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.

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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:

• By email: info@thesmashroom.co