Terms of Use & Performance Agreement

Spacebar, Inc. (Spacebarwe or us) offers its audio streaming of shows and other performances (each, a Performance or Show) on the following terms and conditions. By registering and beginning any stream or broadcast using Spacebar, you indicate your acceptance to these terms. This agreement supplements and incorporates Apple’s End User License Agreement applicable to all apps distributed through the Apple App Store, and Spacebar’s Privacy Policy, in each case as they may be updated and published from time to time.

Date of this Agreement

The effective date of this Agreement shall be the date on which the Performance is streamed with Spacebar by an Artist or by a Venue (each as defined below), and the Agreement shall be the form of Agreement in effect on such date. This Performance Agreement may be amended from time to time, and it covers a single broadcast Performance by the Venue and Artists participating in such Performance.

Spacebar helps musicians by providing a channel for listening to live music. Listeners hereby agree they will not record, copy or distribute any Spacebar audio stream. To broadcast on Spacebar, you hereby agree you will not broadcast (1) any act, musician or artist without first obtaining their consent, or (2) pre‐recorded music, or (3) any other content to which you do not have the rights or permissions to broadcast.

If you are an Act, Musician or Artist (collectively, Artist)

You are authorizing Spacebar to stream your live Performance, audio only, via the Internet; and you represent to us you have the authority to grant Spacebar this permission, and no other permissions are required.

If you are a club, venue, festival or other qualifying host (collectively, Venue)

You are authorizing Spacebar to stream one or more more live performances from your stage or other performance area, audio only, on dates selected by you; and you represent to us you have the authority to grant Spacebar this permission, and no other consent or permission is required. If requested by the Artist, you authorize Spacebar to plug into your mixing or soundboard with ordinary cables and stream over your business wi‐fi or similar network, and/or to allow the performing Artist to stream their performance or act.

1) Funds Distribution — Performances approved by the performing Artists and host Venue

The Artist or Venue advises Spacebar whether the performance shall be free for listeners, or purchased with a ticket price. For ticketed shows, typically Spacebar allows listeners to sample up to ten minutes of the Performance free as a preview. After that time, listeners may be asked to pay to listen to some or all of the remaining Performance. Because Spacebar is currently distributed via the Apple App Store, and Apple handles the payment processing for listeners and Spacebar, Apple retains 30% of each ticket price. The remaining 70% of each audio ticket’s funds is sent to Spacebar, and Spacebar agrees to distribute those funds (net of any refunds) as follows, as soon as reasonably practicable after the Performance and our receipt of such funds from Apple (typically a few days):

  • 10% reserved for payment of any performance rights obligations associated with streaming Performances to listeners;
  • 20% to the performing Artist, to be sent via Paypal to the email address associated with the registration;
  • 20% to the participating Venue, if any, typically to be sent via Paypal to the email address associated with the registration; and
  • 20% to Spacebar.
2) Funds distribution — Performances approved by Artists for shows in the United States, where there is no host Venue

Typically Spacebar allows listeners to sample up to ten minutes of the Performance free as a preview. After that time, listeners may be asked to pay to listen to some or all of the remaining Performance. Because Spacebar is currently distributed via the Apple App Store, and Apple handles the payment processing for listeners and Spacebar, Apple retains 30% of each ticket price. The remaining 70% of each audio ticket’s funds is sent to Spacebar, and Spacebar agrees to distribute those funds (net of any refunds) as follows, as soon as reasonably practicable after the Performance and our receipt of such funds from Apple (typically a few days):

  • 10% reserved for payment of any performance rights obligations associated with streaming Performances to listeners;
  • 40% to the performing Artist, typically to be sent via Paypal to the email address associated with the registration; and
  • 20% to Spacebar.
3) Funds distribution — Performances approved by Artists for shows outside of the United States, where there is no host Venue

Spacebar in the future expects to allow Artists in Performances outside of the United States to offer listeners to purchase audio tickets, receive tips, and to engage in a revenue share similar to what is described above. At this time, however, Artists performing outside of the United States without a participating and qualifying Venue are not eligible to receive a distribution of funds for their Shows, or receive tips. Artists are eligible to secure new Likes for their Facebook Page or Followers on Twitter, but should proceed knowing the broadcast their music is a “free show.”

4) Funds distribution — Tips

Artists in (1) Performances approved by the performing Artists and host Venue, and (2) Performances approved by Artists for shows in the United States, where there is no host Venueare eligible for gratuities via Spacebar’s “Tips” button. Because Spacebar is distributed via the Apple App Store, and Apple handles the payment processing for listeners and Spacebar, Apple retains 30% of each tip. The remaining 70% of each tip is sent to Spacebar, and Spacebar agrees to distribute those funds (net of any refunds) as follows, as soon as reasonably practicable after the Performance (typically a few days):

  • 10% reserved for payment of any performance rights obligations associated with streaming Performances to listeners
  • 10% retained by Spacebar; and; and
  • 50% to the performing Artist, typically to be sent via Paypal to the email address associated with the registration.
5) Funds distribution — Alternative arrangements

The foregoing payment structures, or allocations among the parties, may be modified upon the recommendation of the Artist, Venue or Spacebar. For example, the artist or venue may wish that their share of funds be paid to a charitable organization, or that the Venue’s share of the proceeds be paid to the Artists.

No other funds distribution required by Spacebar

If you, as a registered Artist or Venue, have obligations to share your Spacebar proceeds with another (such as to a publisher or promoter), you have sole responsibility to make such payments and Spacebar shall have no liability for distributing the funds further, or investigating whether any other person has rights or a claim on your share of the distribution.

Artists and Venues are responsible for any taxes and other financial obligations associated with receiving funds from their performances from Spacebar.

Spacebar is not responsible for other charges

Spacebar is not responsible for data or roaming charges, text message charges, or any other expenses, if any, incurred by the Artist or Venue. Spacebar reserves the right to deduct Paypal transfer fees from the funds distributed to Artists and Venues.

Copies of the Live Audio

We may maintain a copy the performance for internal audio and user quality improvement purposes, or for limited marketing and promotional purposes for sites such as Spacebar’s web properties, or for rebroadcast from time to time with the Artists’ approval, or for demonstrations of the acts within the app. If requested by the Artist or Venue, Spacebar may offer a digital copy, as is, to the Artist or Venue, or replay it for a limited time. Spacebar will not otherwise sell or distribute any Performance without express written permission from the Artist.

IP Rights

Except for Spacebar’s right to audio stream these Performances, Spacebar will not own or have any rights to any Performance. Likewise, you will not own or have any rights in Spacebar’s intellectual property.

Limited use of your name and image

Spacebar may identify you as a Spacebar participating Artist or Venue and briefly describe you and this Performance on Spacebar’s app and website, user information and marketing materials.

Your compliance with laws and decency

Spacebar assumes its users are respectful of the listening communities and agrees to comply with all laws regarding use of profanity and common‐sense standards of decency and respect to those listening. Some listeners are expected to be below the age of 18, below the permitted drinking age, come from different cultures and backgrounds, and are brought together only to enjoy live music. Harassment or abuse will not be tolerated, and Spacebar reserves the right to report and enforce any violations.

Right to delete any broadcast and ban any user

Spacebar, in its discretion, for any reason, may remove or refuse to transmit any broadcast or stream at any time, and ban any Artist or Venue from streaming again, with or without notice. Let’s be nice to each other, please.

Venue and Artists Restrictions

Spacebar reserves the right, in its discretion, to use its own criteria to determine whether a musician, artist, act, or club, venue, festival or other qualifying host may be a participating Artist or Venue. Such criteria may include: the venue’s wifi reliability and results of upstream speed‐tests with its broadband installation, Spacebar listener feedback, the number of likes and/or followers the artist or venue has on social media sites, and such other criteria we develop internally from time to time. Acceptance as an Artist or Venue for a Show is no guarantee of acceptance by Spacebar for any later show.

No assurances

You understand that: (a) the Service may not operate properly, be in final form or fully functional; and (b) the Service may contain errors, design flaws or other problems. Spacebar gives no representation that an Artist or Venue will earn any money from streaming if the wifi or stream is interrupted, or if listeners complain or request refunds. Any listener approved refunds will be deducted before distribution of the net proceeds.

Amendments

Spacebar may amend this agreement from time to time. Any such amended agreement will apply to Shows entered into on or after the effective date of this agreement, as so amended.

This agreement may be cancelled by Spacebar for any reason. You may cancel this agreement for any reason by uninstalling the Spacebar app and discontinuing its use. This Agreement shall be governed by California, United States law without regard to conflict of law provisions.

Last revised September 28, 2013