Terms Of Service

1. Welcome & Our Principles of Business

1.1  Thank you for visiting the BandLab website (the “Site”). The Site is owned and operated by BandLab Singapore Pte Ltd (“BandLab”). We want you to be able to make the best use of the products and services offered on the Site (collectively, the “Services”), so we are providing some basic information below on how to use the Site to make music, including how to create an Account, create a Band, become a Band member, become a Fan or Groupie, and share your Content with others. After reviewing this basic information, you must also review our legal Terms and Conditions governing your use of the Site and the Services.

1.2  We know it may seem boring, but it’s very important that you read the Terms and Conditions . We need your permission to service your account and allow your ideas and music to be shared. If you don’t accept all of them, you should not use our Services though we would very much like you to. We have included several annotations to help explain the legal jargon and emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

1.3  We are founded by, and managed by, a team of musicians and music lovers whose ultimate goal is to serve you. We are guided by the following principles:

1.3.1  Your music is your music and you should get to share it and prosper from it as you see fit. You are in control on BandLab.

1.3.2  Collaboration is not a new thing, and the technology we have today in our pockets can take it to a whole new level. But that means that you’ve got to be willing to share. If you don’t want your amazing idea “stolen” then don’t share it with anyone … ever. However, if you want to share your amazing idea with the world, we hope we have created the tools for you to do it on BandLab.

1.3.3  Support music. We are here to help musicians and music fans to connect with each other and we hope that everyone in our community will want to do the same.

1.4  We’ve also provided some Copyright Guidance that may help you to understand your rights as a creator of, user of and contributor to music and other content on the Site.

1.5  However, BandLab is not a law firm and you should not rely on the following guidance and principles as legal advice. If you don’t understand the legal implications of using the Services, you should consult a lawyer.

IMPORTANT! If you are not 13 years old or older, then before you use the Site or provide any information to us, you must get your parent or guardian to read the Terms and Conditions on this

Site and agree to them for you. Please review this with your parent or guardian so that you both understand how the Site works and what restrictions apply to your use of the Services.

2. Your Personal Account

Opening Your Account

2.1  To access the Services, you must open an account (your “Account”) with BandLab by providing your email address and choosing a username and password. Once you open an Account in the Site, you are a “User”.

2.2  You may update the page containing any personal information you wish to share (your “Profile Page”). You can customize what information you want to make public on your Profile Page. However, your name, your profile picture and your connections to other Users (such as if you are a Fan of another User, or a Member or Groupie of a Band) will always be visible on your Profile Page. It is important that you read our Privacy Policy to understand how you can control the information visible to others on your Profile Page.Uploading Content to your Personal Account

2.3  Your Account comes with personal storage space. You may upload and download musical tracks, graphics, text and other Content to and from your Personal Account.

2.4  Content which you upload to your Personal Account will not be accessible to anyone else unless you choose to Share it with other Users. You should also read the Terms and Conditions to understand the rights which you are required to give to BandLab and to other Users when you share. It is important that you are comfortable with giving such rights to other Users before you choose to Share the Content which you upload to our Site.

3. Band Basics

3.1  A Band on BandLab gives you the platform and the technical support you need to collaborate with other musicians, so that you can just concentrate on making great music. A Band on BandLab is just the same as a Band in real life — minus the difficulty of transferring files, converting formats or booking studio time. As in real life, Band Members on BandLab share work material and take decisions collectively. The principles we’ve outlined below are designed to help you do that.

3.2  It is also a good idea for Band Members to have a written understanding among themselves regarding ownership and other rights in Band Content, so that every Band Member knows what will happen if the Band breaks up or adds or loses Members. It is recommended that you seek legal advice particularly if you think there is a possibility of you or your Band making commercial use of Band Content.

Creating or Joining a Band

3.3  Any User can start a Band by creating a Band Account. A Band can have one Member or many Members. The Band creator by default becomes the Administrator for the Band.

3.4  Any Member of the Band can invite other Users and non-Users to join the Band by sending an Invitation.

3.5  You must have an Account before you can accept an Invitation and become a Band Member.

3.6  Membership in a Band will appear on a Band Member’s Profile page.Band Content

3.7  Band Members can upload Content to the Band Account, where such Content is automatically stored. All Content posted or uploaded to the Band Account becomes “Band Content”.

3.8  Band Members can post comments on Band Content, modify Band Content, copy Band Content to their Personal Accounts or download Band Content to their hard drives. Every modification to Band Content will be stored as a Version in the Band’s Account. You can trace your creative process in “Tree View”. Tree View allows Band Members to view and access previous Versions of Band Content, and to track how that Content has been used.

3.9  It is important to understand that when you upload Content to your Band Account, you remain the owner of the copyright in that Content, but existing and future Band Members have a right to copy, download, modify, play, perform and even commercialize your Content. Please read the Terms and Conditions to understand the license that you grant to other Users you upload Content to your Band Account.

3.10  If your Band’s got something that it is ready to allow other Users to view or listen to, the Band Administrator or other users with necessary permissions can change the setting on that Content to be “public”. Other Users will then be able to view the Content or play it on the Site through streaming, but not make copies of or modify it.

3.11  If your Band’s got something that it is ready to share with other Users and would like other users to be able to take it further by remixing, modifying or otherwise developing it themselves, the Band Administrator or other users with necessary permissions can change the setting on that Content to be “forkable”. Other Users will then be able to copy, download, modify, play, perform and even commercialize that Content or their adaptations of that Content. A Band can make either a single track, or a series of revisions in a song “forkable”. If a Band makes revisions “forkable”, all the revisions will be made available to other Users to copy, download, modify, play, perform and otherwise use in any way.

Leaving the Band

3.12 When you leave a Band, Content which you have uploaded to the Band Account remains available on the Band Account the use of the remaining and future Band Members. You can’t delete Band Content which has been uploaded or posted to the Band Account even if it incorporates or is a modification of Content originally posted by you.

Closing a Band Account

3.13  Only the Band Administrator can close a Band Account.

3.14  Note that once a Band Account is closed, all of the Band Content will no longer be available under the Band Account. If you want to ensure your unrestricted access to Band Content, you will need to copy and save Band Content to your own personal Account. This can be done regularly to be sure that you maintain an up-to-date version of Band Content.

Summary of Permissions for Band Administrators and Band Members

3.15 Here’s what all Band Members have permissions to do:

3.15.1  Upload Content onto your Band Account, to be shared with all Band Members

3.15.2  Edit, copy to your Personal Account or download any Content in your Band Account

3.15.3  Post comments in the Band Account or on any Content in your Band Account

3.15.4  Make Band Content “public”, “band-only” or “forkable”.

3.15.5  Endorse the closure of the Band Account

3.15.6  Send Invitations to potential new members

4. Becoming a Fan or a Band Groupie

4.1 Users can become a Fan of another Member on the Site, or a Groupie of a Band on the Site. A Fan or Groupie is able to follow the public activities of the Member or the Band on the Site and listen to the Member or the Band’s music if it is made available by the Member or the Band. Aside from Content which a Band makes available to Groupies, Groupies have no other access to the Band, its Members or the Band’s Content. Similarly, aside from Content which a Member makes available to his or her Fans, Fans have no other access to the Member’s Content. To become a Fan or Groupie, visit the Member or the Band’s Profile page and select “Become a Fan” or “Become a Groupie”.

5. Uploading and Sharing on BandLab

5.1  BandLab is all about sharing ideas and music. But in order to make sharing work, you mustabide by our Terms and Conditions on uploading Content.

5.2  In particular, you must ensure that you own all Content which you upload to the Site, or have the permission of the owner to upload the Content to the Site.

5.3  You can choose how your Content is shared through your Permissions settings.

5.4  Here are the different Permissions you may choose:

5.4.1  Private: Choose this if you don’t want to share your Content with anyone. Content which you upload to your Personal Account is set at “Private” by default.

5.4.2  Band-only: Choose this if you only want to share your Content with your Band Members. If you are a Member of more than one Band, you can choose which Bands you want to share the Content with. Content which you upload onto a Band Account is set at “Band-Only” by default.

5.4.3  P u b l i c : Choose this if you want to share your Content with all Users by streaming.

5.4.4  F o r k a b l e : Choose this if you want to share your Content with all Users, including allowing them to copy, download, play, perform, modify and even make commercial use of your Content or adaptations of your Content.

5.5  Here are the different zones on the Site where your shared Content will be displayed:

5.5.1  Your Profile Page: Content which you make “Public” or “Forkable” is automatically displayed here to all Users.

5.5.2  Your Band Profile Page: Content which your Band makes “Public” or “Forkable” is automatically displayed here to all Users.

5.5.3 Idea Stream: Content which a User publishes to their Idea Stream is published as “Forkable”.

Your Idea Stream is a great way to share and gather inspiration. Any User can create a song from the music tracks, videos, images and text off another User’s Idea Stream and use it as a building block or inspiration for his new work. BandLab will automatically track the connection and it will be attributed to the User who first published the Content on his Idea Stream.

6. Leaving BandLab

6.1  You can leave BandLab at any time, by closing your Account.

6.2  We hope it doesn’t happen, but we can close your Account any time if you violate the Terms and Conditions.

6.3  When you leave BandLab, your Content will be removed from the Site unless you have shared it with others (Band Members or other Users), and they have copied, adapted or re- posted your Content.

6.4  We’ll be sorry to see you go! But before you leave us, you might want to consider the following things:

6.4.1  Have you saved all Content stored in your Personal Account and Band Accounts which you want to keep, to a different location?

6.4.2  Have you reached an agreement with Members of your Band(s) on how Content which you have uploaded to your Band Account(s) is to be used?

6.4.3  Have you reached an agreement with Members of your Band(s) on how Band Content, including musical work which you have created       collaboratively, is to be owned and used?

7. Disputes

7.1 BandLab only provides Bands with a platform to exchange material and collaborate easily. We will not get involved in any dispute between or among Band Members, other Users, or the general public.

Copyright Guidance

Copyright can be confusing, and this section aims to give you an understanding of some copyright basics.

What is protected by copyright?

  • Musical Works: any musical sounds which can be listened to (eg. musical tracks)
  • Artistic Works: visual arts eg. paintings, photographs, graphic design, album covers)
  • Literary Works: any words or writing of words or symbols (eg. novels, poems, comments, song lyrics, chord patterns, sheet music)
  • Sound Recordings: eg. musical tracks, recordings of live performances
  • Films
  • Television and Radio Broadcasts
  • Cable Programmes
  • Performances

What is not protected by copyright:

  • Ideas and concepts
  • Procedures and methods
  • Works which have not been recorded in a tangible form (such as a tune or song lyrics in your head)
  • Subject matter which is not original

Who is the owner of a copyright?

  • In general, the author of the work is automatically the owner of the copyright in that work. There is no need to register your copyright. For example, if you write down some song lyrics, write sheet music or chord patterns, and then make a recording of yourself singing and playing the guitar, you are automatically the owner of
    • (i)  Literary copyright (in the song lyrics and sheet music or chord patterns)
    • (ii)  Musical copyright (in the tune); and
    • (iii) Sound Recording copyright (in the recording).
  • There are a number of exceptions to this ownership rule. Most commonly, an employer owns the copyright to works created by employees during the scope of their employment.

What rights do copyright owners have?

  • In general, copyright have exclusive rights to do the following:
    • (i)  Reproduce/ copy the work (eg. make a physical copy of the work, or download a digital copy stored on a server or a personal hard drive)
    • (ii)  Perform or communicate the work to the public (eg. by playing music over the internet, performing music in a live performance, or letting others view visual art in an exhibition)
    • (iii)  Make an adaptation of the work
  • “Exclusive rights” means that the copyright owner is the only person in the world who can do these acts (copy, perform, communicate, adapt) in relation to the work.
  • However, copyright owners can grant licenses or enter into contractual agreements to allow others to do the acts, or to authorize other persons to do the acts.
  • When you upload Content onto the Site, you are granting BandLab a license to copy, perform, communicate and adapt your Content.
  • That is why it is so important that you own (the copyright in) the Content which you upload to the Site, or have the permission from the person who owns (the copyright in) that Content. If you don’t own the Content or have the necessary permission, you clearly won’t be able to give BandLab any rights!

Does my copyright depend on which country I live in?

  • Copyright laws vary from country to country. However, the law on what material can be protected by copyright, who owns copyright, and the rights of copyright owners, are very similar throughout the world. In almost all countries for instance, copyright exists automatically without the need for registration. You should look at your country’s copyright legislation, or consult a lawyer, to know exactly what your copyright is under that country’s laws.
  • In general, your copyright will be governed by the law of the country in which you are a citizen or permanent resident, or in which you have first put your work into tangible form. You can enforce your copyright against anyone in that country who, without your permission, does the exclusive acts which only you as copyright owner are entitled to do under your country’s laws. There are also copyrights treaties which allow you to enforce your copyright against people who infringe your copyright in other countries.
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