Terms and Conditions
Effective Date: December 12, 2019
Artist Push OÜ, a private limited company registered in Estonia (Reg. code: 14868771, Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe/1, 74626, Estonia) outlines the Terms and Conditions (the “Agreement”) that govern the use of the Artist Push services. The terms “Artist Push” and “us” refer to Artist Push OÜ and references to “you” refer to the customer and/or user of our website and services.
By accessing artistpush.me and the other services that we offer, you hereby confirm that you are familiar with and acknowledge the contents of this Agreement. Should you be in disagreement with these Terms then you should not access the services in any form or make any purchase.
1. General Use
Our service shall be used exclusively in good faith and for the legitimate purpose of music promotion and marketing.
You agree that the usage of Artist Push's services is restricted to any legitimate music promotion and marketing activity. You shall not utilize our services for any unlawful, illegal or abusive purpose, e.g., the use of the services to transmit explicit, abusive, infringing, or illegal content.
The Artist Push services are digital marketing, marketing communication and online advertising services for musicians, bands, labels or other rights holders, but are not guaranteed to produce certain results (e.g. number of followers, plays or engagement stability or quality). Your usage of our services is on your own risk and Artist Push cannot be held responsible for any damages related to our services.
In case of any discrepancy between the provisions of this Agreement and any other content on our website, the terms set forth herein shall prevail and supersede such provisions and content.
2. Eligibility and Account Responsibilities
You are at least 18 (years of) years of age or eligible to enter contracts in the jurisdiction where you live in. By accessing or using Artist Push, you represent and warrant that you have the legal capacity, and all necessary consent and permission, to enter this Agreement.
When creating a user profile and/or placing an order, you must provide Artist Push with accurate, complete and current information.
You agree to maintain the confidentiality of the user profile, login credentials and passwords and assume all risks associated with the use thereof. You will be held responsible for all activities that occur under your user profile and/or login credentials and password. Artist Push reserves the right to revoke, terminate or suspend any user profile or registration in the event of breach of this Agreement, misuse of any nature, fraud or inaccuracy in registration data.
3. Payments
All prices and modes of accepted payment shall be indicated on the Artist Push website. All payments made to Artist Push are final; therefore, please ensure that you are well aware of your purchase by understanding the nature of the product being acquired. Any payment made to us is final. Artist Push reserves the right to change its prices and conditions of payment at any time. No change will affect any payments already made or to be made in accordance with previous terms. Fraudulent disputes, chargebacks and other unauthorized payments are strictly prohibited. If your fraudulent dispute, chargeback or unauthorized payment is detected, Artist Push reserves the right to ban you and your IP, and to initiate proceedings against you. Please understand that while we make use of reputable third-party payment service providers, we cannot guarantee the security of your personal information and any transactions you make on our website.
4. Service Delivery
We will always attempt to provide Artist Push services in line with the delivery time shown for each product/service, however, due to platform and technical reasons, delivery time may occasionally vary. If you think your order is not delivered in time, then please contact us. We will investigate your order and deliver as soon as possible. Changing your username or artist name, changing your profile url, deleting your account or using another promotion provider during the service period might cancel the delivery process. Artist Push is not responsible for delayed/failed delivery in this case.
5. Prohibited Activities
You agree that you will not utilize any of our services to transmit illegal, infringing, deceptive or other objectionable content, including but not limited to: Tamper with metrics in an unfair way. Attempt to negatively impact the performance of our platform.
Use our service for unlawful transactions, fraudulent practices, chargeback abuse, or any other form of unfair competition.
6. Limitation of Liability
To the fullest extent permitted by law, Artist Push OÜ shall not be liable for any loss of revenue, income or profits, indirect, incidental, special, or consequential damages.
In no event shall Artist Push OÜ's total liability to you for any claim under or in connection with the service or these Terms, whether based in contract, tort, or on other legal theories, exceed the amount paid by you to Artist Push OÜ for the Service during the 30 days prior to the giving rise of the claim for which damages or refunds may be claimed.
We are not liable for anything that happens on Spotify, YouTube, Apple Music, or other third party service platforms. For example, we cannot be held liable for the removal of tracks, accounts or statistics. Artist Push shall not have any liability for loss, damage, or injury which may result from:
Our failure to perform if the failure was due to a circumstance beyond our reasonable control (force majeure) such as, without limitation, an internet outage, strike, lockout, regulatory changes, civil unrest, war, riot, acts of God, or the like.
7. Intellectual Propert
All text, graphics, code, logos, or other materials found on this website is the sole and exclusive property of Artist Push OÜ, and is protected by Estonian and international law(s) governing intellectual property rights and by copyright, trademark, service mark and other laws. Artist Push does not grant a license to any of such content, and nothing contained on this website should be construed as granting you any rights to use such material in any way, for commercial or otherwise.
All content found on the website is the property of the Artist Push. All rights are reserved by Artist Push.
8. Data & Privacy
Artist Push OÜ collects, processes and stores customer data in accordance with the requirements of the General Data Protection Regulations (GDPR) and other applicable laws, and Estonian privacy and data protection law.
Artist Push OÜ will only collect personal data that are essential to the provision of our Services.
In some cases personal data may be transferred to or processed on behalf of Artist Push OÜ by our third party service providers. These parties process data on our behalf, and are not authorized to use such data for other purposes. Personal information will be disclosed to third-party service providers who have signed an appropriate agreement to maintain the confidentiality of any personal data.
Artist Push collects, processes and stores customer data in accordance with the applicable regulations of the European Union and the United States.
You may at any time ask to receive a copy of the personal data we hold about you or to have your data deleted in accordance with applicable data protection laws. Please contact support for assistance.
(For more information on how we process your data, see our Data & Privacy Policy.)
9. Compliance & Sanctions Policy
In compliance with EU/U.S./U.N./Ukrainian legislation (sanctions), Artist Push OÜ does not provide services to citizens of these sanctioned countries and does not provide services to these organizations and entities:
Artist Push does not support the Russian Federation military invasion. We support Ukraine in the fight against the aggressor and we are open about our position on the matter. Orders placed by Russian Federation or Belarus citizens or entities may be refused or cancelled without return of the funds. Any such cancelled funds may be donated to help Ukraine. We reserve the right to decide what type of assistance or charity we donate towards. We are an Estonian company and the company is based in Estonia.
10. Indemnification
You agree to indemnify, defend and hold harmless, Artist Push OÜ, its officers, directors, employees, agents, partners and affiliates from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorney fees) arising from or in connection with:
(breach by you of these Terms;
use of our Service by you that violates any applicable laws and regulations, third party rights or interests.)
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the law of Estonia without regard to its conflict of law principles.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be resolved solely and exclusively in the courts of Estonia.
Notwithstanding the above, in the event of any dispute involving Artist Push OÜ’s Intellectual Property or reputational rights, Artist Push OÜ reserves the right to initiate proceedings, claim injunctive relief and/or bring actions of any other kind, at its absolute discretion, at any competent jurisdiction in which the alleged breach or damages have occurred.
12. Miscellaneous
These Terms, the Terms of Service Policy, and the Privacy Policy constitute the entire understanding and agreement between you and us with regard to the Service provided by Artist Push OÜ and supersede any and all previous oral or written agreements and communications, including but not limited to any policies or other agreements you may have with Artist Push OÜ relating to the Service.
Our failure to enforce any part of these Terms will not be considered a waiver.
If any part of these Terms will be found invalid by a court of law, this fact will not invalidate the remaining provisions of these Terms and these Terms will remain in full force and effect and continue to be applicable in all other cases.
Artist Push reserves the right to modify these Terms at any time and without prior notice to you. Any updates to these Terms will be posted on this page and will be effective immediately.
Artist Push OÜ
Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe/1, 74626, Estonia
https://artistpush.me