WEBSITE TERMS AND CONDITIONS OF USE
LAST UPDATED: October 2, 2024
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms and conditions
(“Terms and Conditions”) govern your access and use of the websites (collectively, the “Website”)
operated by Budmashi Studios, consisting of Budmashi Studios, LLC and all of its affiliates, subsidiaries,
record labels, and publishing companies (collectively, “Budmashi Studios,” “we,” “us” and “our”). By
accessing or using the Website, you are agreeing to these Terms and Conditions. If you do not agree to
these Terms and Conditions or the Privacy Policy (as defined below), you must not access or otherwise
use the Website.
We reserve the right to change the Terms and Conditions at any time in our sole discretion. Changes to
the Terms and Conditions will not be applied retroactively. When changes are made, we will post them
on the Website and you will see the words “Last Updated” with the date of last update at the top of this
page. We encourage you to review these Terms and Conditions from time to time for any changes. You
agree that your use of the Website after such changes are posted on the Website will constitute your
acceptance of such changes and your acceptance of these Terms and Conditions.
PROPRIETARY RIGHTS
The Website and all material on the Website, including but not limited to audio, video, photographs,
illustrations, displays, lyrics, software, etc., and the design, selection, and arrangement thereof (the
“Content”) is the sole and exclusive property of Budmashi Studios, its licensors, and/or other providers
of such Content. The Content is protected by United States and international copyright, trademark,
patent, trade secret, and other intellectual property or proprietary laws.
You agree not to reproduce, duplicate, modify, copy, sell, resell, create derivative works of, or exploit for
any commercial purpose, any portion of the Website or the Content other than as expressly authorized
by Budmashi Studios in writing. You hereby acknowledge and agree that, as between Budmashi Studios
and you, all right, title, and interest in and to the Website and the Content, including without limitation
any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, and all
other intellectual property rights pertaining thereto, shall be owned exclusively by Budmashi Studios, its
licensors, and/or other providers of such Content. Use of the Website or the Content in any way that is
not expressly permitted by the Terms and Conditions is prohibited and may be actionable under United
States or international law.
TRADEMARKS
The trademarks, tradenames, logos and service marks (collectively, “Trademarks”) displayed on the
Website are registered and unregistered Trademarks of Budmashi Studios. Trademarks of third parties
may also appear on the Website. Nothing contained on the Website should be construed as granting
any license or right to use any Trademark appearing on the Website without the prior written approval
of Budmashi Studios or the third party that may own the applicable Trademark. Unauthorized use of
any Trademark appearing on the Website is prohibited and may be a violation of federal, state and/or
international trademark laws. We expressly reserve all rights in and to such Trademarks.
PRIVACY POLICY
Use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms and
Conditions. By using the Website, you hereby acknowledge the Privacy Policy and expressly agree to be
bound by its terms.
WEBSITE USE AND USER CONDUCT
So long as you agree and comply with these Terms and Conditions, and unless these Terms and
Conditions are otherwise terminated by Budmashi Studios, Budmashi Studios grants you permission to
view and use the Website and the Content for your personal, non-commercial use. You may not
duplicate, publish, modify, reproduce, distribute, perform, or create derivative works from any part of
the Website, its design or layout, or the Content unless expressly authorized by Budmashi Studios in
writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices
contained on the Website or in the Content. Other terms may apply to some products or services
offered on the Website and may be posted in connection with the applicable product, service, feature,
or activity. Any such other terms are in addition to the Terms and Conditions, and in the event of a
conflict, any such other terms shall prevail. If Budmashi Studios makes software available to you for
download, your download and use of such software shall be subject to a separate license agreement.
Your view and use of the Website and the Content is at your own risk, including the risk that you might
be exposed to content that is offensive, inaccurate, or objectionable.
You agree not to access the Website by any means other than through a standard web browser on a
computer or mobile device. You further agree that you will not:
(a) damage, disable, overburden, or impair the Website or interfere with any other party's use and
enjoyment of it;
(b) use any “robot”, “bot”, “spider”, “scraper” or other automatic device, program, tool, algorithm,
code, process, methodology, or other means to access, obtain, record, capture, copy, reproduce, scrape,
or otherwise interact with any Content, files, information, or other data on the Website, including but
not limited to analyzing text and data to generate information such as patterns, trends, and correlations,
in each case, except to index the Website or the Content for a search engine that directs users to the
Website or Content;
(c) use any manual process to monitor or copy any of the Content or the Website for any purpose that is
prohibited, expressly or implicitly, by these Terms and Conditions;
(d) use any device, software, or routine that interferes with the proper working of the Website;
(e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful to the Website or Content;
(f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website,
the Content, the server on which the Website or Content is stored, or any server, computer, or database
connected to the Website or Content;
(g) attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
(h) upload, post, or transmit any material that (i) contains copyrighted or other proprietary material of
any kind; (ii) advertises or promotes any goods or services; (iii) contains a virus or other harmful files; (iv)
is threatening, harassing, degrading, hateful, intimidating, defamatory or libelous, fraudulent or tortious,
obscene, indecent, pornographic or otherwise objectionable; or (v) gives rise to criminal or civil liability.
You also agree that you shall not: (a) impersonate or misrepresent your affiliation with any other person
or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Website, the
Content, or any information or other material obtained through or derived from the Website for
commercial purposes; (c) engage in scraping, spamming, spoofing or flooding; (d) harvest, collect or
store information about the users or content of the Website; or (e) frame any portion of the Website.
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or
discontinue any aspect of the Website, including, but not limited to, Content, features or hours of availability. We may also impose limits on certain features of the Website, including Content, or restrict
your access to part or the entire Website without notice or penalty.
Subsection (b) of this Section should be treated as an express reservation of our rights in this regard,
including for the purposes of Article 4(3) of Directive ((EU) 2019/790) and all national laws having
transposed the same.
SUBMISSIONS BY YOU
Budmashi Studios does not solicit, nor does it wish to receive, any confidential, secret, or proprietary
information or other material from you through the Website, through Budmashi Studios's mail and
email addresses, or in any other way. Any information, creative works, ideas, concepts, methods,
systems, designs, plans, techniques or other materials submitted or sent to Budmashi Studios without
any agreement to the contrary (“Submissions”) will be deemed not to be confidential or secret. By
submitting or sending Submissions to Budmashi Studios, you represent and warrant that the
information is original to you, that no other party has any rights to the material, and that you grant
Budmashi Studios a fully paid-up and royalty-free, unrestricted, worldwide, perpetual, fully-transferable,
non-exclusive license to use, copy, sublicense, modify, adapt, transmit, perform or display such material
in any format or media now known or hereafter developed without additional consideration to you or
any third party. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO
NOT MAKE ANY SUBMISSIONS ON OR THROUGH THE WEBSITE through Budmashi Studios's mail and
email addresses, or in any other way.
INDEMNITY
You agree to indemnify, defend and hold Budmashi Studios, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of
the Terms and Conditions. Budmashi Studios reserves the right, at any time, to assume the exclusive
defense and control of any matter subject to indemnification by you.
LINKS TO OTHER SITES
The Website may contain links to websites operated by third parties. Budmashi Studios provides these
links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are
not under the control of Budmashi Studios, and Budmashi Studios is not responsible for the content
available on the other sites. Such links do not imply Budmashi Studios’s endorsement of information or
material on any other site and Budmashi Studios disclaims all liability with regard to your access to and
use of such linked websites.
ACCOUNT PASSWORD AND SECURITY
The Website may contain some features that require registration. If asked to register for additional
access, you may select a username and password to be used in conjunction with your account. You are
responsible for maintaining the confidentiality of your password and are fully responsible for all uses of
your password, whether by you or others. You agree to (a) log out of your account at the end of each
session; (b) keep your password confidential and not share it with anyone else; and (c) immediately
notify Budmashi Studios of any unauthorized use of your password or account or any other breach of
security. Your use of the Website is contingent on complying with the terms of this paragraph, and
Budmashi Studios cannot and will not be liable for any loss or damage arising from your failure to
comply with the terms of this paragraph.
PURCHASES
We may make certain services or products available to users of the Website. If you choose to buy any of
our services or products, you may be asked to supply certain information including credit card number
or other payment information and billing address. You agree that all information you provide will be
true, accurate and complete. By commencing a purchase, you warrant and represent that you are
eighteen (18) years of age or older, that you have legal capacity to enter into a binding contract with
Budmashi Studios, and that you have the authority to commence the purchase initiated through the
Website. You acknowledge and agree that Budmashi Studios is authorized to act on payment
instructions received from anyone using your account and password. You will also be responsible for
paying any applicable taxes relating to your purchase(s). Debit and credit card transactions may be
facilitated by a third-party processor, and you agree that Budmashi Studios may share your information,
including information about your debit or credit card account, with such third-party processor for this
purpose.
CHILDREN
We strive to comply with the Children’s Online Privacy Protection Act. We do not knowingly collect any
personal information from those under the age of 16. If you are under 16 years of age, please do not
provide any personally identifiable information to us.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE, ALL SERVICES AND CONTENT ON THE WEBSITE, AND ANY SERVICES OR GOODS MADE
AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS
AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUDMASHI STUDIOS MAKES NO WARRANTY
AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF THE WEBSITE, ITS SECURITY OR ANY
SERVICES OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY
INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE SERVICES AND CONTENT
AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
BUDMASHI STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL
BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU ARE
RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY
OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. YOUR SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, BUDMASHI STUDIOS DISCLAIMS ALL LIABILITY, WHETHER
BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER
DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH ACCESS TO OR USE OF OR THE INABILITY TO USE THE WEBSITE, THE CONTENT, OR THE SERVICES
OR GOODS MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF BUDMASHI STUDIOS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. IN NO EVENT SHALL BUDMASHI STUDIOS’S AGGREGATE LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THE TERMS AND CONDITIONS, YOUR USE OF THE WEBSITE, OR THE SERVICES OR
GOODS MADE AVAILABLE THROUGH THE WEBSITE, EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO
BUDMASHI STUDIOS DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF
ACTION AROSE.
LOCATION
The Website is operated by Budmashi Studios from its offices in the United States. We do not represent
that materials on the Website are appropriate or available for use in other locations. Those who choose
to access the Website from locations outside the United States do so on their own initiative and are
responsible for compliance with applicable local laws. Any offer for any product or service made on the
Website is void where prohibited.
DMCA
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides a mechanism for notifying service
providers of claims of unauthorized use of copyrighted material. If you believe in good faith that
materials or Content available on the Website infringe your copyright, you may contact us.
We suggest that you consult your legal advisor before filing a notice as your notice of claim must comply
with detailed requirement set forth in the DMCA.
DISPUTES
You hereby consent to arbitration if any dispute is to arise, except for the enforcement of Budmashi
Studios’s or its affiliates’ intellectual property. These Terms and Conditions shall be governed by, and
will be construed under, the laws of the State of Texas without regard to choice of law principles. Any
dispute related to these Terms and Conditions or our Website must be resolved exclusively through
binding non-appearance-based arbitration administered by JAMS, an alternative dispute resolution
provider. In the event of a dispute, you or Budmashi Studios must send to the other party notice of
dispute in writing, setting forth the name, address and contact information of the party giving notice,
the facts of the dispute and the relief requested. You may initiate a dispute by sending us a notice to
the address listed in the NOTICES section below. We will send a notice to you at the contact information
we have for you. You and Budmashi Studios agree to try to resolve a dispute through informal
negotiation upon notice of a dispute for a period of 60 days. If you and Budmashi Studios are unable to
resolve the dispute in such 60 days, then you or Budmashi Studios may commence arbitration. You and
Budmashi Studios agree that a dispute will be heard before a single neutral arbitrator, whose decision
will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING
UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The arbitration
proceedings shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures and
Expedited Procedures or JAMS Streamlined Arbitration Rules and Procedures, at the election of the
party initiating the arbitration. Information regarding these rules can be found on the JAMS website at
www.jamsadr.com. The arbitrator will have exclusive authority to resolve any dispute relating to
arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge
or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise
invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law
or in equity. In addition, you and Budmashi Studios agree that the following rules shall apply to the
arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief,
by telephone, online or based solely on written submissions; (b) the arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
(c) any judgment on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction. The United Nations Convention on Contracts for the International Sales of Goods shall have
no applicability.
To the fullest extent permitted by law, YOU AGREE THAT NO ARBITRATION OR CLAIM ARISING OUT OF
THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE SHALL BE JOINED TO ANY OTHER
ARBITRATION OR CLAIM AND NO CLASS ARBITRATION SHALL BE PERMITTED. In no event shall any claim,
action or proceeding by you related in any way to the Website be instituted more than one (1) year after
the cause of action arose.
If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal
jurisdiction of the federal and state courts located in Collin County, Texas for the purposes of litigating
any applicable claim.
NOTICES
All notices required to be given hereunder must be in writing and shall be given by personal delivery,
registered or certified mail, or Federal Express or other nationally recognized courier service which
regularly tracks its packages.
Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by
registered or certified mail, on the third business day after mailing; if by Federal Express or other
nationally recognized courtier service which regularly tracks it packages, on the second business day
after deposit with the service.
MISCELLANEOUS
If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and
in no way define, limit, construe or describe the scope or extent of such section. Budmashi Studios’s
failure to act with respect to any failure by you or others to comply with the Terms and Conditions does
not waive Budmashi Studios’s right to act with respect to subsequent or similar failures. The Terms and
Conditions set forth the entire understanding and agreement between you and Budmashi Studios with
respect to the use of the Website. You may not assign or transfer your rights or obligations hereunder
without the prior written consent of Budmashi Studios, and any assignment or transfer in violation of
this provision shall be null and void.
CONTACT
Please direct any questions you may have about the Website or the Term and Conditions to us by filling
the Contact Us form.