1. Terms and Conditions:

The website “Thebigcomeup.com(referred to as the “Site”) and the associated platforms, products, and services (collectively referred to as the “Services”) are owned and operated by Luun Investments LLC and its affiliates, successors, and assigns (referred to as “our,” “we,” or “us”). By accessing and utilizing the Site and Services, you acknowledge and agree to abide by these General Terms and Conditions, as well as our Copyright Policy, Privacy Policy, Trademark Policy, Abuse Policy, U.S. Tax Withholding and Reporting Policy, and any specific terms applicable to certain Services you may choose to use (collectively referred to as the “Terms and Conditions”). These Terms and Conditions constitute the entire agreement governing your use of the Site and Services, superseding all prior versions. These agreements are legally binding. If you are using the Site and Services on behalf of an artist, band, group, company, or entity, you affirm that you have the legal authority to bind such entity and ensure compliance with these Terms and Conditions. We retain the exclusive right to modify, discontinue, or terminate any Service or the Site, and to change, add, or remove parts of these Terms and Conditions without prior notice. Any changes will be posted on the Site, and your continued use of the Site and Services constitutes acceptance of the revised Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using the Site or Services.

1. Use of Site and Services:

(a) Age Requirement: The Site and Services are intended for individuals aged 18 and above. Children under 18, but at least 13, may use the Site and Services with verifiable parental consent. Some areas of the Site may contain material inappropriate for minors. (b) Site Content Ownership: All materials on the Site, including User Content, are proprietary to us or our licensors. You retain rights to your User Content, subject to licenses granted in these Terms and Conditions. (c) Site and Services Use License: Subject to these Terms and Conditions, you are granted a limited, non-exclusive right to use the Site and Services for personal, non-commercial purposes. Site Content may not be modified, copied, distributed, or used in violation of these terms. (d) Site Downloads and Purchases: Certain functionalities allow downloads or purchases of Site Content. You agree to specific rules regarding Site Downloads, including personal, non-commercial use only. (e) Abuse and Infringement: You agree not to use the Site or Services abusively, fraudulently, or unlawfully, and not to infringe on intellectual property rights. Compliance with applicable laws and the Abuse Policy is mandatory. (f) Terms For Certain Services: These General Terms and Conditions apply to all Services, with additional terms for specific Services. In case of conflicts, specific terms prevail.

2. Registration:

(a) Account Creation: To access certain parts of the Site, registration is required. You are responsible for the security of your account and must maintain accurate Registration Information. (b) Dashboard: Upon registration, a Dashboard page is created for account management. (c) Representation and Updating: You represent that Registration Information is accurate and agree to promptly update it. We may use Registration Information in accordance with our Privacy Policy. (d) Account Inactivity: You are responsible for keeping your account active. Inactive accounts may be permanently removed after six months without login.

3. Content Submitted By You:

(a) User Content: You are solely responsible for User Content submitted through your account. We may disclose User Content for legal compliance, safety, or dispute resolution. (b) Licenses to User Content: By submitting User Content, you grant us a license to use, reproduce, and distribute it for Site and Services functionality. Specific rights and limitations apply. (c) Additional Agreements: We may enter into additional agreements related to User Content. In case of conflicts, such agreements supersede these Terms and Conditions. (d) Representations and Warranties: By submitting User Content, you affirm ownership and control of rights. You agree not to violate laws or infringe on others’ rights. Payment obligations and third-party authorizations are your responsibility.

4. DMCA Copyright Notice and Repeat Infringer Policy:

(a) If you believe materials on the Site infringe your work, follow our DMCA process outlined in our Copyright Policy. (b) Pursuant to the DMCA, notifications must be submitted to our Designated Agent. (c) We may provide alleged infringers with notices and counter notifications. (d) “Repeat infringement” may lead to account termination. (e) If materials are restored after DMCA notice, the notice is treated as withdrawn. (f) We reserve the right to terminate accounts with fewer than two instances of infringement in appropriate circumstances.

5. Indemnification:

You agree to indemnify and hold us and our Related Parties harmless from any losses, liabilities, damages, claims, costs, expenses, or demands arising from your use of the Site or Services, violation of these Terms and Conditions, infringement of third-party rights, or disputes with other users. We may withhold payments in case of a claim. Your sole remedy for our breach is discontinuation of Site and Service use. The website “Thebigcomeup.com” (referred to as the “Site”) and the associated platforms, products, and services (collectively referred to as the “Services”) are owned and operated by Luun Investments LLC and its affiliates, successors, and assigns (referred to as “our,” “we,” or “us”). By accessing and utilizing the Site and Services, you acknowledge and agree to abide by these General Terms and Conditions, as well as our Copyright Policy, Privacy Policy, Trademark Policy, Abuse Policy, U.S. Tax Withholding and Reporting Policy, and any specific terms applicable to certain Services you may choose to use (collectively referred to as the “Terms and Conditions”). These Terms and Conditions constitute the entire agreement governing your use of the Site and Services, superseding all prior versions. These agreements are legally binding. If you are using the Site and Services on behalf of an artist, band, group, company, or entity, you affirm that you have the legal authority to bind such entity and ensure compliance with these Terms and Conditions. We retain the exclusive right to modify, discontinue, or terminate any Service or the Site, and to change, add, or remove parts of these Terms and Conditions without prior notice. Any changes will be posted on the Site, and your continued use of the Site and Services constitutes acceptance of the revised Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using the Site or Services.

6. Use of Site and Services:

(a) Age Requirement: The Site and Services are intended for individuals aged 18 and above. Children under 18, but at least 13, may use the Site and Services with verifiable parental consent. Some areas of the Site may contain material inappropriate for minors. (b) Site Content Ownership: All materials on the Site, including User Content, are proprietary to us or our licensors. You retain rights to your User Content, subject to licenses granted in these Terms and Conditions. (c) Site and Services Use License: Subject to these Terms and Conditions, you are granted a limited, non-exclusive right to use the Site and Services for personal, non-commercial purposes. Site Content may not be modified, copied, distributed, or used in violation of these terms. (d) Site Downloads and Purchases: Certain functionalities allow downloads or purchases of Site Content. You agree to specific rules regarding Site Downloads, including personal, non-commercial use only. (e) Abuse and Infringement: You agree not to use the Site or Services abusively, fraudulently, or unlawfully, and not to infringe on intellectual property rights. Compliance with applicable laws and the Abuse Policy is mandatory. (f) Terms For Certain Services: These General Terms and Conditions apply to all Services, with additional terms for specific Services. In case of conflicts, specific terms prevail.

7. Registration:

(a) Account Creation: To access certain parts of the Site, registration is required. You are responsible for the security of your account and must maintain accurate Registration Information. (b) Dashboard: Upon registration, a Dashboard page is created for account management. (c) Representation and Updating: You represent that Registration Information is accurate and agree to promptly update it. We may use Registration Information in accordance with our Privacy Policy. (d) Account Inactivity: You are responsible for keeping your account active. Inactive accounts may be permanently removed after six months without login.

8. Content Submitted By You:

(a) User Content: You are solely responsible for User Content submitted through your account. We may disclose User Content for legal compliance, safety, or dispute resolution. (b) Licenses to User Content: By submitting User Content, you grant us a license to use, reproduce, and distribute it for Site and Services functionality. Specific rights and limitations apply. (c) Additional Agreements: We may enter into additional agreements related to User Content. In case of conflicts, such agreements supersede these Terms and Conditions. (d) Representations and Warranties: By submitting User Content, you affirm ownership and control of rights. You agree not to violate laws or infringe on others’ rights. Payment obligations and third-party authorizations are your responsibility.

9. DMCA Copyright Notice and Repeat Infringer Policy:

(a) If you believe materials on the Site infringe your work, follow our DMCA process outlined in our Copyright Policy. (b) Pursuant to the DMCA, notifications must be submitted to our Designated Agent. (c) We may provide alleged infringers with notices and counter notifications. (d) “Repeat infringement” may lead to account termination. (e) If materials are restored after DMCA notice, the notice is treated as withdrawn. (f) We reserve the right to terminate accounts with fewer than two instances of infringement in appropriate circumstances.

10. Indemnification:

You agree to indemnify and hold us and our Related Parties harmless from any losses, liabilities, damages, claims, costs, expenses, or demands arising from your use of the Site or Services, violation of these Terms and Conditions, infringement of third-party rights, or disputes with other users. We may withhold payments in case of a claim. Your sole remedy for our breach is discontinuation of Site and Service use. LIMITATIONS AND DISCLAIMERS: The services provided by “thebigcomeup.com” website, including the site itself and the content available, are presented on an “as-is” and “as-available” basis. We explicitly disclaim all warranties, whether express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. We make no guarantees and do not promise specific results from using the site and/or its services. The following limitations and disclaimers further apply: (a) We and the Related Parties are not accountable for inaccurate information in the Site Content. Third-party opinions or statements in any Site Content, including User Content or advertisements, are not our responsibility. The conduct of site users, whether online or offline, is beyond our control, and we do not investigate, monitor, or verify Site Content. (b) Your dealings with organizations or individuals through the Site or Services, including payment, delivery, and other associated terms, are solely between you and them. We and the Related Parties bear no responsibility for any losses incurred in such dealings. We are not obliged to intervene in disputes between you and third parties. (c) The music industry’s speculative nature is understood, and we make no guarantees regarding the marketing, promotion, acceptance, development, or popularity of users, bands, or music. There are no assurances that materials created or distributed through our Site or Services will yield specific results or be used by third parties. (d) Temporary unavailability of the Site or Services for maintenance or other reasons is possible. We are not responsible for any errors, interruptions, deletions, defects, delays, or unauthorized access. We disclaim liability for any loss or damage resulting from the use of Services, the Site, or Site Content. (e) By using the Site or Services, you release us and the Related Parties from all claims and damages arising from your use. If you’re a California resident, you waive rights under Section 1542 of the California Civil Code. (f) We and the Related Parties shall not be liable for indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, even if we were aware of the possibility of such damages. (g) Our and the Related Parties’ aggregate liability to you for any cause shall not exceed the lesser of the amount paid by you for the Services in the preceding three months or two hundred fifty dollars ($250.00 U.S.). 10 PAYMENTS AND REFUND POLICY: (a) Service Fees: Some parts of the Site and Services are free, while others require payment of applicable fees. You are responsible for all relevant fees, including subscription fees, product purchase fees, and taxes. (b) Payment: We charge Service Fees to your designated payment method, and you must ensure timely payments. Failure to provide a valid payment method may result in the discontinuation of Services. (c) Automatic Renewal: Subscriptions renew automatically unless canceled. You authorize us to charge your payment method for renewal. (d) Free Trial Conversion: Free trial subscriptions convert to paid subscriptions if not canceled before the trial period ends. (e) Thebigcomeup.com Credit Account: Proceeds from certain Services are deposited into a ReverbNation Credit Account, subject to withdrawal conditions. (f) Refunds: Refunds are not provided once the free trial period ends. Refunds may be offered for service malfunctions or billing errors. CONFIDENTIALITY: You agree to keep confidential information related to our business obtained through certain Services, except when required by law or if the information is generally available to the public.

11. USAGE DATA:

We may collect and provide Usage Data to you. You agree to comply with laws regarding Usage Data, refrain from transferring it to third parties, and acknowledge that we are not liable for its accuracy. 12.TERMINATION: (a) You can terminate your use of the Site or specific Services at any time. Termination requires payment of all applicable Service Fees. (b) We may cancel your registration and terminate your use at our discretion, with or without notice. Deleted information is not guaranteed to be retained. (c) Provisions applicable after termination continue to apply.

1. GOVERNING LAW:

These Terms and Conditions are governed by USA  law, with arbitration in the USA for dispute resolution. The arbitrator has no authority for class claims. In case of arbitration invalidity, disputes will be heard in the State of Ohio courts.

1. MISCELLANEOUS:

Invalid provisions will be revised, and the rest of the Terms and Conditions will remain. These terms do not create third-party rights. They cannot be transferred by you but can be assigned by us. Delay in exercising rights does not waive them. These terms do not establish a partnership between you and us.

1. Communication:

All required notices under these Terms and Conditions or applicable laws must be in written form and can be sent by you through your email or by us through  your registered email address. The notice becomes effective on the recorded delivery date, confirmed by return receipt or equivalent. You agree to receive any necessary notice, including legal notices, through your registered email address. 14 Digital Distribution Terms and Conditions In addition to the general Terms and Conditions, these additional terms (“Distribution Terms”) apply to your utilization of Bigcomeup.com’s Artist Digital Distribution Service (“Distribution Service”). Capitalized terms not defined herein shall have the meanings ascribed in the general Terms and Conditions. If you disagree with these Distribution Terms, refrain from using the Distribution Service.

15. Service Description:

The Distribution Service digitally disseminates user music through various digital Internet retailers. To access the Distribution Service, you must be a registered user of the Site. Additional details about the Distribution Service can be found on the Site.

16. Definitions:

(a) Digital Distribution or Digitally Distribute: The digital distribution of Recordings for sublicensing, sale, public performance, electronic transmission, or other distribution to end users across various media. (b) Recording(s): Sound recordings and audiovisual recordings of underlying musical compositions provided for Digital Distribution as Releases. (c) Release(s): Either an Album Release or a Singles Release. (d) Retailer(s): Licensees and digital Internet consumer stores with which we have agreements for Distributing Recordings. (e) Album Release(s): Digital Distribution of multiple Recordings as a single album or extended play (EP), not exceeding one hundred (20) tracks. (f) Single Release(s): Digital Distribution of a single Recording as a single track. (g) Select Single Package: Digital Distribution of a Single Release to up to six (6) identified Retailers. (h) Select Album Package: Digital Distribution of an Album Release to up to six (6) identified Retailers. (i) Single Package: Digital Distribution of a Single Release to all current Retailers. (j) Album Package: Digital Distribution of an Album Release to all current Retailers. (k) Premium Membership Distribution: Digital Distribution of two (2) Releases per annual period to all current Retailers. (l) Essentials Release(s): Previously offered Digital Distribution of Recording(s) to specific Retailers. (m) Pro Release(s): Previously offered Digital Distribution of Recording(s) to specific Retailers.

16. Submission of Materials and Ownership:

Recordings and related information should be submitted via your Dashboard for Digital Distribution as Releases, considered User Content. You are responsible for obtaining necessary permissions, clearances, licenses, and authorizations for materials in your User Content. Compliance with the Recording Industry Association of America’s (“RIAA”) Parental Advisory Logo (“PAL”) Standards is mandatory.

17. Authorization:

In addition to the rights granted in the General Terms and Conditions, you authorize the Digital Distribution of all Recordings and usage of related materials to facilitate such distribution. This includes reproduction, promotion, advertising, market, sublicense, sale, public performance, display, and collection of income.

18. Distribution Service:

(a) We will submit your Recordings to Retailers for Digital Distribution as per your purchased Release type. We reserve the right to decline or discontinue distribution at our discretion. (b) Your Dashboard will display available Release types, subject to change. (c) Free International Standard Recording Codes (“ISRCs”) or Universal Product Codes (“UPCs”) are provided for use exclusively with our Distribution Service. (d) These Distribution Terms are subject to the terms and conditions of Retailer Agreements. Retailers may have policies related to fraud, illegal activities, or infringement, which you are responsible for investigating.  

19. Distribution Service Fees and Payment:

For each Release, you must pay applicable Service Fees following our policies. Fee schedules are available on the Site or your Dashboard and may change without notice. You are solely responsible for all associated charges, fees, duties, taxes, and withholdings.

20. Sales Proceeds:

(a) You will receive one hundred percent (100%) of actual receipts from the Digital Distribution of your Release(s) (“Sales Proceeds”). Sales Proceeds will be posted in U.S. Dollars to your  Thebigcomeup.com Credit Account. Non-U.S. Dollar Sales Proceeds will be converted to U.S. Dollars at prevailing spot rates. We reserve the right to deduct amounts owed from Sales Proceeds. We charge 10% of all sales generated. (b) In case of suspected fraudulent or infringing activities, we may take actions including takedown requests, forfeiting associated Sales Proceeds, charging additional fees, and disclosing User Content to relevant parties. (c) As we receive sales information from Retailers, it will be made available to you through your Dashboard. We will make reasonable efforts to provide this information promptly, but we are not responsible for errors or inaccuracies. (d) We and Retailers have the right to market, promote, advertise, and distribute Recordings for Digital Distribution promotional programs without payment obligations to you. (e) For certain Digital Distribution outside the U.S., Retailers may secure and pay for music publishing licenses. If a Retailer fails to make necessary payments, we may, at our discretion, make payments for required licenses, deducting them from amounts payable to you. (f) You agree not to use deceptive or fraudulent means to generate plays, downloads, purchases, streams, or other interactions with your Recording(s) for the purpose of generating invalid or fraudulent Sales Proceeds. We reserve the right to investigate and may disclose results to authorities or rights holders. These revised terms and conditions govern your use of The BigComeUp.com and its Digital Distribution Service. If you do not agree, refrain from using the services.

21. Termination:

(a) You can end your use of the Distribution Service as per the General Terms and Conditions. Once we receive your termination notice, and subject to our rights in Section 21(c) below, we may instruct Retailers to stop distributing and selling your recordings. No pre-paid fees for terminated recordings will be refunded. (b) If we terminate your use of the Distribution Service according to the General Terms and Conditions, and subject to our rights in Section 21(c) below, we may instruct Retailers to stop distributing and selling your recordings. You won’t receive reimbursement for pre-paid fees related to terminated recordings. (c) In case the Digital Distribution of any Release is terminated for any reason and you still owe Service Fees, we can retain the Sales Proceeds due to us for unpaid Service Fees. We’ll inform Retailers to stop distribution, and these Distribution Terms will end. If your Release hasn’t been taken down due to non-payment, and you wish to reactivate the Distribution Service, you can pay our reinstatement fee (unpaid Service Fees), if any. Once paid, your The big come up.com Credit Account will be reactivated, and subsequent Sales Proceeds will be credited to it. Reinstatement won’t release any retained payments to you. Upon reinstatement, you’re again responsible for all applicable Service Fees. Marketing and Promotion: You acknowledge that we and Retailers have the right (but no obligation) to market, promote, and advertise your releases. We don’t guarantee the extent of each Retailer’s distribution, minimum sales, payments under these Distribution Terms, or the marketing, promotion, or advertisement of your recordings by Retailers. Each Retailer has discretion in offering your recordings for sale. We and related parties are not liable for any incorrect or inaccurate information in connection with the Distribution Service. For Distribution Terms inquiries, contact support@thebigcomeup.com. © 2023 Luun Investments LLC. All rights reserved.

1.  RETURN OR DELETION OF DATA:

Upon the termination or expiration of the services provided under this agreement, we will, at your discretion, either delete or return, if feasible, all Fan Data that remains in our possession or control. However, this obligation does not apply in the following circumstances: (i) if retention of some or all Fan Data is required by applicable law; (ii) when we reasonably need to retain some or all Fan Data for limited operational and compliance purposes; or (iii) to Fan Data archived on backup systems. In such cases, we will securely maintain the Fan Data and protect it from any further processing. These EEA Data Processing Terms will remain in effect as long as we retain any Fan Data. COOPERATION: (a) We commit to providing commercially reasonable cooperation to assist you in responding to any requests from data protection authorities related to Fan Data processing. If such a request is directly made to us, we will not respond without your prior authorization, except when legally compelled. In case of a required response, we will promptly notify you and provide a copy of the request, unless legally prohibited. (b) If you lack the ability to independently correct, amend, delete, block, or restrict processing of Fan Data, we will, at your written direction and as required by GDPR, comply with any commercially reasonable request for assistance. You will bear any costs arising from our or our sub-processors’ assistance. We will promptly notify you if we receive a request from an individual data subject and provide commercially reasonable cooperation and assistance, as legally permitted. (c) We will provide written responses (confidentially) to all commercially reasonable information requests regarding our processing of Fan Data, including responses to information security reviews, necessary to confirm compliance with these EEA Data Processing Terms. You may exercise this right once per year. (d) If a law enforcement agency demands Fan Data, we may attempt to redirect them to request the data directly from you. If compelled to disclose Fan Data, we will give you reasonable notice, unless legally prohibited. Appendix 1 to the Standard Contractual Clauses Data exporter: The user of the Covered Services, utilizing and/or purchasing them from ReverbNation, authorizing Fan Data processing for providing the Covered Services. Data importer: ReverbNation, processing Fan Data upon the data exporter’s instruction in accordance with the EEA Data Processing Terms. Data subjects: Fan Data may include personal data transmitted by the data exporter using the Covered Services, determined at the data exporter’s sole discretion, potentially including any natural persons. Categories of data: Fan Data may include, at the data exporter’s sole discretion, categories such as names, usernames, email addresses, personal contact information, or any other Personal Data provided through the Covered Services. Special categories of data: None. Processing operations: Processing will be undertaken as necessary for www.thebigcomeup.com to provide the Covered Services to the data exporter, and as authorized by the EEA Data Processing Terms. Appendix 2 to the Standard Contractual Clauses Description of the technical and organizational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c): Thebigcomeup.com  maintains a security program with administrative, physical, and technical safeguards for protecting Fan Data from Data Breaches and ensuring confidentiality, integrity, and availability. These safeguards include:

• Authentication measures for secure credential management.
• Access controls limit access based on need-to-know.
• Encryption technologies for data protection.
• Monitoring systems, firewall, antivirus, and intrusion detection for security.
• Physical security measures to prevent unauthorized access.
• Training programs for workforce awareness.
• Data backup and disaster recovery procedures.
• Periodic assessment of threats and vulnerabilities to comply with GDPR.