Terms of Service

Last Modified: 9th February 2022

By accessing or using the Service provided by Punk Head (us, our, we), you agree to be bound by these Terms of Service. If you disagree with any part of the terms then you may not access the Service and should terminate the usage.

General

Artist seeking content creation and promotion services may upload their work/s and information to the form provided as described on the website. Work/s may include links to audio and/or audiovisual recordings, videos, compositions, lyrics, photos, existing reviews and quotations, social media materials, and any other materials relevant to the Artist and of potential interest to the content curator and the wider public.

Any materials submitted to us will not be returned.

By uploading and submitting their work/s to the website and our designated email address, the Artist is granting Punk Head the non-exclusive right to use the Work/s for the purposes of content creation and promotion. Such rights include the right to use the Artist’s name/s, image/s, and all materials embodied in the Work/s for the purposes of content creation and promotion or procuring content creation and promotion. By uploading Work/s the Artist is also granting Phork the right to store the Work/s and undertake minor alterations and creative modification of the Work/s for the purpose of procuring content and promotion. (for example, without limitation, by the way of designing a blog post, producing a podcast, editing an interview).

By uploading Work/s to the Website and submitting to our designated email address, the Artist is warranting that they have the full right and permission to upload such Work/s (and all parts thereof) and to grant the rights to Punk Head. The Artist hereby warrants that the Work/s will not infringe the rights of any third parties (including copyright and/or trademarks) and hereby fully indemnify and holds harmless Punk Head from any breach by the Artist from any and all damage and liability (including legal fees) arising from any breach by the Artist of any warranty herein contained.

Artists may request (by contacting Punk Head in writing) that Punk Head should delete any content relating to the Artist/s Work/s. Punk Head will undertake such deletion within 30 days of such notice.

Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Service, you are not authorized to copy, print, and distributed (and modify) the content on our Website and/or our social media. If it is indicated in the relevant content, you may be authorized to copy (but not modify) such content provided by (i) such use is for informational, noncommercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution associated with the content.

You acknowledge that we may use your personal information and data according to our Privacy Policy and Cookie Policy, which are incorporated herein by this reference. You hereby agree to the terms of our Privacy Policy, including any obligations imposed on you therein.

We reserve the right to deny service and cancel an order for any reason.

By uploading and submitting content, you agree:

Any information and/or materials uploaded, displayed, or transmitted by you through or to our Website and/or social media are not offensive, defamatory, obscene, or unlawful, and do not breach or infringe the rights (including copyright) of any person, firm, or corporation anywhere in the world;

Not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of our Website nor attempt to transmit to or via our Website any information that contains a virus, worm, Trojan horse, or another harmful or disruptive component;

Not to send ‘spam’ email or any unsolicited correspondence which is unrelated to our business to any addresses made available on our Website;

Not to change, modify, delete, interfere with, or misuse data contained on our Website entered by or relating to any third-party user of the same.

If we suffer loss owing to a breach by you of these terms of use, you agree to indemnify us for any such loss.

Intellectual Property Law

Unless otherwise indicated, the content on our Website and social media is provided by Punk Head (hereinafter also referred to as “we” and/or “us”) and/or another entity affiliated with us.

Our Website and social media and their contents are protected by copyright, trademark, and other laws of the United States and/or other jurisdictions. We and our licensors reserve all rights not expressly granted in these Terms of Service.

The Punk Head name, logo, and local language variants of the same that appear on our Website and social media (collectively, the “Punk Head Marks”) are trademarks or registered trademarks and/or embody reputation and goodwill. Except as expressly provided in these Terms of Use, you shall not use any Punk Head Marks either alone or in combination with other words or design elements, including in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual, or any other form.

References to other parties’ trademarks on our Website and social media are for identification purposes only and do not indicate that such parties have approved our Website and/or our App or any of its contents. These Terms of Service do not grant you any right to use the trademarks of other parties.

Disclaimers and Limitations of Liability

Our website is provided as is, and we make no express or implied representations or warranties regarding either of them. Without limiting the foregoing, we do not warrant that our Website will be secure, error-free, free from viruses or malicious code, or will meet particular criteria or performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

Certain links on our Website and social media may lead to websites, resources, or tools maintained by third parties over whom we have no control. Without limiting any of the foregoing, we make no express or implied representations or warranties whatsoever regarding such websites, resources, and tools, and links to any such websites, resources, and tools should not be construed as an endorsement of them or their content by us.

In the event that we fail to provide a service or in any other way failed to comply with the terms of its offer to the Artist, Punk Head shall refund any sums paid to Punk Head by in respect of the Artist expressly waives the right it may have to any other remedy or action for damages in respect of such noncompliance.

The above disclaimers and limitations of liability are applicable to the fullest extent permitted by law, whether in contract, statute, tort (including without limitation, negligence), or otherwise.

Additional Terms

If any portion of these Terms of Service is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Service shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Service shall remain in full force and effect.

These Terms of Service are governed by US law and the California courts all have the sole jurisdiction to hear any legal action arising between us and you.

We may revise these Terms of Service at any time at our sole discretion by posting such revised Terms of Service at the Terms of Service link within our Website. Such revisions shall be effective as to you upon posting unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Service by checking our Website as applicable. Your continued purchase following changes to these Terms of Service constitutes your agreement to the revised Terms of Service.