreakmusic.com Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Indemnification.
You agree to indemnify, defend and hold harmless aBreak Music and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. aBreak Music reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
You agree that the laws of the state of Maryland without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise between you and aBreak Music or its affiliates.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at support@abreakmusic.com
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Last updated: December 1, 2021
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: support@abreakmusic.com