WEBSITE TERMS AND CONDITIONS OF USE

LAST UPDATED: March 15, 2025

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. 

These terms and conditions (“Terms and Conditions”) govern your access and use of the websites (collectively, the “Website”) operated by Black Moon Media, LLC, consisting of Black Moon Media, LLC and all of its affiliates, subsidiaries, record labels, and publishing companies (collectively, “Black Moon Media, LLC,” “we,” “us” and “our”). By accessing or using the Website, you are agreeing to these Terms and Conditions. If you do not agree to these Terms and Conditions or the Privacy Policy (as defined below), you must not access or otherwise use the Website.

We reserve the right to change the Terms and Conditions at any time in our sole discretion. Changes to the Terms and Conditions will not be applied retroactively. When changes are made, we will post them on the Website and you will see the words “Last Updated” with the date of last update at the top of this page. We encourage you to review these Terms and Conditions from time to time for any changes. You agree that your use of the Website after such changes are posted on the Website will constitute your acceptance of such changes and your acceptance of these Terms and Conditions.

PROPRIETARY RIGHTS

The Website and all material on the Website, including but not limited to audio, video, photographs, illustrations, displays, lyrics, software, etc., and the design, selection, and arrangement thereof (the “Content”) is the sole and exclusive property of Black Moon Media, LLC, its licensors, and/or other providers of such Content. The Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws.

You agree not to reproduce, duplicate, modify, copy, sell, resell, create derivative works of, or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Black Moon Media, LLC in writing. You hereby acknowledge and agree that, as between Black Moon Media, LLC and you, all right, title, and interest in and to the Website and the Content, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Black Moon Media, LLC, its licensors, and/or other providers of such Content. Use of the Website or the Content in any way that is not expressly permitted by the Terms and Conditions is prohibited and may be actionable under United States or international law.

TRADEMARKS

The trademarks, tradenames, logos and service marks (collectively, “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Black Moon Media, LLC. Trademarks of third parties may also appear on the Website. Nothing contained on the Website should be construed as granting any license or right to use any Trademark appearing on the Website without the prior written approval of Black Moon Media, LLC or the third party that may own the applicable Trademark. Unauthorized use of any Trademark appearing on the Website is prohibited and may be a violation of federal, state and/or international trademark laws. We expressly reserve all rights in and to such Trademarks.

PRIVACY POLICY

Use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions. By using the Website, you hereby acknowledge the Privacy Policy and expressly agree to be bound by its terms.

WEBSITE USE AND USER CONDUCT

So long as you agree and comply with these Terms and Conditions, and unless these Terms and Conditions are otherwise terminated by Black Moon Media, LLC, Black Moon Media, LLC grants you permission to view and use the Website and the Content for your personal, non-commercial use. You may not duplicate, publish, modify, reproduce, distribute, perform, or create derivative works from any part of the Website, its design or layout, or the Content unless expressly authorized by Black Moon Media, LLC in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Other terms may apply to some products or services offered on the Website and may be posted in connection with the applicable product, service, feature, or activity. Any such other terms are in addition to the Terms and Conditions, and in the event of a conflict, any such other terms shall prevail. If Black Moon Media, LLC makes software available to you for download, your download and use of such software shall be subject to a separate license agreement. Your view and use of the Website and the Content is at your own risk, including the risk that you might be exposed to content that is offensive, inaccurate, or objectionable.

You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not:

(a) damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it;

(b) use any “robot”, “bot”, “spider”, “scraper” or other automatic device, program, tool, algorithm, code, process, methodology, or other means to access, obtain, record, capture, copy, reproduce, scrape, or otherwise interact with any Content, files, information, or other data on the Website, including but not limited to analyzing text and data to generate information such as patterns, trends, and correlations, in each case, except to index the Website or the Content for a search engine that directs users to the Website or Content;

(c) use any manual process to monitor or copy any of the Content or the Website for any purpose that is prohibited, expressly or implicitly, by these Terms and Conditions;

(d) use any device, software, or routine that interferes with the proper working of the Website;

(e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website or Content;

(f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the Content, the server on which the Website or Content is stored, or any server, computer, or database connected to the Website or Content;

(g) attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

(h) upload, post, or transmit any material that (i) contains copyrighted or other proprietary material of any kind; (ii) advertises or promotes any goods or services; (iii) contains a virus or other harmful files; (iv) is threatening, harassing, degrading, hateful, intimidating, defamatory or libelous, fraudulent or tortious, obscene, indecent, pornographic or otherwise objectionable; or (v) gives rise to criminal or civil liability.

You also agree that you shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Website, the Content, or any information or other material obtained through or derived from the Website for commercial purposes; (c) engage in scraping, spamming, spoofing or flooding; (d) harvest, collect or store information about the users or content of the Website; or (e) frame any portion of the Website.

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, Content, features or hours of availability. We may also impose limits on certain features of the Website, including Content, or restrict your access to part or the entire Website without notice or penalty.

Subsection (b) of this Section should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Directive ((EU) 2019/790) and all national laws having transposed the same.

SUBMISSIONS BY YOU

Black Moon Media, LLC does not solicit, nor does it wish to receive, any confidential, secret, or proprietary information or other material from you through the Website, through Black Moon Media, LLC's mail and email addresses, or in any other way. Any information, creative works, ideas, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to Black Moon Media, LLC without any agreement to the contrary (“Submissions”) will be deemed not to be confidential or secret.  By submitting or sending Submissions to Black Moon Media, LLC, you represent and warrant that the information is original to you, that no other party has any rights to the material, and that you grant Black Moon Media, LLC a fully paid-up and royalty-free, unrestricted, worldwide, perpetual, fully-transferable, non-exclusive license to use, copy, sublicense, modify, adapt, transmit, perform or display such material in any format or media now known or hereafter developed without additional consideration to you or any third party.  IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT MAKE ANY SUBMISSIONS ON OR THROUGH THE WEBSITE through Black Moon Media, LLC's mail and email addresses, or in any other way.

INDEMNITY

You agree to indemnify, defend and hold Black Moon Media, LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of the Terms and Conditions. Black Moon Media, LLC reserves the right, at any time, to assume the exclusive defense and control of any matter subject to indemnification by you.

LINKS TO OTHER SITES

The Website may contain links to websites operated by third parties. Black Moon Media, LLCprovides these links to other websites as a convenience, and use of these sites is at your own risk.  The linked sites are not under the control of Black Moon Media, LLC, and Black Moon Media, LLC is not responsible for the content available on the other sites.  Such links do not imply Black Moon Media, LLC’s endorsement of information or material on any other site and Black Moon Media, LLCdisclaims all liability with regard to your access to and use of such linked websites.

ACCOUNT PASSWORD AND SECURITY

The Website may contain some features that require registration.  If asked to register for additional access, you may select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others.  You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Black Moon Media, LLC of any unauthorized use of your password or account or any other breach of security.  Your use of the Website is contingent on complying with the terms of this paragraph, and Black Moon Media, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this paragraph.

PURCHASES

We may make certain services or products available to users of the Website.  If you choose to buy any of our services or products, you may be asked to supply certain information including credit card number or other payment information and billing address.  You agree that all information you provide will be true, accurate and complete.  By commencing a purchase, you warrant and represent that you are eighteen (18) years of age or older, that you have legal capacity to enter into a binding contract with Black Moon Media, LLC, and that you have the authority to commence the purchase initiated through the Website.  You acknowledge and agree that Black Moon Media, LLC is authorized to act on payment instructions received from anyone using your account and password.  You will also be responsible for paying any applicable taxes relating to your purchase(s).  Debit and credit card transactions may be facilitated by a third-party processor, and you agree that Black Moon Media, LLCmay share your information, including information about your debit or credit card account, with such third-party processor for this purpose.

CHILDREN

We strive to comply with the Children’s Online Privacy Protection Act.  We do not knowingly collect any personal information from those under the age of 16.   If you are under 16 years of age, please do not provide any personally identifiable information to us.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE WEBSITE, ALL SERVICES AND CONTENT ON THE WEBSITE, AND ANY SERVICES OR GOODS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  BLACK MOON MEDIA, LLC MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF THE WEBSITE, ITS SECURITY OR ANY SERVICES OR CONTENT AVAILABLE THROUGH THE WEBSITE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE WEBSITE AND THE SERVICES AND CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

BLACK MOON MEDIA LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACK MOON MEDIA LLC DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OR THE INABILITY TO USE THE WEBSITE, THE CONTENT, OR THE SERVICES OR GOODS MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF BLACK MOON MEDIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.   ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT SHALL BLACK MOON MEDIA LLC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS AND CONDITIONS, YOUR USE OF THE WEBSITE, OR THE SERVICES OR GOODS MADE AVAILABLE THROUGH THE WEBSITE, EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO BLACK MOON MEDIA LLC DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.

LOCATION

The Website is operated by Black Moon Media, LLC from its offices in the United States.  We do not represent that materials on the Website are appropriate or available for use in other locations.  Those who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.  Any offer for any product or service made on the Website is void where prohibited.

DMCA

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted material.  If you believe in good faith that materials or Content available on the Website infringe your copyright, you may send a notice to:

Black Moon Media, LLC
Attn: Admin
8500 England St, Overland Park, Kansas 66212

Email: copyright@blackmoonmediallc.com

We suggest that you consult your legal advisor before filing a notice as your notice of claim must comply with detailed requirement set forth in the DMCA.

DISPUTES

You hereby consent to arbitration if any dispute is to arise, except for the enforcement of Black Moon Media, LLC or its affiliates’ intellectual property.  These Terms and Conditions shall be governed by, and will be construed under, the laws of the State of Kansas without regard to choice of law principles.  Any dispute related to these Terms and Conditions or our Website must be resolved exclusively through binding non-appearance-based arbitration administered by In the event of a dispute, you or Black Moon Media, LLC must send to the other party notice of dispute in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and the relief requested.  You may initiate a dispute by sending us a notice to the address listed in the NOTICES section below.  We will send a notice to you at the contact information we have for you.  You and Black Moon Media, LLC agree to try to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days.  If you and Black Moon Media, LLCare unable to resolve the dispute in such 60 days, then you or Black Moon Media, LLC may commence arbitration.  You and Black Moon Media, LLC agree that a dispute will be heard before a single neutral arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY.  To the fullest extent permitted by law, YOU AGREE THAT NO ARBITRATION OR CLAIM ARISING OUT OF THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM AND NO CLASS ARBITRATION SHALL BE PERMITTED.  In no event shall any claim, action or proceeding by you related in any way to the Website be instituted more than one (1) year after the cause of action arose.

If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the federal and state courts located in Johnson County, Kansas for the purposes of litigating any applicable claim.

NOTICES

All notices required to be given hereunder must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to:

Black Moon Media, LLC
Attn: Admin
8500 England St, Overland Park, Kansas 66212

Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or other nationally recognized courtier service which regularly tracks it packages, on the second business day after deposit with the service.

MISCELLANEOUS

If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Black Moon Media, LLC’s failure to act with respect to any failure by you or others to comply with the Terms and Conditions does not waive Black Moon Media, LLC’s right to act with respect to subsequent or similar failures.  The Terms and Conditions set forth the entire understanding and agreement between you and Black Moon Media, LLC with respect to the use of the Website.  You may not assign or transfer your rights or obligations hereunder without the prior written consent ofBlack Moon Media, LLC, and any assignment or transfer in violation of this provision shall be null and void.

CONTACT

Please direct any questions you may have about the Website or the Term and Conditions to:

Black Moon Media, LLC
Attn: Admin
8500 England St, Overland Park, Kansas 66212

legal@blackmoonmediallc.com

Black Moon Media, LLC Music’s Data Protection Officer may be contacted at legal@blackmoonmediallc.com

For EU/EEA users: Our local representative in the EU/EEA may be contacted via e-mail at legal@blackmoonmediallc.com or via mail at:

Data Protection Department
Black Moon Media, LLC
Attn: Admin
8500 England St, Overland Park, Kansas 66212