Terms & Conditions

Thank you for visiting buythepic.com (the "website"), a platform where fans can download art-work from independent artists.

As with most websites, buythepic.com has terms and conditions of use for both visitors and artists that share their work on the website. By using this website ("Site"), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and buythepic LLC, provider of the Site. The terms "Provider" or "us" or "we" refer to the owner of the Site, buythepic LLC, whose registered agent is located at N28W24349 Single Tree Court Pewaukee, WI 53072.

The term "you" refers to the user, viewer, contributor, and/or provider of our Site.

The use of the Site is subject to the following terms of use:

SERVICE

These Terms of Service apply to all users of the Site, including users who are also contributors of Content on the Site. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Site. The Site includes all aspects of buythepic, including but not limited to all products, software and services offered via the buythepic website. The Site may contain links to third party websites that are not owned or controlled by buythepic. buythepic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, buythepic will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve buythepic from any and all liability arising from your use of any third-party website. This Site provides links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via "inverse" hyperlinks and framing technology (a "Linked Site"). Provider has no discretion to alter, update, or control the content on a Linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.

All content, products and services on the Site, or obtained from a Site to which the Site is linked (a "Linked Site") are provided to you "AS IS" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) any content provided on Linked Sites or (c) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a Linked Site, or your reliance on any product or service obtained from a Linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

The information, software, products and descriptions of services published on the Site or a Linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.

Your use of any information or materials on the Site or any Linked Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

INTELLECTUAL PROPERTY

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the ProviderSite may give rise to a claim for damages and/or be a criminal offense.

POTENTIAL ADULT CONTENT

The Site is for artists to share content and fans to receive content. This content may contain explicit lyrics or videos that are inappropriate for some listeners/viewers. Parental discretion is advised.

PAYMENT

By providing a credit card, PayPal or other payment method accepted by buythepic ("Payment Method"), you are expressly agreeing that we are authorized to charge you for the charges and any applicable taxes in connection with your use of the Site to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting buythepic. When you provide a Payment Method including in connection with any free trial offer, our system may attempt to verify the information you entered by processing an authorization hold, which is a standard practice. As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method.

FOR ARTIST AFFILIATES

The Artist Affiliate Program is governed by the Licensing Agreement that you sign with buythepic. That Licensing Agreement is incorporated herein. To the extent that the Licensing Agreement's explicit terms conflict with these terms of service, the Licensing Agreements prevail. As an buythepic provider you may submit Content to the Site, including videos and user comments. You understand that buythepic does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to buythepic all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Site pursuant to these Terms of Service.

You retain all of your ownership rights in your Content. But, by submitting Content to buythepic, you hereby grant buythepic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and buythepic's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. The above licenses granted by you in video Content you submit to the Site terminate within a commercially reasonable time after you remove or delete your videos from the Site. You understand and agree, however, that buythepic may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. You also agree that buythepic users will be able to download the content multiple times after they have made a single purchase.

You further agree that Content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant buythepic all of the license rights granted herein. Further, you agree to and shall not upload content that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.

• is false, misleading, untruthful or inaccurate;

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;

• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

• involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

• exploits people in a sexual or violent manner;

• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or

• impersonates any person or entity.

buythepic does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and buythepic expressly disclaims any and all liability in connection with Content. buythepic does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and buythepic will remove all Content if properly notified that such Content infringes on another's intellectual property rights. buythepic reserves the right to remove Content without prior notice.

PAYMENT TO ARTISTS

buythepic will pay an agreed percentage of any music sales to you based on the pricing page on this Site. You must have a valid PayPal on file to submit content and/or receive payment. It is your responsibility to ensure that your account is current and you agree that any payments sent to the wrong PayPal account cannot be repaid to you. Further, you have the option to agree that buythepic may submit your file to online music services and/or aggregators, you will receive a percentage of what is paid to buythepic.

TERMINATION OF ARTIST FROM SITE

buythepic will terminate a user's access to the Site if, under appropriate circumstances, the user is determined to be a repeat infringer. buythepic reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. buythepic may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service and/or at its sole discretion.

STORAGE AND DATA

You are responsible for making sure that your submission is not the only copy of your intellectual property. You acknowledge that buythepic may make changes to the Site and has the right to destroy the file(s) you have submitted.

DIGITAL MILLENIUM COPYRIGHT ACT NOTICE

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, 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):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications directly to the Provider as state above.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Milwaukee, Wisconsin, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by buythepic, it may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at buythepic's sole discretion. Copyright Agent: Jeffrey Loth, N28W24349 Single Tree Court Pewaukee WI 53072.

GENERAL PROVISIONS FOR ALL VISITORS, USERS AND AFFILIATES

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BUYTHEPIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND YOUR USE THEREOF. BUYTHEPIC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. BUYTHEPIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BUYTHEPIC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SITES. AS WITH THE PURCHASE OF A PRODUCT OR SITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL BUYTHEPIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BUYTHEPIC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ANY OTHER ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by buythepic from its facilities in the United States of America. buythepic makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Any and all disputes or claims between you and buythepic arising out of, relating in any way to, or in connection with the Terms of Service, the Site or your use of the Site, or any material or services offered or distributed through the Site ("Disputes") shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and buythepic are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this section).

The provisions of this section shall constitute your and buythepic's written agreement to arbitrate Disputes under the Federal Arbitration Act ("Dispute Agreement"). Any modification to this Agreement shall be in writing and signed by you and buythepic. The arbitration will be administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA's Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section here and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to buythepic at the address above. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Milwaukee, Wisconsin; (ii) you and buythepic irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and buythepic agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Wisconsin, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and buythepic agree to waive any right to a trial by jury.

Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party's intellectual property or any conduct that violates the Terms of Use.

Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.

Severability. With the exception of the class action section, if any part of this section is ruled to be unenforceable, then the balance of this section (as well as the entire agreement) shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless buythepic, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Site; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site without parental approval and supervision.

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by buythepic without restriction.

GENERAL PROVISIONS

You agree that: (i) the Site shall be deemed solely based in Wisconsin and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over buythepic, either specific or general, in jurisdictions other than Wisconsin. These Terms of Service shall be governed by the internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. Any claim or dispute between you and buythepic that arises in whole or in part from the Site shall be decided exclusively by arbitration as set forth above, with the limited exceptions set forth above. If for some reason the arbitration provisions—as a whole—are unenforceable, by a court of competent jurisdiction located in Milwaukee County, Wisconsin. These Terms of Service, together with the Privacy Policy and any other legal notices published by buythepic on the Site, shall constitute the entire agreement between you and buythepic concerning the Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and buythepic's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. buythepic reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

1. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

2. Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the Wisconsin, United States of America and applicable federal law without regard to conflicts of laws principles.

TRUE ORIGIN OF DIGITAL GOODS

Under Florida law, this website may have to disclose its full name and contact information. That information is found above and can be found on the Contact Us page.