Terms of Service

These Terms govern your access to and use of Golden Ears Club, including its website, listening room, track uploads and streaming, chat, feedback, profiles, notifications, statistics, and track-selection features (the “Service”). Golden Ears Club is owned and operated by Blue Quail Sound (“Blue Quail Sound,” “we,” “us,” or “our”). By creating a club profile or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility and accounts

You must have legal capacity to agree to these Terms under the laws where you live. You agree to provide accurate account information, protect your login credentials, and promptly report suspected unauthorized account access. You are responsible for activity through your account, except to the extent caused by our failure to meet a legal obligation. Do not impersonate anyone, create an account for another person without authorization, or use the Service after we have suspended your account.

2. The Service

Golden Ears Club is a community for music producers to share tracks and exchange feedback. Features may include MP3 uploads, listening-room playback, chat, feedback reactions and notifications, profiles, statistics, community recognition, and track-selection or lottery features. Features may change, be unavailable, or be discontinued. We do not promise uninterrupted access, any particular number or quality of listeners or feedback, or that a track will be played, selected, or promoted.

3. Artists keep ownership of their music

Uploading music does not transfer ownership to Blue Quail Sound. You retain whatever rights you own in your compositions, recordings, lyrics, artwork, and other material. We do not acquire ownership merely because you upload or share it through the Service.

You are responsible for your uploads and must own the content or have every permission needed for the uses described in these Terms. This includes rights in both the sound recording and composition, samples, beats, lyrics, performances, artwork, photographs, names, and likenesses, and permissions required from collaborators, co-writers, labels, publishers, distributors, or other rightsholders. You represent that you have authority to upload the content and grant the limited license below, and that its use through the Service will not violate another person’s rights, a contract, or law.

4. Limited permission to operate the Service

You grant Blue Quail Sound a non-exclusive, worldwide, royalty-free license to host, store, reproduce, technically format, transmit, stream, display, and make your uploaded material available through the Service, only as reasonably needed to operate, secure, maintain, and provide the Service. This includes using hosting, storage, and content-delivery providers on our behalf; displaying your track title, username, profile image, and cover art with your track; and allowing Service users to stream tracks and provide feedback in the listening-room experience.

This license does not transfer ownership, authorize us to sell your music, or permit us to release or distribute your music commercially outside the Service. We do not claim the right to use your music to train generative AI models. The license lasts while your material is available through the Service and for a reasonable time afterward as needed for backups, caches, legal compliance, dispute resolution, and enforcement. After you remove a track or close your account, we will stop making it available through ordinary Service features within a reasonable time, subject to those needs.

5. Streaming, copying, and downloads

The Service is intended to provide streaming for listening and feedback. Other users receive no ownership rights or general download license in your music. They may listen through the Service for personal, noncommercial evaluation and provide feedback there. Users may not download, record, copy, redistribute, publicly perform, sell, or otherwise exploit another user’s music without permission from the rightsholder, or bypass technical protections to obtain tracks outside the listening experience.

We cannot guarantee that a person will not misuse content they can access, including by recording audio or making an unauthorized copy. To the fullest extent permitted by law, Blue Quail Sound is not responsible for another user’s unauthorized recording, download, redistribution, or other misuse. The user who misuses content is responsible for that conduct. This section does not excuse Blue Quail Sound from obligations that cannot legally be waived.

6. Chat, feedback, and other user content

You retain rights you own in chat messages, profile information, artwork, feedback, and other material you submit (“User Content”). You grant Blue Quail Sound a non-exclusive, worldwide, royalty-free license to host, reproduce, display, transmit, and process User Content as needed to provide the Service—for example, to show chat to participants, display your profile, deliver notifications, and screen feedback for relevance and quality. Community content may be visible to other users; do not post confidential or sensitive information in community areas.

Feedback represents the poster’s opinion and is not a guarantee or endorsement by Blue Quail Sound. Automated tools may screen, categorize, or summarize feedback and may be wrong. They do not guarantee that feedback is accurate, fair, or technically sound. We do not claim ownership of User Content or use your music or chat content to train generative AI models.

7. Rules for using the Service

You may not upload or share content that infringes rights; upload malware or harmful code; harass, threaten, stalk, impersonate, defraud, or dox anyone; spam or manipulate feedback, reactions, or track-selection features; scrape, disrupt, reverse engineer, or attempt unauthorized access to the Service or its data; copy or exploit another user’s content without permission; or use the Service in violation of law or these Terms.

We may investigate suspected violations and may remove content, limit features, suspend accounts, or terminate access when reasonably necessary to protect users, rightsholders, the Service, or Blue Quail Sound, or to comply with law. We are not required to monitor all User Content and do not guarantee that we will detect or remove every harmful or unlawful item.

8. Copyright complaints

If you believe content on the Service infringes your copyright, send a written notice to manny@bluequailsound.com with “Copyright notice” in the subject line. Identify the copyrighted work and the material you believe infringes it, provide enough information for us to locate the material, and include your contact details and the statements required by applicable copyright law. We may remove or disable access to reported material, notify the uploader, and provide information about submitting a legally valid counter-notice. We may terminate accounts of repeat infringers. Knowingly material misrepresentations in a notice or counter-notice may result in legal liability.

9. Track selection and community recognition

Track-selection, rotation, lottery, Golden Ears, membership-card, community-highlight, and statistics features are community features. Unless separate official rules say otherwise, they do not promise payment, prizes, a particular audience, promotion, ownership, or commercial opportunity. Points, badges, and recognition are non-cash, have no monetary value, and may be changed or discontinued. Any prize or item of value will be governed by separate official rules.

10. Third-party services

The Service may rely on third-party providers for authentication, hosting, storage, audio delivery, analytics, and other functions. We do not control third-party services and, to the fullest extent permitted by law, are not responsible for their availability or conduct.

11. Suspension and termination

You may stop using the Service at any time. To request account closure or removal of content you cannot remove yourself, use the support contact provided by Blue Quail Sound. We may suspend or terminate access, remove content, or restrict a feature as described in these Terms, including for security, legal, copyright, safety, or operational reasons. We may preserve information as reasonably needed for security, backups, dispute resolution, legal compliance, or enforcement. Terms that by their nature should continue after termination will survive as applicable.

12. Disclaimer of warranties

To the fullest extent permitted by law, the Service and its content and features are provided “as is” and “as available.” Blue Quail Sound disclaims express and implied warranties, including merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and quiet enjoyment. We do not warrant that the Service will be uninterrupted, secure, error-free, compatible with every device or browser, or free of harmful components; that files or messages will never be lost or delayed; or that feedback, statistics, screening, or track-selection results will be accurate or meet your expectations. Some jurisdictions do not permit certain disclaimers.

13. Limitation of liability

To the fullest extent permitted by applicable law, Blue Quail Sound and its owners, officers, employees, contractors, and service providers will have no liability for damages arising from or related to the Service, its content, or another user’s conduct. If applicable law does not permit a claim or category of damages to be fully excluded, liability will be limited to the minimum amount permitted by law. Nothing in these Terms excludes liability that applicable law does not allow to be excluded.

14. Your responsibility for claims

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Blue Quail Sound and its owners, officers, employees, and contractors from claims, losses, liabilities, damages, and reasonable legal fees arising from your User Content, your use of the Service, your violation of these Terms or law, or your infringement or misappropriation of another person’s rights. This obligation does not apply to the extent a claim was caused by conduct for which applicable law does not permit indemnification.

15. Governing law and disputes

These Terms are governed by applicable law. Before filing a formal claim, you and Blue Quail Sound agree to try to resolve it informally by contacting Blue Quail Sound and describing the issue. If it is not resolved, either party may pursue available legal remedies. Any court, venue, or arbitration terms apply only to the extent permitted by applicable law.

16. Changes and general terms

We may update these Terms by posting a revised version with a new effective date and providing additional notice or renewed consent when required by law. If you do not agree to updated Terms, stop using the Service. If part of these Terms is unenforceable, the rest remains in effect to the extent permitted by law. A failure to enforce a provision is not a waiver. You may not transfer your rights or obligations without our written permission. These Terms and any feature-specific official rules are the entire agreement between you and Blue Quail Sound concerning the Service; separate official rules control any promotion they cover.

17. Contact

For questions about these Terms, account closure, or content removal, contact manny@bluequailsound.com.

Copyright complaints: Email manny@bluequailsound.com. Do not send copyright notices through chat.