Terms of Service

1. Acceptance of Terms

By accessing or using the Elton Audio Records website and related online platforms (collectively, the “Site”), you agree to comply with these Terms of Service (“Terms”). If you do not agree, do not use the Site.

You represent that you are at least 18 years old and have authority to enter into these Terms on behalf of yourself or any entity you represent.

2. Relationship to Other Agreements

These Terms govern general website use only.

If you enter into a separate written agreement with Elton Audio Records, including but not limited to artist management agreements, publishing agreements, distribution agreements (including EAR Distro), advertising or marketing service agreements (including EAR Amplify), website management agreements (including EAR Online), licensing agreements, production agreements, or promotional agreements, those agreements supersede these Terms where applicable.

3. License to Use the Site

Elton Audio Records grants you a limited, non-exclusive, revocable license to access and use the Site for personal or internal business purposes only.

You may not:

• Copy, reproduce, or commercially exploit Site content without permission
• Reverse engineer or interfere with Site functionality
• Use automated scraping or data harvesting tools
• Attempt unauthorized access to systems or accounts

We may suspend or terminate access for violations.

4. Intellectual Property

All Site content, branding, logos, software, and materials are owned by Elton Audio Records or its licensors unless otherwise indicated. No ownership rights are transferred through Site use.

5. User Submissions and Content

If you submit materials through the Site, including music, artwork, marketing assets, or messages:

• You retain ownership of your content
• You grant Elton Audio Records a limited license to review, store, and use submissions solely for operational purposes
• You confirm you have rights to submit the materials

Submission does not guarantee review, response, or acceptance.

6. Music Industry Services Disclaimer

Elton Audio Records operates multiple music industry services including distribution, marketing, advertising, website management, and artist development services. Separate service-specific terms may apply, including EAR Distro distribution services, EAR Amplify advertising services, EAR Online website services, and other promotional or consulting services.

No guarantees are made regarding streaming performance, advertising results, editorial placements, revenue outcomes, or platform algorithm behavior.

7. Third-Party Platforms

The Site may link to third-party services such as streaming platforms, advertising platforms, analytics tools, or distribution partners. We are not responsible for third-party policies, platform outages, data handling by external services, or performance or availability of external platforms. Use of third-party services is governed by their own terms.

8. Payments and Transactions

Some services accessed through the Site may involve payments processed by third-party providers. Elton Audio Records does not store full payment card details. Payment terms for specific services may be governed by invoices, service agreements, or separate terms.

9. Disclaimers

The Site is provided “as is” and “as available.” To the fullest extent permitted by law, Elton Audio Records disclaims all warranties, including accuracy or completeness of information, uninterrupted availability, fitness for a particular purpose, merchantability, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, Elton Audio Records will not be liable for indirect, incidental, consequential, or punitive damages.

Total liability will not exceed the greater of: (a) fifty U.S. dollars ($50), or (b) the amount paid for services through the Site within the three months preceding the claim.

This limitation does not apply to separately negotiated agreements including artist management contracts, publishing agreements, royalty participation arrangements, commission-based representation agreements, or any written contract executed directly with Elton Audio Records. Those agreements govern liability independently.

11. Indemnification

You agree to indemnify Elton Audio Records against claims arising from your use of the Site, your submitted content, violations of applicable law, or violations of third-party rights.

12. Termination

We may suspend or terminate Site access at any time for violations of these Terms or operational reasons. Certain provisions survive termination, including liability limitations and dispute resolution.

13. Dispute Resolution and Arbitration

Before initiating arbitration, parties agree to attempt informal resolution by written notice sent to:

Elton Audio Records
155 Willowbrook Blvd, Suite 110
Wayne, NJ 07470
contact@eltonaudio.com

If unresolved after 30 days, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under Consumer Arbitration Rules. Arbitration will occur on an individual basis only. Class actions are waived. Eligible claims may still be brought in small claims court.

14. Governing Law

These Terms are governed by the laws of the State of New Jersey. Where court proceedings are permitted, jurisdiction and venue shall lie in Passaic County, New Jersey.

15. Changes to These Terms

We may update these Terms periodically. Updates will be posted on the Site with a revised date. Continued use of the Site constitutes acceptance of updated Terms.

16. Privacy Policy

Use of the Site is also governed by our Privacy Policy.

17. Contact

Elton Audio Records
155 Willowbrook Blvd, Suite 110
Wayne, NJ 07470
contact@eltonaudio.com