Terms and Conditions:
Terms and Conditions Agreement for the SoundCloud x Xfinity Mobile Booth
1. Introduction
Welcome to the SoundCloud x Xfinity Mobile Booth from SoundCloud, Inc. (“SoundCloud”) and Comcast Cable Communications Management, LLC (“Xfinity”) with services provided by Top Barz Inc. (“Top Barz”, “we”, “our”, “us”). By accessing or using our music recording services (“Service”), you ("User", "you", or "your") agree to be bound by the following terms and conditions ("Terms"). Please read these Terms carefully before using our services. These Terms govern your use of the Service available through our website.
2. Collection of Information
During the sign-up process, Top Barz collects personal information, including your name, contact details, city, date of birth, and preferences related to our Service. This collection is crucial for providing and enhancing our services and for communication purposes.
3. Use of Information
Top Barz utilizes the information collected to:
Provide and improve our Service, ensuring a personalized and efficient experience for you.
Communicate with you regarding your bookings and special offers, keeping you informed and engaged with our latest opportunities.
Enhance your overall experience by tailoring our services to your preferences, ensuring that your time at Top Barz Inc. is as enjoyable and satisfying as possible.
Verify the identity of the party visiting the studio, ensuring security and a seamless service experience.
Target our customers with promotions exclusively from Top Barz Inc., such as birthday promotions, aiming to provide you with special offers that celebrate your moments.
4. Data Retention and Sharing
Your personal information is retained only as long as necessary for the purposes outlined in these Terms. Notably, Top Barz does not store payment information, reflecting our commitment to your privacy and security.
In the event that you opt-in to receive marketing emails from Xfinity and/or SoundCloud, Top Barz will share your name, email address, and SoundCloud profile url with the relevant entity. Such sharing is made pursuant to these Terms herein, your explicit consent, and subject to Xfinity or SoundCloud’s respective privacy policies as applicable.
5. Release for Marketing
By using the Services and agreeing to these Terms, you explicitly grant to SoundCloud and Xfinity and their respective employees, contractors, affiliates, agents, representatives, licensees, designees and assigns, the royalty-free, irrevocable, unrestricted, right and license to film, photograph, and otherwise record my name, likeness, voice, image, biographical information, and performance(s) (collectively, “Likeness”), and to incorporate and edit, alter, display, reproduce, distribute, publish and otherwise use my Likeness embodied in any film, photograph, recording or other materials (“Materials”) produced in connection with use of the Services, for purposes of marketing and promoting SoundCloud and Xfinity, in whole or in part, in any manner or medium whether now known or later devised, throughout the world, in perpetuity.
With your explicit permission, Top Barz reserves the right to use photos and videos captured during your session in our marketing materials. This may include but is not limited to, use in promotional videos, social media posts, and advertising campaigns.
6. Liability for Damages
Should equipment or furniture be damaged during your session, due to actions attributed to you or your party, you may be held liable for a portion of the repair costs. This encompasses damages to headphones, sound systems, speakers, and other studio equipment. You hereby agree to discharge, release, and hold harmless us, SoundCloud, and Xfinity from any and all harm, injury, or loss of property that you may suffer as a result of your participation in the Service.
7. Safety Measures
As a guest, you are not expected to operate or interact with mixing and engineering equipment. Only authorized personnel are permitted to handle such equipment. Your primary focus should be on the recording experience within the booth, adhering to all safety guidelines while navigating the studio premises.
8. Music Rights, Recording Ownership & Content USe
8.1 Instrumental Ownership All beats, instrumentals, and backing tracks made available within the Top Barz recording booth are the exclusive property of Top Barz Inc. By using our Service, you acknowledge that you have no ownership interest in any instrumental, beat, or musical composition provided during your session.
8.2 Your Recording You retain ownership of your vocal performance recorded during your session. However, because your recording is derived from a Top Barz-owned instrumental, your recording constitutes a derivative work. As a result, aside from uploading the track to your SoundCloud account for non-monetized use, you may not distribute, sell, license, monetize, or commercially exploit your recording in any form without the prior written consent of Top Barz Inc. SoundCloud and/or Xfinity may, in their sole discretion and pursuant to SoundCloud’s Terms of Use, repost your track on SoundCloud accounts that they respectively own or control.
8.3 Personal & Social Use You are permitted to share your recording for personal, non-commercial purposes, including on personal social media accounts, provided that Top Barz Inc. is credited where reasonably possible.
8.4 License Grant to Top Barz Inc. and Partners By completing the sign-up form and agreeing to these Terms, you grant Top Barz Inc. and its authorized brand partners a perpetual, royalty-free, worldwide license to use, reproduce, distribute, and display your recording — including your voice and likeness — for promotional, marketing, and commercial purposes across any media or platform.
8.5 Minors If you are under the age of 18, a parent or legal guardian must complete the sign-up form and agree to these Terms on your behalf. Top Barz Inc. reserves the right to withhold recordings and void consent where verifiable guardian approval was not obtained.
8.6 No Royalties By agreeing to these Terms, you acknowledge that you are not entitled to royalties, compensation, or any other form of payment in connection with Top Barz Inc.'s or its partners' use of your recording.
8.7: You hereby represent and warrant that your vocal performance is entirely original to you, and does not incorporate any copyrighted materials owned by any person other than yourself.
9. Accommodations for Disabilities
We are committed to inclusivity and accessibility. Should you have any impairments or special needs, kindly inform us in your booking notes. We will make all necessary accommodations to facilitate your session.
10. Conflict Resolution
In the event of disputes or conflicts, please reach out to us at support@topbarz.xyz for resolution.
11. Session Management and Conduct
The session manager/engineer has the authority to terminate your session if participants exhibit belligerent behavior or violate our rules of conduct. These rules include respecting the studio space and equipment, the session engineer, fellow participants, and understanding that no refunds will be issued if asked to leave due to policy violations.
12. Limitation of Liability
Our liability in connection with any services provided is strictly limited to the amount paid for such services.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of law provisions.
14. Changes to Terms and Conditions
We reserve the right to modify these Terms at any time. Any changes will be notified to you by posting the updated Terms on our website.
15. Contact Us
For any questions regarding these Terms, please reach out to us at legal@topbarz.xyz.