Terms and Conditions

Effective date: July 1, 2015

These Payment Terms (the “Payment Terms”) set forth an agreement between you and The Smash Room LLC d/b/a The Smash Room Project (“The Smash Room”, “we”, “us” or “our”) with respect to the subscription services and other paid services made available by The Smash Room. The Smash Room Project’s website is located at www.TheSmashRoom.co (the “Site”). We collectively refer to the Site, the services, features, content and software applications, including the The Smash Room Project mobile application (the “Application”),  as the “Services.” These Payment Terms supplement the Terms and Conditions governing your use of the The Smash Room Project (the “Terms and Conditions”), which are incorporated here by reference. Any capitalized terms used in these Payment Terms and not defined here will have the meanings set forth in the Terms and Conditions.

You may only open a The Smash Room Project account and/or use the Services if your acceptance of these Payment Terms is not prohibited by applicable law. As noted in the Terms and Conditions, you must be 18 years of age or older in order to use the Services. If you are under age 18, you may not use the Services under any circumstances or for any reason. By opening an account, downloading the Application, and/or otherwise using the Services, you represent that you are at least 18 years old.

If you do not agree to these Payment Terms, you may not subscribe to the Services or otherwise obtain paid services (including access to the video library) made available by The Smash Room Project. By using any part of the Services, or by creating a user account, you signify your acceptance of these Payment Terms. You should review these Payment Terms each time you subscribe for, order and/or purchase any subscription or other paid services offered by The Smash Room Project. If we make amendments to these Payment Terms, we will post a notice on the Services. You will be deemed to have accepted these Payment Terms, as amended, if you continue to use the Services after said notice has been posted.

Paid services

Certain parts of our Services (including access to our video library) may be subject to payments now or in the future (the “Paid Services”).  Please note that any payment terms presented to you by us in the process of using or signing up for The Smash Room Project Paid Services are deemed part of this Agreement. You agree to pay for and authorize us to charge your payment method for the cost of Paid Services, including applicable taxes and fees.

Reaffirmation of authorization

Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method (defined below) the applicable subscription price, if any, for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to receive payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Free trials and other promotions

The Smash Room Project may provide you IF DECIDED with the option to enroll in a free trial offer of our Services. The free trial offer is governed by the Payment Terms, the Terms and Conditions, and the terms presented to you when you sign up for the offer.

Some of our free trial offers may convert to a paid subscription if you do not cancel before the free trial ends. In those circumstances, we may ask you to provide an applicable billing payment method to register for the free trial offer to the subscription service provided on or through the Services. You agree that The Smash Room Project may obtain a pre-authorization for the full subscription price that you will be automatically charged if you complete the free trial and continue the subscription service. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and you agree that The Smash Room Project will not be responsible for any results, such as an overdraft fee, that may occur to your account with a financial institution as a result of such authorizations. If you cancel your subscription during the free trial, you will not be charged for the subscription price. You authorize The Smash Room Project to continue your subscription until cancelled and, on a recurring monthly basis, to charge the payment method you provided the then-current monthly cost of your subscription if you do not cancel during the free trial period.

Any free trial or other promotion that provides access to a Paid Service must be used within the specified trial period. You must stop using a Paid Service and cancel your Subscription before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at info@thesmashroom.co

Your account

To use The Smash Room – as a paid subscriber or as part of an unpaid trial run — you will need to create an account and provide certain registration information. As per our Terms and Conditions, you acknowledge that you are responsible for keeping your account and password secure, with carefully restricted access. You agree to accept responsibility for all purchases and other activities that occur under your account. The Smash Room Project reserves the right to deny or cancel orders, and The Smash Room Project may, in its sole discretion, terminate or su

spend accounts. In the event that The Smash Room Project terminates your account due to a actual or suspected violation of the Terms and Conditions or Payment Terms, products and services purchased in according with these Payment Terms or Terms and Conditions may be forfeited without any refund.

Payment methods

The Smash Room Project accepts various forms of payment, as set forth on the Study Gateway Site from time to time. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to The Smash Room Project or submitting an order for other paid services offered through the Services, you authorize The Smash Room Project, or its designated payment processor, to charge the account you specify for the purchase amount. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. All payments are to be made in the currency designated by us.

Billing

We use a third-party payment processor (the “Payment Processor”) to bill the payment method you provide (your “Billing Account”) for use of the Paid Services . The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Recurring billing

If you enroll for subscription-based Paid Services, you authorize The Smash Room Project or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. When you initially subscribe to such Paid Services, you will be charged immediately for the initial period of the subscription at the then-current fee. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as specified on the Services. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

WE MAY SUBMIT PERIODIC CHARGES FOR SUBSCRIPTION-BASED PAID SERVICES (E.G., MONTHLY FEES) WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO  MY ACCOUNT.

Current information requirement

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR MY ACCOUNT PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

Auto-renewal for subscription services

Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your Subscription Services at any time, go to My Account or contact customer service at: info@thesmashroom.co.  If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Canceling paid subscriptions

To cancel an ongoing, paid Individual subscription, please go to My Account and follow the process described therein. Once you have cancelled your subscription, Study Gateway will stop billing you until and unless you re-subscribe under your account or any other. Any and all fees paid and charges made prior to cancellation or termination of your account are nonrefundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are nonrefundable.

For Group Subscription cancellations, please contact customer service at: or contact customer service at:  info@thesmashroom.co

Termination

If The Smash Room Project believes that you have violated these Payment Terms or the Terms and Conditions, we may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. All fees paid hereunder are non-refundable. The Smash Room Project  may also in its sole discretion, and at any time, modify or discontinue the subscription service, or any part thereof, with or without notice. You agree that The Smash Room Project is not liable to you or any third-party for any interference with, or termination of, your access to the subscription service.

We may also deactivate your account without notice to you if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the The Smash Room Project Site or Application.

Mobile use

The Smash Room Project is accessible on compatible mobile devices. An Internet enabled mobile device on which you have downloaded our applicable mobile Application is required. Standard data and usage charges instituted by your mobile carrier may apply (and are not included in any subscription fee paid to (The Smash Room Project) and you are solely responsible for such charges. Check with your mobile carrier regarding the terms of your individual data or usage plan.

Mobile use abroad

The Smash Room Project does use some data, and an Internet connection is required to download books. Most mobile carriers charge a fixed monthly price for data services, and the terms of your data plan may change when traveling abroad. Your carrier may charge additional fees or higher rates for data usage if you do not have an international plan. It is your responsibility to contact your mobile carrier before traveling to another country. The Smash Room Project is not responsible for any additional charges incurred when you use the Services abroad.

These Payment Terms, together with the Terms and Conditions and Privacy Policy, constitute the entire agreement between you and The Smash Room Project regarding your use of the Services. In the event of a conflict between these Payment Terms and the Terms and Conditions, these Payment Terms will govern.

For help with billing questions or other order inquiries, please email:  info@thesmashroom.co

Privacy Policy

Effective date: October 31, 2018

The Smash Room llc  ("us", "we", or "our") operates the www.thesmashroom.co  website and the the smash room or smash family mobile application (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. Our Privacy Policy for The Smash Room llc is managed through Free Privacy Policy.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Cookies and Usage Data

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.

  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

The Smash Room llc uses the collected data for various purposes:

  • To provide and maintain the Service

  • To notify you about changes to our Service

  • To allow you to participate in interactive features of our Service when you choose to do so

  • To provide customer care and support

  • To provide analysis or valuable information so that we can improve the Service

  • To monitor the usage of the Service

  • To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Smash Room will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

The Smash Room llc may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation

  • To protect and defend the rights or property of The Smash Room LLC

  • To prevent or investigate possible wrongdoing in connection with the Service

  • To protect the personal safety of users of the Service or the public

  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

RELEASE OF CONTENT For Producers and Creators

 

his agreement stands as a Release and Waiver for the following Materials:  All Photo(s), graphic(s), or other static artwork (2) Film, video, or other moving artwork (3) Music or sound recording(s) recorded or sent  for the purpose of The Smash Room   and all other associated names AKA (TSRP, THE SMASH ROOM COMPANY LLC, WEBSITE AND APP) . I, the undersigned, hereby grant to The Smash Room permission to use, reproduce, distribute, publicly perform or display, in any form now known or later developed, the Material specified in this Release and Waiver as identified above (the “Materials”), throughout the world, by incorporating them into publications on the smash room app, webstreaming, mp4, videotapes, and/or other media (the “Works”) or commercial, informational, or promotional materials relating thereto. I release, and hereby agree to indemnify, defend, and save harmless The Smash Room , its agents, employees, licensees and assigns (collectively, “Released Entities”) from any and all claims I, or any third party, may have now or in the future for invasion of privacy, right of publicity, copyright infringement, defamation or any other cause of action arising out of the use, exploitation, reproduction, adaptation, distribution, broadcast, performance or display of the Materials. I release, and hereby agree that all videos, sound recordings, and literature  sent via email  or storage device is and will be ok to use for The Smash Room .

I further agree to indemnify, defend, and hold harmless the Released Entities from and against any lawsuit or cause of action against the Released Entities based upon, arising out of, or otherwise relating to the Materials, including without limitation, any cause of action relating to copyright infringement. (Works will be used for ads and may have to be added to visual content)  I understand and agree that  I am of full legal age and have read this Release and Waiver and am fully familiar with its contents.


 

You grant The Smash Room LLC and all associated platforms under such name, a non-exclusive, transferable, sub-licensable, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

 

This will constitute as a  full master, mechanical, performance, video, film  and sync license for full use during the time period of content that is posted or embedded on the site www.thesmashroom.co

Term :   Artist grants a non‐exclusive license for all rights to the performance, video, film, Musical Work and Master Recording in  perpetuity

 

NOW, THEREFORE, in consideration of compensation the Publisher will receive from Licensee as more fully set forth below, and of the mutual promises made by the Parties hereto, and the mutual benefit anticipated by the Parties, it is agreed as follows:

  1. Grant of Synchronization License.

    Publisher grants to Licensee the non-exclusive license, privilege and authority to copy, sell, perform, edit and/or loop portions of, record on film or video and use the musical composition embedded in the Song in synchronization or timed relation in the Movie during the Term throughout the world in any medium or form, whether now known or hereinafter created. Publisher authorizes Licensee to use or cause to be used the aforesaid musical composition contained in the Song in conjunction with the Movie in any manner Licensee deems fit, including, but not limited to, the purpose of advertising and exploiting the Movie and the right to license, sell, and distribute the aforesaid musical composition in conjunction with Movie related events throughout the world and any medium or form, whether now known or hereinafter created. Notwithstanding the foregoing, the musical compositions contained in the Song licensed pursuant to this agreement shall not be distributed or exploited separately or independently of the Movie by the Licensee, except in compilations that include the Movie, in advertising for the compilation, or in connection with the Movie itself. The synchronization license is granted upon the express condition that the musical composition contained in the Song shall not be used to manufacture, sell, license, or exploit sound records or otherwise be used apart from the Movie by the Licensee. I waive any right to inspect or to approve any works that may be created using the Materials and waive any claim with respect to the eventual use to which the Materials may be applied.
     

  2. Publicity.

    Licensee shall have the right to publish, advertise, announce and use in any manner or medium, the name, sobriquet, biography and photographs or other likenesses of Publisher and Artist in connection with any exercise by Licensee of its rights hereunder. Furthermore, Publisher grants to Licensee the perpetual but not exclusive right to use, and to license others to use reproductions of Publishers’ or Artist’s physical likeness and/or voice for the purpose of advertising and exploiting any work embodying the Movie and the right to use any of the rights herein granted for commercial advertising or publicity (including endorsements) in connection with any product, commodity or service manufactured, distributed or offered by Licensee in connection with the Movie.
     

  3. Representations and Warranties.

    Publisher represents and warrants that: (i) Publisher is the Artist or legally represents the Artist; (ii) Publisher has the full right and authority to enter into this Agreement; (iii) Publisher exclusively owns or controls all copyright in and to the composition embodied in the Song or controls all other rights necessary to enter into and to fully perform this Agreement, (iv) Licensee’s use of the Song and the inclusion of the same in the Movie will not violate any rights of any kind or nature whatsoever, including but not limited to, copyright, trademark, patent or other intellectual property rights, of any person, firm, corporation, association, society or other entity; (v) in the case that Publisher has obtained third party consents,

 

  1. Miscellaneous.

    (a) Limitations of Agreement. The relationship of Licensee and Publisher hereunder is limited to the respective rights and obligations of the Parties specifically provided herein. Notwithstanding any provision of this Agreement to the contrary, nothing herein shall be construed to create a partnership or joint venture between the parties, to authorize either party to act as agent for the other, to permit either party to undertake any agreement for the other, or to use the name or identifying mark of the other, all except as it is specifically provided herein. Neither party shall be construed for any purpose to be an employee subject to the control and direction of the other.

    (b) Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Licensee and Publisher. Provided, however, that Licensee and/or any parties Licensee selects as licensees, partners, assignees or otherwise gives permission are authorized by Publisher to utilize the Song in accordance with the terms of the licenses granted herein and on an unlimited basis and without the payment of any fee to the Publisher. Neither party shall assign any rights nor obligations under this Agreement without the express written authorization of the other party.

    (c) Notices. Any notice, request, demand, waiver, approval or other communication which is required or permitted to be given hereunder shall be in writing and shall be deemed given if delivered personally or sent by telegram or telecopy (with transmission confirmed) or by certified or registered mail, return receipts required with postage prepaid, or by Federal Express or an equivalent overnight delivery service, addressed to the parties at their respective addresses as either party may designate in writing to the other. Such notice, request, demand, waiver, consent, approval or other communication shall be deemed to have been given as of the date so delivered, telegraphed, or telecopied, or on the fifth day after deposit in the United States mail or on the second day after deposit with Federal Express or an equivalent overnight delivery service.

  2. The parties agree as follows:  Recordings and Records.   Company seeks to license mechanical rights for multiple sound recordings of  Musical Works from Artist or Creator that has sign said agreement. Company will release a commercial product embodying the Artist’s original Songs  contained on a Master Recording, provided by the Artist.  Grant of Rights.   Artist grants to Company the following non‐exclusive rights to the underlying Musical Work (the  “Song”)  Master Recording:  • the right to manufacture copies of the Song and the Master Recording in any media now known  or later developed  • the right to sell, transfer, release, license, publicly perform, and otherwise exploit or dispose of  the Song and the Master Recording, in any media now known or later developed, and  • the right to edit, adapt, or conform the Master Recording to technological or commercial  requirements in various formats now known or later developed.  Term.   Artist grants a non‐exclusive license for all rights to the Musical Work and Master Recording in  perpetuity 

  3. Territory.   The rights granted to Company are worldwide  Right to Use Artist's Name and Likeness.   Company has the right to reproduce or distribute, in any medium, Artist's names, portraits, pictures,  and likeness for purposes of advertising, promotion, or trade in connection with Artist or the  promotion of the Master Recording..  Delivery of Master Recording.    Artist will deliver to Company the Master Recording according to industry standard specifications.  Production of Master Recording.   Artist will be responsible for payment of all expenses incurred in the production of the Master  Recording and will set the appropriate permission, clearance, or release from any person or union  who renders services in the production of the Master Recording



  4. (d) Governing Law. This agreement shall be governed by and construed in accordance with the laws of FLORIDA, DELAWAREwithout giving effect to its principles or conflicts of laws to the extent such principles or rules would require or permit the application of the laws of another jurisdiction. Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of FLORIDA, DELAWARE or of the United States District Court for the Southern District of  FLORIDA, DELAWARE. Any process in any action or proceeding arising out of or in connection with this agreement may, among other methods, be served by delivering or mailing the same by registered or certified mail, directed to the other party at the address first written above. Any such delivery or mail service shall be deemed to have the same effect as personal service within the State of FLORIDA.

    (e) Titles & Headings. Titles and headings to articles, sections, or paragraphs in this Agreement are inserted for convenience of reference only and are not intended to affect the interpretation or construction of this Agreement.

    (f) Severability. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. We reserve the right to amend this agreement at anytime.

    (g) Amendments. No amendments modifications or waivers to this Agreement shall be valid unless in writing and signed by all parties to the Agreement.

    (h) Entire Agreement. This Agreement constitutes the entire agreement between Licensee and Licensor with respect to the services provided hereunder. This Agreement supersedes all prior agreements, proposals, representations, statements or understandings, whether written or oral, concerning the services or the rights and obligations relating to those services. This Agreement shall not be contradicted, explained or supplemented by any written or oral statements, proposals, representations, advertisements or service descriptions not expressly set forth in this Agreement.

  5. FURTHERMORE The Smash Room Company has obtained partnerships with all required societies and agencies. This allows for all creators to be compensated properly in said fashion of royalties. Whether its performance, mechanical, or motion picture. If you have not created strategic partnerships, you the publisher or artist that has signed as owner of the creation will be liable. Liable to collect and make payments from your referral fee. Also by signing and accepting this agreement, you advocate that all creations are under your control and you have the permission to oversee and make decisions. Also if your songwriter, publisher, producer or anyone that has rights to the composition is not signed with a society or affiliate, the referral fee for influencer, creator, producer, artist, will be the clients, producer, creators responsibility to send out mechanicals. Bronze level will only be paid performance and mechanical royalties from BMI AND ASCAP. IF ANY SUCH PERFORMANCE OR MECHANICAL COMPANY OR AGENCY IS TO BE PAID THEN ARTIST OR PRODUCE WRITER MOVIE PRODUCERS AND ALL USERS WILL NEED TO SEND WRITTEN EMAIL TO INFO@THESMASHROOM.CO. THE SMASH ROOM WILL NOT BE HELD RESPONSIBLE FOR ROYALTIES THAT ARE NOT APPROVE PRIOR TO WRITTEN NOTIFICATION. Mechanicals will only be paid to the harry fox organization UNLESS NOTIFIED BY CREATORS OR PUBLISHER. All referral fees given to Gold and Platinum level users will be considered sound recording and mechanicals. Sound recording fees will not be given until The Smash Room has reach a specified amount of users designated by the smash room team.  Amendments. No amendments modifications or waivers to this Agreement shall be valid unless in writing and signed by all parties to the Agreement.

Contact Us

If you have any questions about this Privacy Policy, please contact us: