ANY PERSON OR ENTITY (“Creator” or “you”) INTENDING TO PROVIDE AUDIO-VISUAL CONTENT TO THE SITE AT https://www.frowlive.com AND/OR THE iOS AND OTHER APPS KNOWN AS “FROW” (TOGETHER, THE “Site”) MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS FROW CREATOR AGREEMENT (“FROW Creator Agreement“).

PERSONAL DATA: You agree to provide only true, accurate and complete information to us via the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy.

  1. 1. Contracting parties. The Site, together with all content, data and other materials contained therein other than Creator Content (“Site Content”) is owned or controlled by FROW Live UK Ltd, a company incorporated in England with its registered office at 4-5 Gough Square, London EC4A 3DE, UKFROW Live UK Ltd is referred to in these terms and conditions as “we“, “us“, “our“, “FROW” or “Company. When you agree to this FROW Creator Agreement, you are contracting with CompanyYou must be at least 13 years old to enter into this Agreement (and, if you are under 18, you should first obtain the permission of your parent/guardian).

  1. 2.Groups and BandsIf you are providing content created, owned and/or controlled by a group or a band, only one member may register as a Creator to upload content and, as that chosen member, you hereby warrant, represent and guarantee that you personally have the authority to represent and legally bind all members of such group/band. Please note that if you intend to trade as a business on FROW, you must comply with all applicable laws relating to business trading (including without limitation VAT requirements).

  1. 3.Passwords. You agree: to keep your Creator password and other access information secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Site Content; to not do anything which would assist anyone else to gain access to any secured area of the Site; and to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Site Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via hello@frowlive.com and we will close your account as quickly as possible. Please note that you will be responsible to Company and to others for all activity that occurs under your registration account.

  1. 4.The FROW Service. FROW offers video-on-demand services and livestreaming services to Creators who wish to perform and stream audio-visual content to FROW for livestreaming at pre-determined agreed times (“Events”) to audience members of the public (“Fans”) and allows Fans to watch and listen to those Events (together, the “Service”). 

  1. 5.Events. Each Event is subject to specific terms set out on the relevant pages of the Site and the information provided by Creator, as agreed by FROW from time to time. Creator warrants and represents that all information provided by Creator to FROW is and shall be fully accurate and up to date, and that Creator shall by no later than three (3) days before an Event provide professional-quality content to FROW which, in FROW’s sole discretion, is suitable for livestreaming via the Service and otherwise complies with the terms of this FROW Creator Agreement. Once registered with FROW, you can create a new Event by following the process detailed on the Creator pages of the Site. It is Creator’s sole responsibility to comply with all technical requirements for uploading (or where applicable up-linking) the audio-visual content for the Event and for all advertising activity for promotion of such Event. Save for Performing Rights (to the extent granted by applicable PROs)Creator will be solely responsible for securing any and all applicable rights and paying any and all royalties that may be due to any publisher or songwriter, or any of Creator’s creative partners, performers, producers, musicians, technicians, managers or agents involved in or related to any and all uploaded and/or up-linked content (including the performed music and all other materials provided by Creator to Company (together the “Creator Content”). If any Creator Content was created (or is owned or controlled) by anyone other than you, you will be solely responsible for compensating such third party/ies and you hereby fully indemnify Company against any liability or loss in such respect.

  1. 6.Tickets, Donations and other Products. Certain Events, where agreed by FROW and the Creator, may be ticketed or may be capable of offering certain products for sale (in each case at prices which are set out from time to time on the relevant pages of the Site or as agreed by the parties) and/or may be capable of accepting donations from Fans. All sums received by FROW as ticket, product or donation revenues shall be distributed to Creator in accordance with the FROW Distribution Policy as listed on the Site from time to time. Whilst FROW shall pay for bandwidth and related streaming costs, Creator acknowledges and accepts that Creator is solely responsible for all other Event-related costs (including performers, music licensing, venue hire, management commission, engineers, producers, directors and all others involved in production of the Event). If Creator (or any member of the relevant Group/Band) is a member of a performing rights organisation, all amounts payable hereunder (if any) shall be subject to the rights of and/or fees that may be payable to such performing rights organisation.

  1. 7.Licensed Rights and Consents. (Subject only to the rights of any applicable Performing Rights Organisation, or “PRO”), Creator (on behalf of him/herself and all other performers and creatives involved in the Event) hereby grants to Company (on a non-exclusive basis) the right to copy and perform and otherwise use the Creator Content in accordance with this FROW Creator Agreement, including without limitation in the following ways: (i) to store, host, reproduce, display, transmit, publicly perform, sell, transfer, make available, synchronize, distribute or otherwise exploit the Creator Content for all purposes related to the applicable Event in each case; (ii) to adapt or modify the format, DRM and/or method of delivery to achieve technical compliance; (iii) to incorporate the Creator Content into the Event(s) and related promotional content and make available the Creator Content to end users; (iv) to synchronise the Creator Content with other moving images and/or audio content; and (v) to stream or otherwise use some or all of the Creator Content for purposes of promoting Creator and the Events and/or Company and its partners (in the latter case without obligation to make payment hereunder). For the avoidance of doubt, Company may sub-license such rights to its partners, contractors and/or service providers for all purposes contemplated hereunder. While Company will use reasonable commercial efforts to exploit Creator Content, Company makes no representation about use or exploitation of Creator Content, or about the amount of revenues that may or may not be generated hereunder, and Company reserves the right to not make available or exploit any particular Creator Content for any period (or at all) and/or to withdraw any item(s) from the Service or to suspend Creator’s access to Creator’s online account at any time. For the avoidance of doubt, Company shall not be obliged to bring proceedings or any other enforcement action in relation to any unauthorised third party use of Creator Content, whether or not facilitated by the ServiceCompany reserves the right to withdraw (or refuse to make available) any Creator Content at any time in our sole discretion.

  1. 8.Publishing Rights and Covers. Creator may perform compositions written and owned by a third party (so-called “covers”), if: (a) Creator has obtained all so-called “sync” rights necessary for use of such compositions hereunder; (b) Creator provides to FROW (on request or, if later, at least 24 before the relevant Event) complete and accurate information about the title, composer/author(s), and publisher (if any) for each such composition; and (c) Creator warrants and represents that, where such third-party composition is administrated and controlled by a PRO or publisher, rights for use under the standard blanket licenses will be available to Company on standard terms in each case within each applicable country. Creator hereby indemnifies Company (and its licensees) against any loss, damages, costs and/or license fees paid or payable by Company (and/or its licensees) to any PRO or music publisher in relation to use by Creator hereunder of any compositions. 

  1. 9.Warranties/Indemnities. Creator warrants and represents that: (a) Creator has the right and authority to enter into this FROW Creator Agreement and to perform Creator’s obligations herein; (b) all Intellectual Property Rights in the Creator Content are owned and controlled by Creator and are entirely original to Creator (or (where Creator represents a group or band) the original work of that group/band, and all performers have given express permission for these purposes and, unless otherwise notified to Company at the time of upload, none is member of any applicable talent union, guild or PRO); (c) use by Company hereunder of Creator Content (or any element thereof) will not infringe the rights of (or disparage or offend) any third party; and (d) Creator will not take any measures to interfere with any third party licences or rights granted by Company, (including without limitation any claim or other measure aimed at preventing or restricting distribution of Creator Content). In the event Company receives a claim or notice that distribution of an item of Creator Content may be blocked by a claim (or other similar notice), Creator agrees promptly on request to take all necessary actions to defend or block or procure withdrawal of such claim or notice and/or to reinstate distribution or monetisation for such item(s). Creator shall defend and indemnify Company against any losses resulting from: (i) any breach of Creator’s obligations; and/or (ii) any claim that any Creator Content infringes, misappropriates or otherwise violates the rights of a third party.

BY PROVIDING CREATOR CONTENT TO FROW, YOU WARRANT TO US THAT:

  • ALL CONTENT IS ORIGINALAll material in the content is entirely your own original work (or, where you are representing a Group or Band, the original work of that Group/Band, and that all members have given you express permission to make the content available for use by FROW). For the avoidance of doubt, you further warrant that the Creator Content uses no “samples” or other parts or sounds from any other or previous recording (unless you have notified us of such use and provided evidence of the necessary “sample licences”).

  • SONGSUnless you notify us otherwise at of before the time of upload), the compositions and/or songs embodied in each of your recordings are written entirely by you (or, where you are representing a Group or Band, by the members of that Group/Band whom have each given you express permission to make their composition available for sale via FROW). 

  • PRS: You (and each member of your Group/Band) is/are not a member of the PRS or any similar performing rights society or collecting agency – unless you have already notified us of such membership (for further information, click here).

  • NO SESSION PLAYERS: Your Creator Content contains no performances by any musicians other than yourself (or you and the members of your Group/Band, provided that each member has given consent in writing for inclusion and use of their performance via FROW). You agree to provide evidence on request that all talent performing in your Creator Content has granted in writing all usage rights on a fully-paid-up basis that allows unrestricted worldwide usage in all media for all lawful purposes, in perpetuity, and that no performer is a member of any commercial talent union, guild or similar group.

  • NO INFRINGEMENTThe inclusion and use on the Site of all Creator Content will not infringe the Copyright or any other Intellectual Property Rights or Moral Rights of any third party.

  • NOT DEFAMATORYYour Creator Content is not defamatory and its use will not infringe any publicity or personality rights of any person.

  • NO EARLIER CONTRACTSYou are not (and will not be) in breach of any recording, publishing or commissioning contract with any record company, label, publisher or other third party by uploading or by FROW making available your Creator Content or by entering into or granting any rights or performing any obligations under this FROW Creator Agreement.

  1. 10.Site and Site Content. The Site and the Site Content are intended only for the purposes specified or implied therein, and your use thereof is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Site Content may not be wholly accurate or up-to-date, complete or free from defects, and is subject to change, often at very short notice. All Site Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Company or its licensors, unless otherwise stated, own or control all relevant intellectual property rights in the Site and the Site Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site and the Site Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense. 

  1. 11.User Conduct. You agree to obey all applicable laws in using the Site, and agree that you are responsible for the content and/or communications you send to or initiate via the Site. You agree that you are responsible for everything that you post or transmit to or in relation to the Site and you agree (in relation to the Site): 

    • not to participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful (e.g. depicting self-harm or inciting violence), vulgar, obscene, profane, sexually-oriented (e.g. involving any nudity), party-political, racially-offensive, hateful or otherwise includes objectionable material;

    • not to abuse other Users or anyone else;

    • not to use the Site to engage in any commercial activities not approved in writing by Company;

    • not to publish your own (non-Company) contact details or those of anyone else;

    • not to register more than one account for yourself or anyone else;

    • not to upload content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;

    • not to upload content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; 

    • not to upload anything that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement or that constitutes or contains any form of advertising or solicitation or that includes links to commercial services or web sites or that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law or that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service; 

    • not to “stalk” or otherwise harass any other User;

    • not to collect personal data about other users for commercial or unlawful purposes;

    • not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Company;

    • not to post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or

    • not to attempt to gain unauthorised access to Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site.

  1. 12.Termination of this FROW Creator AgreementCompany may at any time terminate this FROW Creator Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You acknowledge that we have the right, at our sole discretion, to terminate your account, or limit or deny access to the Site, or limit the amount of storage space, bandwidth, or other resources you may use. 

  1. 13.Liability. You agree that the liability of Company to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder or, if greater, GB£100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Site Content or in relation to the goods and/or services that we provide. Nothing in this FROW Creator Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Company.

  1. 14.Company Warranties. To the extent permitted under applicable law in your territory, all Company products and services are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, Company, as well as any provider, makes no warranty that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Service will be effective, accurate or reliable; or (d) the quality of any materials or services obtained by you from the Site, from us, or from any third parties’ websites to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects. The use of the Service or the streaming or downloading or other acquisition of any materials or content through the Service or through third parties’ or provider’s websites, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer device or system or loss of data that results from such activities. 

  1. 15.Indemnity. You agree to indemnify us for any loss or damage that may be incurred by Company, including without limitation legal fees, arising from any breach by you of any warranty or other term hereunder or your misuse of any material or information obtained through the Site or the Site Content. 

  1. 16.Trade MarksThe brands, products and service names used in the Site and the Site Content (including without limitation, “FROW”) are trademarks or trade names of Company or its trading partners unless otherwise stated. 

  1. 17.Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere“) with the Site and/or the Site Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or the Site Content or otherwise attempts to defraud Company or any other parties through your use of the Site or the Site Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Site Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this FROW Creator Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

  1. 18.No Partnership. Your use of the Site and/or the Site Content creates no partnership, client, fiduciary or other professional relationship.

  1. 19.Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.

  1. 20.Severance. If any part, term, or provision of this FROW Creator Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

  1. 21.No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this FROW Creator Agreement shall operate as a waiver of any breach of the same or any other provision of this FROW Creator Agreement.

  1. 22.Variation. This FROW Creator Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.

  1. 23.Law and Jurisdiction. This FROW Creator Agreement shall be governed by and construed in accordance with English Law. Any disputes arising under or in connection with this FROW Creator Agreement shall be subject to the exclusive jurisdiction of the s.

  1. 24.Contacting UsIf you have any questions, please contact us at the following address: FROW Live UK Ltd, 4-5 Gough Square, London EC4A 3DE, UK, or email us via hello@frowlive.com.