Terms and Conditions
Alanda LTD. dba BUTTER Music and Sound (“BUTTER”) provides this website, gimmebutter.com,
and a newsletter currently titled, “BUTTER Newsletter” and delivered by email to subscribers on
a monthly basis (the “Newsletter”) (together, the website and the Newsletter may be referred
to as the “Website”) for informational purposes.
By accessing the website, you accept these Terms and Conditions of use and Privacy Policy, as
may be amended from time to time, without limitation or qualification. If you do not wish to be
bound by these Terms and Conditions, please refrain from further use of the website.
All Content is Protected by Copyright Laws
Images, text, software, documentation, electronic text and image files, audio and video files
and clips, and other materials on the Website are protected by copyright laws and may be
covered by other restrictions as well. BUTTER retains all rights it may hold, including copyright,
in data, image, text, and any other information contained in these files. Copyrights and other
proprietary rights in the material on the Website may also subsist in individuals and entities
other than, and in addition to, BUTTER. BUTTER expressly prohibits the copying of any
protected materials on the Website.
Commercial Use is Restricted
Unauthorized publication or exploitation of BUTTER’s files is specifically prohibited. Anyone
wishing to use any of these files or images for commercial use, publication, or any other
purpose must request and receive prior written permission. All requests to reproduce content
from the Website should be made with info@gimmebutter.com.
Reservation of Rights
All rights not expressly granted by BUTTER herein are specifically and completely reserved.
Nothing on the Website or in these Terms and Conditions grants, expressly or implicitly, by
estoppel or otherwise, any right or license to use any content or property of any third party, or
may be construed to mean that BUTTER has authority to grant any right or license on behalf of
any third party.
Trademarks
The names, titles, trademarks, service marks, and logos of third parties on the Website from
time to time are registered and unregistered marks of those third parties; you may not use
these trademarks without prior, written permission of their respective owners. You
acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel
or otherwise, any right or license to use the BUTTER logo or may be construed to mean that
BUTTER has authority to grant any right or license on behalf of any third party trademark
owner.
No Unsolicited Material
Do not submit any Unsolicited Material in any form to Butter or any of its agents or employees.
Butter has a strict policy against accepting or considering any unsolicited sound recordings,
musical compositions or any other creative work (“Unsolicited Materials”) submitted to us or
any of its agents or employees. You should not use this website or information obtained
therefrom to submit Unsolicited Materials to Butter or any of its agents or employees via any
means (including, without limitation, via mail, email, dropbox, google drive or any other cloud-
based or electronic services, etc.).
If despite our policy, you choose to still submit Unsolicited Materials, then regardless of
anything to the contrary stated in your Unsolicited Materials, the following terms shall apply
to your submission.
Terms of Unsolicited Submission which, by making such submission, you acknowledge your
agreement to:
- You acknowledge that you are making this submission voluntarily, and Butter has
no obligation of any kind in connection with the Unsolicited Material.
- You represent and warrant that you are the sole and exclusive creator, author and
owner of the Unsolicited Material, and that to your knowledge no one else has any right
to the Unsolicited Material.
- You agree that your submission of Unsolicited Material and the underlying musical
composition will automatically become the property of Butter without any
compensation to you and you hereby assign the full right to use the Unsolicited Material
and that Butter will have all rights to subsequent development or use of the Unsolicited
Material. You hereby waive any right or approval, any claim to compensation or benefit,
any claim to further use of the Unsolicited Material, or anything derived from the
Unsolicited Material, and any claim arising out of any use of the Unsolicited Material,
other than as may be subsequently agreed upon in writing.
- You acknowledge that other persons including other Butter employees may have
submitted to Butter or to others or made public, or may hereafter originate and submit
or make public, similar or identical material which Butter shall have the right to use, and
you understand that you will not be entitled to any compensation in the event
of Butter’s use of such other similar or identical material.
- You agree that Butter may use or redistribute the Unsolicited Material and its
contents for any purpose or in any way.
- You agree there is no obligation for Butter to review your submission of Unsolicited
Material.
- You agree there is no obligation to keep any submission of Unsolicited Material
confidential.
- You release Butter, its subsidiaries and assigns, and any of Butter’s employees or
agents, from any liability, loss damage which may arise as a result of Butter’s access to
the Unsolicited Material. You acknowledge and agree that Butter is not obligated to
return the Unsolicited Material to you.
Lastly, Butter urges you to be aware of individuals who falsely claim to be affiliated
with Butter and seek money from artists in return for submissions. It is against Butters policy
for any employee to accept payment in return for submitting music to Butter and any such
solicitations, even in the event they come from persons who ultimately turn out to be
employees, agents or otherwise of Butter, are soliciting such submissions without the
permission or authority of Butter, and that such solicitations, in the event that they are made
by Butter personnel, are beyond the scope of services of any and all employees, independent
contractors, agents, officers, directors and otherwise of Butter. Accordingly, to the fullest
extent permitted by law, Butter disclaims any liability for such solicitations.
Protection of Privacy
BUTTER is committed to protecting the privacy of its Website visitors in accordance with
applicable laws and regulations. BUTTER collects and stores aggregated, anonymized or
pseudonymized information about your activity on and interaction with the Website, such as
your IP address, the type of device or browser you use, and your actions on the Website. If you
sign up for the Newsletter, BUTTER also collects and stores your email address. BUTTER does
not collect and sell your information for commercial purposes.
BUTTER uses the information it collects for the following purposes:
- To track and analyze use of the Website so BUTTER can provide users with the best
experience possible.
- To communicate with you via the Newsletter.
- BUTTER will indefinitely retain the aggregated, anonymized or pseudonymized
information BUTTER collects from you to protect the safety and security of the Website,
improve the Website, or comply with legal obligations. BUTTER will also retain your
email addresses for as long as you are subscribed to the Newsletter. You will always
have the opportunity to unsubscribe from future Newsletter correspondence.
BUTTER may share the information with certain trusted third-party services to help provide,
improve, promote, or protect the Website or the Newsletter. When BUTTER shares information
with third-party services that support its delivery of the Newsletter, BUTTER requires that they
use your information only for the purposes BUTTER has authorized, and that they protect your
information at least to the same standards BUTTER does. BUTTER may also share information
that has been aggregated and anonymized in a way so it does not directly identify you.
BUTTER may include links to other websites whose privacy practices may differ from BUTTER’s.
When you use a link to an external website or service, the privacy policy and data processing
disclosures for that website or service governs.
Residents of the European Economic Area and Switzerland are afforded certain rights regarding
their personal information. Except where an exception or exemption applies, these rights
include the ability to request access, corrections, and deletion of personal information. While
these rights are not applicable globally, all Website users can request access to access to,
the correction of, or the deletion of their email addresses collected in connection with the Newsletter. Such
requests should be directed to info@gimmebutter.com.
Links to Third-Party Websites
BUTTER has not reviewed all the websites or services linked to or from the Website. BUTTER
provides these links as a convenience and linking to any third-party websites or services is at
the user's own risk. A link does not imply endorsement or affiliation with the linked website by
BUTTER. BUTTER has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third-party websites or services. You further acknowledge and
agree that BUTTER shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use of or reliance on any such
content, goods or services available on or through any such websites or services. BUTTER
strongly advises you to read the terms and conditions and privacy policies of any third-party
websites or services that You visit.
Disclaimer
BUTTER provides the website on an “as is” basis. Your use of the website or its contents,
including, but not limited to, the newsletter, is at your own risk. BUTTER disclaims all warranties
of any kind, whether express or implied, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose, copyright or trademark ownership and/or
noninfringement of copyrights or other third party proprietary rights. BUTTER does not warrant
that the website will provide continuous, prompt, secure, or error-free service. BUTTER makes
reasonable, ongoing efforts to revise and update the website, but assumes no liability for any
errors or omissions, including the inaccuracy of content, or for any damages or losses that you
or any third party may incur as a result of the unavailability of the website. BUTTER assumes no
responsibility, and shall not be liable for, any damages to your computer equipment or other
property arising from your use of the website, including but not limited to the reproduction of
the website’s content or the newsletter.
Limitation of liability
Neither BUTTER, its affiliates, directors, officers, employees, or agents will have any liability for
any damages, including, without limitation, any direct, indirect, incidental, compensatory,
punitive, special, or consequential damages (even if pentagram has been advised of the
possibility of such damages) arising from or related to your use of the website and/or its
contents, including, but not limited to, the newsletter.
Modifications to /Discontinuance of the Website
Butter reserves the right to modify or discontinue the website or newsletter with or without
notice to you. Butter will not be liable to you, or any third party should we exercise our right to
modify or discontinue the website. If you object to any such changes, your sole recourse will be
to cease access to the website. Continued access to the Site following notice of any such
changes will indicate your acknowledgment of such changes and satisfaction with the website
as modified. You agree that Butter, in its sole discretion, may immediately terminate your
access to the website, at any time, for any reason, in our sole discretion. YOU AGREE THAT WE
WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS
TO THE WEBSITE.
Indemnification
By using the Website in any manner, you represent and warrant that your use will be consistent
with these Terms and Conditions. You agree to indemnify, defend, and hold BUTTER, its
affiliates, directors, officers, employees, and agents harmless from all claims, causes, costs,
expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and
damages arising from or relating to your use of the Website.
Venue and Choice of Law
The Terms and Conditions and any counterparts, amendments, or revisions thereto will be
governed and construed in accordance with the laws of the State of California, without regard
to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out
of, in connection with, or related to the Terms and Conditions will be brought in any Federal or
State court located in Los Angeles County and the State of California, and you hereby waive any
objection that you may have to personal jurisdiction in these courts.
Entire Agreement; Severance; Waiver
These Terms and Conditions incorporate by reference any notices on the Website and/or
Newsletter and constitute the entire agreement regarding user access to the Website. If any
provision of the Terms and Conditions -is deemed unlawful, void, or unenforceable, that
provision will be severable from the remaining provisions and will not affect their validity and
enforceability. BUTTER’s failure to enforce a provision on any occasion will not be construed as
a waiver of such provision.