Know ahead of time to ensure complete satisfaction

Anywhere Artist’s Terms of Service

By using the web site and iOS app platform for Anywhere Artist (“Services”), owned and operated by Digital Media Interactive LLC, you (“the Artist”) are agreeing to be bound by the following Terms of Service.

Digital Media Interactive LLC will not be held responsible for any content made available by users of the Anywhere Artist iOS app platform service on their individual custom app.   Digital Media Interactive LLC reserves the right to modify the Terms of Service at any time without notice.  Any new features or upgrades to the current Services shall be subject to the Terms of Service. Continued use of the Services after any of these changes shall represent your agreement to these changes.  You agree to use the Services at your own risk.  Violation of any of the terms below will result in the termination of your Services including removal of your app from the Apple App Store. 

Basic Conditions

The Services are provided “as is”.  You must provide your legal full name, street address, phone number, valid email address, and any other information requested in order to complete the registration and development of your customized app.  You understand that any information sent to AnywhereArtist.com may be transferred unencrypted.  Data is submitted by the Artist via the Anywhere Artist Portal or by email in special cases.  Due to the various requirements of users, Anywhere Artist cannot ensure that your service will not be interrupted, or without defect.  Anywhere Artist will make a conscious attempt to fix any errors in the Anywhere Artist app platform that can negatively affect your Services.  Not all services and features, advertised or otherwise, will be available to all users.  Certain pre-existing services must be set up prior to use including, but not limited to, new feeds, video feeds, mailing lists, etc.  You authorize Digital Media Interactive LLC to use your non-personal submitted content in any form (excluding submitted music) for any purposes related to the Services or for website promotion and content.   You agree to not copy or distribute any data provided to you in binary, text, or other forms.  You may not use these Services for any illegal or unauthorized purpose.  We may remove your app from the Apple App Store at our sole discretion if any data contained within violates these Terms of Service or is found to be unlawful or inappropriate.  You are responsible for all content posted and activity that occurs within your app.  Use these Services at your own risk.

Technical support is only available via email to: support@anywhereartist.com

Liability

Under no circumstances will Digital Media Interactive LLC or its employees be liable to you or any third-party for any incidental, special, exemplary or consequential damages (including loss of use, business, data, or profits) or for costs of procuring replacement services, arising out of or in connection with the use of the Anywhere Artist Portal, Anywhere Artist iOS platform Services, including, without limitation, damages, or injury resulting from the conduct of any iOS user however caused and regardless of the theory of liability.  Digital Media Interactive LLC will not be liable for the results of any defects relating to the Anywhere Artist Portal, Services, or service interruptions.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

Ownership

You acknowledge and warrant that you have acquired all digital music and photography delivery licenses, mechanical and otherwise, from respective copyright owners required in development of your custom Anywhere Artist iOS app.  Your personal information, music, photos, and artist-related data submitted including intellectual property rights remain yours.  However, by using the Anywhere Artist app platform Services to create your iOS app platform custom app, you agree to allow others to view and share your content within the app.   Digital Media Interactive LLC has the right in their discretion to refuse or remove any content related to your Services.

Financial Terms

By using this service, your understand and agree to the fact that you will not receive compensation (royalties, commission, etc.) for the use of ANY data (music or otherwise) you provide for your app.  Further, you will not receive compensation of any kind for ad revenue acquired through contracts between Digital Media Interactive LLC and its ad content providers unless specified specifically in a legally binding contract.  Proceeds from music sales are handled through the independent services linked to from the app (e.g., iTunes, AmazonMP3.com, etc.).  Unless specified under a separate agreement, all apps will have a discreet ad banner above the main content.  No payments will be made between (either from or to) Digital Media Interactive LLC and the Artist in any form unless agreed upon by both parties for servicing fees related to app updates.  Any and all payments that may be required for app updates (e.g., adding a new album) or premium services (such as Tourism or TV Show / Movie apps) will be made through PayPal, check, or “cash” in United States Dollars.  The Anywhere Artist platform is provided to you as Services and not a sales item with nothing directly conferred to you; as such there are no taxes collected by Digital Media Interactive LLC.  If your tax law requires payment of taxes for services, you are responsible to make these payments on your own.  Digital Media Interactive LLC will make reasonable efforts to have your customized app approved by the Apple App Store.  We do not and cannot guarantee acceptance. Updating background images, music, built-in photos, links, and themes will require a full app update and additional servicing fees will apply per update.  This fee is constituted as “work for hire” and does not bind Anywhere Artist to extending any long term agreement that would change any of the above mentioned requirements.  This fee is subject to change.  Digital Media Interactive LLC may issue an update to the Anywhere Artist iOS app platform which may add, modify, and/or remove features from the Services.  These updates if necessary for proper function of your Services will be made automatically with or without your notice.  Upgrades to add new features or functionality will be available upon writing by email from the user for a fee.  New feature updates may be completed complimentarily if performed in conjunction with a necessary bug fix if/when they arise.  Anywhere Artist reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.  Digital Media Interactive LLC shall not be liable to you or to any third party for any modification, price change for future clients, suspension or discontinuance of the Services. 

Cancellation

You are solely responsible for canceling your account. Account cancellation requests are only accepted in writing and must be submitted by email to support@anywhereartist.com.  Your content will be deleted from the Services upon cancellation and cannot be recovered.  Digital Media Interactive LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason at any time.  Anywhere Artist reserves the right to refuse service to anyone for any reason at any time.

Terms of Development

The Artist hereby retains Digital Media Interactive LLC and Digital Media Interactive LLC hereby agrees to perform the following Services:


-  Digital Media Interactive LLC will complete the following:

-Design and submission to the Apple App Store of a customized version of the Anywhere Artist iOS app platform (“the Custom App”) with the Artist’s data (i.e. music, photos, news, biographical information, links, destinations, events, etc.).

-  This will include the following required sections:

1.Dashboard

2.Music

3.News

4.Photos

5.Biography

6.Links

  1. 7.Contact

  2. 8.Discover

9. Share With Friends

  1. 10.About

  2. 11.Settings

      - And the following optional sections:

12. Facebook

13. Videos

14. Press

  1. 15.Store

  2. 16.Join Mailing List

  3. 17.Games

  4. 18.Sleep

  5. 19.Attractions

  6. 20.Hotels

  7. 21.Dining

  8. 22.Synopsis

  9. 23.Cast

  10. 24.Trailer


As well as the sub-sections found therein.


Some of the above mentioned services will be limited for Artists who enroll in the Anywhere Artist Compilation plan including services that would not normally be required for a group of artists.


        -  The Artist will provide the following:

1.All music, images, graphics, text, etc. to be used in the Custom App.

2.Initial setup biography information.

3.Links to, and/or user names for services used within the Custom App such as ArtistData.com blog, shows, and news feeds, Flickr photo albums, twitter feeds, YouTube feeds, etc.


        -  Time Detail:

1.Anywhere Artist will begin the development of the Custom App upon submission of your necessary content to the Anywhere Artist Portal.


2.The Custom App will be completed and ready for submission to the Apple App Store within two weeks of Digital Media Interactive LLC having received all of the necessary content from the Artist.


3.Digital Media Interactive LLC will submit the Custom App to the Apple App Store once the Artist has approved a proof of the work via screenshots in the Anywhere Artist Portal.


4.Digital Media Interactive LLC will not be held responsible for development delays resulting from the Artist’s own errors or delays in delivery of data.


-  The following fees shall apply after approval of the Custom App by the Apple App Store:

Servicing fee for any app updates to change built-in content.

Servicing fee to update the app when new features are added. (This fee may be waived)


Agreeing to these Terms of Service creates a confidential relationship between Digital Media Interactive LLC and the Artist. Information concerning Digital Media Interactive LLC’s and/or the Artist’s business affairs, vendors, finances, properties, methods of operation, computer programs, employees, documentation, and other such information whether written, oral, or otherwise, is confidential in nature. Anywhere Artist, the Artist and employees of both will adhere fully to this confidentiality agreement.


This shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the State of Nevada.


This represents the full understanding between the parties and there is no other agreement, oral or written, between them, and that this agreement may not be modified without an agreement in writing signed by the party to be charged. This agreement is in effect until written notification of termination from either party.


All notices or other documents under these Terms of Service shall be by email to Digital Media Interactive LLC and the Artist to their last known email address.


Digital Media Interactive LLC will retain the rights to all source code files and binaries submitted to the Apple App Store for development and distribution of the Custom App including their copyrights.  The Artist will retain all rights to his/her/their submitted data.  The Artist’s submission does not give any ownership of the Anywhere Artist iOS app platform or the Custom App to the Artist and is merely intended to promote the Artist to users in the Apple App Store and connect them to Artist’s revenue sources.


Questions about the Terms of Service, contact us at: contact@anywhereartist.com

Still unsure about Anywhere Artist or have an unanswered question, please email us at: contact@anywhereartist.com


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