1 AIRBORNE CHARTER
The Airborne Charter contains the commercial manifesto of Airborne. It is not a
legally binding document. Instead, it is a social, philosophical and practical insight
into the Airborne world. You are strongly encouraged to read the Airborne
Charter before you start using the Site, your Artist Portal and/or the
2.1.1 “Artist” means you, if you are and have registered an Artist Portal
2.1.2 “Artist Bank Account” means the bank account details furnished
by you when registering your Artist Portal;
2.1.3 “Artist Fee” means the fee payable to you by Airborne in
accordance with clause 4;
2.1.4 “Artist Material” means any content Uploaded by you and
18.104.22.168 any other copyright, trademark, design or logo which
forms part of, or is displayed or used by you on the Artist
Portal including, without limitation, any graphics, logos,
designs text and images;
2.1.5 “Artist Material Rating System” means the content rating
system relating to Artist Material specified by Airborne in the
Airborne Service Operating Rules;
2.1.6 “Artist Portal” means the account created by you upon your
registration with Airborne, the use of which is regulated by the
2.1.7 “Artist Portal in Hiatus” refers to the status of an Artist Portal that
has been suspended by you;
2.1.8 “Airborne” means Airborne Limited (Registration No. 108870)
incorporated as a private company under Companies (Jersey) Law
1991, with its registered office situated at Brundel House, 3 Old
Street, St Helier, Jersey, JE2 3RG;
2.1.9 “Airborne Charter” means the commercial manifesto of Airborne
and is accessible here;
2.1.10 “Airborne Service” means the online platform, accessible by you
through your Artist Portal, which enables you to interact with
Carriers in accordance with the terms of the Creative Commons
2.1.11 “Airborne Service Operating Rules” means the ancillary rules
governing your use of the Airborne Service through your Artist
Portal, accessible at here;
2.1.12 “Business Day” means any day other than a Saturday, Sunday or
public holiday in the Island of Jersey;
2.1.13 “Carrier” means those persons –
22.214.171.124 who have registered with Airborne and created a
“Carrier Account” in order to use the Airborne Service;
126.96.36.199 who have Carried you in accordance with, and for
purposes of, the Airborne Service.
2.1.14 “Carry”, “Carries” or “Carrying” means when a Carrier aligns and
identifies himself/herself as a fan of a particular Artist or Group in
accordance with, and for purposes of, the Airborne Service;
2.1.15 “Carrier Payments” means all payments made by Carriers to
Airborne (and actually received by Airborne) to Carry you in
accordance with the Airborne Service;
2.1.16 “Creative Commons Licence” means a Creative Commons
Attribution Non – Commercial – Share Alike licence;
2.1.17 “Confidential Information” means any and all information
provided by you in the course of using the Site and/or your Artist
Portal and/or the Airborne Service, including any payment related
information or personal information supplied by you;
2.1.18 “Group” means one or more Artists who perform Music together
under a common name and style;
2.1.19 “Intellectual Property” means any copyright, trademark, design or
logo which forms part of, or is displayed or used on the Site or the
Airborne Service including, without limitation, any graphics, logos,
designs text, button icons, images, audio clips, digital downloads,
data compilations, page headers and software BUT expressly
excludes any Artist Material;
2.1.20 “Music” means a digital sound recording;
2.1.21 “Payment Date” means the date which is 30 days after the last
day of a Payment Quarter;
2.1.22 “Payment Quarter” means the following three month periods, in
each year –
188.8.131.52 1 January to 31 March;
184.108.40.206 1 April to 30 June;
220.127.116.11 1 July to 30 September;
18.104.22.168 1 October 31 December;
2.1.23 “Registered User” means either you or your Representative;
2.1.24 “Representative” means a person who is a legally authorised
representative of an Artist or Group;
2.1.25 “Terms” means these Terms;
2.1.26 “Site” means the website operated by Airborne from time to time
through which your Artist Portal, and in turn, the Airborne Service
is accessed by you;
2.1.27 “Suspended Artist Portal” refers to the status of an Artist Portal
that has been suspended or limited by Airborne;
2.1.28 “Upload”, “Uploads”, “Uploading” or “Uploaded” means the act
by you of uploading Artist Material to your Artist Portal.
2.1.29 “USD” or “$” means United States Dollars;
2.2 For purposes of these Terms -
2.2.1 “the Artist”, “you” or “your” means the Registered User and each
term is used synonymously and interchangeably;
2.2.2 any agreement, undertaking, warranty or indemnity given by you in
the Terms is given on the basis that such agreement, undertaking,
warranty or indemnity is express, unconditional and irrevocable.
PART 1 – REGISTRATION
3 REGISTRATION AND FORMATION OF AN ARTIST PORTAL
3.1 You may only access the Airborne Service through an Artist Portal. In
order to create an Artist Portal, you are required to register with Airborne
through the Site.
3.2 In order to register with Airborne, you must provide all of the information
and/or permissions required in the application form located on the Site and
electronically submit the application form to Airborne. You agree that by
completing the application form, you are making an application to register
an Artist Portal with Airborne and that you will at all times be bound by
these Terms in respect of your use of such Artist Portal.
3.3 Airborne will review your application and is entitled, if necessary, to
request any further and/or ancillary information and/or permissions from
3.4 You agree that Airborne reserves the right to refuse your application on
3.5 If your application is -
3.5.1 successful, you will be provided with an email notification from
Airborne confirming the details of your Artist Portal;
3.5.2 is unsuccessful, you will be provided with an email notification of
this fact from Airborne.
3.6 Upon receipt by you of the email referred to in clause 3.5.1, a contract will
have been formed between you and Airborne on the Terms.
3.7 You will be able to access the Terms at any time on the Site.
PART 2 – ARTIST PORTAL
4 ARTIST FEE
4.1 Subject to clause 7, you are entitled to be paid the Artist Fee for as long as
you have an active Artist Portal.
Artist Fee Calculation
4.2 The Artist Fee is calculated as follows –
AF = 0.7 x C, where
AF = Artist Fee;
C = The number of times you have been Carried in the Payment
Quarter in question, represented in denominations of $ 1.
4.3 For purposes of the formula set out in clause 4.2, Airborne will determine
“C” and such determination will be final and binding on you.
Date of Payment
4.4 On Every Payment Date, Airborne will pay the Artist Fee into the Artist
Bank Account, provided that Airborne has received not less than $ 100, in
aggregate, in Carrier Payments in the Payment Quarter in question.
4.5 If Airborne has received less than $ 100, in Carrier Payments from
Carriers in the Payment Quarter in question, Airborne will retain all such
Carrier Payments received from Carriers until the Payment Date on which
Airborne has, in aggregate, received $ 100 or more in Carrier Payments
during the Payment Quarter in question, at which time Airborne will pay
the Artist Fee to you in accordance with this clause 4, subject at all times
to clauses 4.4 and 4.5.
4.6 All Carrier Payments received by Airborne will be held by Airborne until the
relevant Payment Date and will accrue no interest. You agree that you will
have no claim to such monies held by Airborne until the relevant Payment
4.7 You agree that you are liable for the payment of any and all costs
associated with Airborne making payment of the Artist Fee to you. To
avoid doubt, Airborne will not be liable for any costs of any nature,
associated with making payment of the Artist Fee to you.
4.8 All pricing reflected in these Terms and on the Site and Airborne Service is
5 ARTIST PORTAL MANAGEMENT BY YOU
Your Artist Portal information
5.1 You agree that it is your sole and absolute responsibility to keep all of your
Artist Portal login and user information up to date, secure and confidential.
5.2 You must immediately notify Airborne in writing of any security breach in
respect of your Artist Portal that comes to your attention.
5.3 You are solely and absolutely responsible for any use of and activity on
your Artist Portal.
5.4 Should you at any time lose your rights to manage any aspect of your
Artist Portal, you must immediately stop using the Artist Portal provided
that you may take only those steps necessary in the circumstances to
cancel the Artist Portal or, if applicable, the transfer of the Artist Portal to
another Artist or Representative. If there is a dispute between or among
you and any third party (including a Representative) any aspect of the
Artist Portal, you must immediately stop using the Artist Portal while the
dispute is pending. It is your responsibility, along with the applicable third
party, to resolve any dispute or other conflict related to or arising from your
Artist Portal, or your use of the Airborne Service.
5.5 Airborne will have no obligation to participate in resolving any disputes
referred to in clause 5.4 but reserves the right to suspend, limit or cancel
any Artist Portal or the rights of any Registered User, in accordance with
6 ARTIST PORTAL MANAGEMENT BY AIRBORNE
6.1 Airborne is entitled, at any time and from time to time, to request that you
provide, in a form satisfactory to Airborne, documentary evidence
establishing and/or confirming your identity as the Registered User of an
6.2 You agree that Airborne is entitled in its sole and absolute discretion, at
any time and from time to time, to suspend, limit or cancel your Artist
Portal or the rights of any Registered User. In this regard –
6.2.1 if Airborne suspends or limits your Artist Portal or the rights of any
Registered User, your Artist Portal will automatically become a
Suspended Artist Portal and the suspension or limitation(s) will be
effective from the date and time specified by Airborne and will be
on such terms as Airborne in its sole and absolute discretion
6.2.2 if Airborne cancels your Artist Portal or the rights of any
Registered User, the cancellation will be effective immediately.
7 SUSPENDED ARTIST PORTALS, ARTIST PORTALS IN HIATUS AND
CANCELLED ARTIST PORTALS
7.1 For as long as your Artist Portal is a Suspended Artist Portal or an Artist
Portal in Hiatus –
7.1.1 you will not be able to be Carried by Carriers for purposes of the
7.1.2 you will not receive payment of the Artist Fee;
7.1.3 you will not be entitled or able to access or use your Artist Portal in any manner, if suspended, or, if limited, only to the extent
permissible by the limitation.
7.2 If your Artist Portal is cancelled –
7.2.1 such cancellation will be effective immediately;
7.2.2 you will no longer be capable of being Carried by Carriers from the
date and time of cancellation of your Artist Portal;
7.2.3 you will no longer be able to access your Artist Portal from the
date and time of cancellation of your Artist Portal;
7.2.4 any Artist Material that you have Uploaded prior to the date and
time of cancellation of your Artist Portal will remain subject at all
times to the provisions of clause 13.3;
7.2.5 you will be paid the Artist Fee for the Payment Quarter in which
the cancellation occurs on the first Payment Date that occurs after
the date and time of cancellation of your Artist Portal, following
which you will not be entitled nor receive any further payments of
any nature from Airborne.
PART 3 – USE OF AIRBORNE SERVICE
8 TECHNICAL REQUIREMENTS
8.1 The Site, your Artist Portal and the Airborne Service can be accessed from
any internet-enabled device.
9 UPLOADING ARTIST MATERIAL
9.1 You are entitled but not obliged, at any time and from to time (unless your
Artist Portal has been suspended or limited to this effect), to Upload any
Artist Material to your Artist Portal.
9.2 You agree that any and all Artist Material that you Upload must be rated
by you in accordance with the Artist Material Rating System.
9.3 All Artist Material that is Uploaded by you to the Airborne Service must be
of reasonably sufficient quality.
10 AIRBORNE SERVICE OPERATING RULES
10.1 Airborne has developed the Airborne Service Operating Rules to govern
certain aspects of your use of the Airborne Service. The Airborne Service
Operating Rules are expressly incorporated by reference into these Terms
and form part of these Terms for all purposes.
11 RESTRICTIONS ON USE OF THE AIRBORNE SERVICE
11.1 You agree that you will not at any time attempt or actually (whether alone
or in conjunction with any third party)
11.1.1 alter, reverse-engineer, modify, circumvent, disable, amend,
tamper with or change any part of the Site and/or the Airborne
Service and/or your Artist Portal;
11.1.2 alter, reverse engineer, modify, circumvent, disable, amend,
tamper with or change any security features of the Site and/or the
11.1.3 infect the Site or the Airborne Service with any software, malware
or code that may infect, damage, delay or impede the operation of
the Site or the Airborne Service or which may intercept, alter or
interfere with any data generated by or received through the Site
or the Airborne Service.
11.1.4 allow any third party to use your Artist Portal in any way or deal
with any Artist Material in any manner other than as permitted by
11.1.5 access any Artist Portal that is not your own or for which you are
not a Registered User;
11.1.6 access any the Airborne Service by or through any means other
than through your Artist Portal;
12 THIRD PARTY ADVERTISING
12.1 From time to time, Airborne will display advertising and promotional items
generated by, and for, its commercial partners on the Site, whether
through the use of hyperlinks, banners or otherwise.
12.2 Any advertising and promotional items referred to in clause 12.1 are
provided on the Site for commercial purposes only and Airborne does not
necessarily endorse or approve such advertising and promotional items
and/or any services or products referred to in such advertising and
12.3 You agree that any reliance on, or use of, such advertising and
promotional items by you is entirely at your own risk. You are strongly
urged to review the respective privacy policies of these third party
advertisers for more information on their practices and for instructions on
apply to, and Airborne cannot and does not control the activities of such
other third party advertisers or web sites.
13 INTELLECTUAL PROPERTY
Creative Commons Licence
13.1 You agree that all Artist Material Uploaded by you is done so on the
express basis that such Artist Material will at all times be subject to the
terms of the Creative Commons Licence.
13.2 By registering an Artist Portal with Airborne you-
13.2.1 agree that any Artist Material that is Uploaded by you may be used
by Carriers through the Airborne Service in accordance with the
terms of the Creative Commons Licence; and
13.2.2 warrant that you have read and understood the terms of the
Creative Commons Licence and, further, that you have understood
the implications of the Creative Commons Licence insofar as it
relates to the use of your Artist Portal (including, without limitation,
the Uploading of Artist Material by you), the Site or the Airborne
13.3 You agree that each time you Upload Artist Material to your Artist Portal,
such Artist Material will be –
13.3.1 received and stored by Airborne on a server or servers operated
and maintained by Airborne and will become the Airborne Server
13.3.2 cannot be retrieved or removed by you from the Airborne servers;
13.3.3 will be accessible to Carriers through the Airborne Service.
13.4 Accordingly, you grant Airborne any and all rights that are required to use
the Artist Material in connection with the Airborne Service in accordance
with the Terms, including, without limitation, a worldwide, non-exclusive,
royalty-free right and license to –
13.4.1 store on Airborne’s servers the Airborne Server Copy;
13.4.2 Stream and make available for Download to Carriers, copies of
Artist Material from the Airborne Server Copy, including the right to
provide continued access to any Artist Material from the Airborne
Server Copy, to Carriers who were Carrying you when you
Uploaded the Artist Material, in order to ensure that such Carrier
is able to access the Artist Material for as long as that Carrier has
a valid Carrier Account, regardless of when such access occurs.
Use of the Site
13.5 You agree that all right, title and interest in, and to, any Intellectual
Property is, and will at all times remain, vested in Airborne or is used
and/or displayed by Airborne pursuant to agreement with the proprietor of
such Intellectual Property. You agree that you will not at any time acquire
any rights of any nature in and to the Intellectual Property.
14 SITE CONTENT AND COMPLAINTS
14.1 Airborne is committed to the principle of free expression, particularly
through the medium of the Artist Material. In this regard, you are
strongly encouraged to read the Airborne Charter.
14.2 Airborne will consider any complaint that is made to it by any Carrier or
third party regarding any Artist Material that may be Uploaded by you.
Airborne reserves the right to respond to any complaint in the manner that
it sees fit, given its commitment to the principle of free expression.
PART 4 – PRIVACY AND SECURITY
15 PRIVACY AND SECURITY
15.1 Any Confidential information provided by you to Airborne –
15.1.1 may be used by Airborne
22.214.171.124 to operate, maintain, and improve the features and
functionality of the Site and/or your Artist Portal and/or
the Airborne Service;
126.96.36.199 for internal non-marketing or
15.1.2 will not –
188.8.131.52 be used by Airborne to send commercial or marketing
messages to you without your prior consent;
184.108.40.206 be sold, shared, made available or transmitted to any
15.1.3 through your Artist Portal is stored by Airborne on a secure
15.2 When you register an Artist Portal, certain information about your Artist
Portal will be provided to other Artists or Carriers. This may include –
15.2.1 the date you opened your Artist Portal;
15.2.2 the date you last logged into your Artist Portal;
15.2.3 the country in which you are based; and
15.2.4 the number of Uploads made by you.
15.3 The name chosen by you for your Artist Portal is displayed to other users
when you use the Airborne Service, such as when you Upload Artist
Material. Your email address will not be revealed to the other users of the
15.4 Any Artist Material that you Upload may be redistributed through the
Airborne Service and may be accessed and used by Carriers.
15.5 Your Artist Portal is highly customisable. You may choose to add personal
information about yourself that may include your name, gender, profile
picture or other details, that will be visible to users of the Airborne Service.
15.6 You may at any time amend, update or correct your personal information
reflected on your Artist Portal, email preferences and privacy settings by
visiting your Artist Portal.
that require acceptance by your web browser software. If you do not wish
to accept a cookie, you are able to configure your web browser software to
enable you to decline a cookie that is to be sent to you. Please note that
if you configure your web browser software to decline cookies, the
Site (and the Airborne Service) will not function as intended.
15.8 Despite what is said above, you agree that Airborne is entitled at any time
to disclose any Confidential Information to any competent legal or
regulatory authority that makes such a request and is lawfully entitled to
obtain such information from Airborne. In this instance, Airborne
undertakes to disclose only such information as is sufficient to satisfy such
PART 5 – GENERAL
16 WARRANTIES GIVEN BY YOU
16.1 You warrant to and in favour of Airborne that –
16.1.1 you have submitted accurate and complete banking details in
respect of the Artist Bank Account; and
16.1.2 you have the legal capacity to enter into and agree to and be
bound by the Terms;
16.1.3 the Terms constitute an agreement valid and binding on you and
enforceable against you;
16.1.4 you own or otherwise control all rights to your Artist Material
(including, without limitation, any composition rights in any to any
16.1.5 you have full legal authority to act on behalf of any and all owners
of any right, title or interest in and to any Artist Material that you
16.1.6 you have the express permission to use the name and likeness of
each identifiable individual person whose name or likeness is
contained or used in any Artist Material, and to use such
individual’s identifying or personal information (to the extent such
information is used or contained in the Artist Material) as
contemplated by these Terms;
16.1.7 the use or other exploitation of your Artist Material by Airborne
and/or by users of the Airborne Service as contemplated by these
Terms will not infringe or violate the rights of any third party,
including, without limitation, any privacy rights, publicity rights,
copyrights, contract rights, or any other intellectual property or
16.1.8 to the extent you are the songwriter of any or all of any Music,
whether in whole or in part, you have the full right, power and
authority to grant the rights set out in these Terms irrespective of
the provisions of any agreement you may have entered into with
any performing rights organisation (wherever based), or any music
publisher, and that you are solely responsible for taking all steps
necessary to inform such performing rights organisation or music
publisher of your grant of a royalty free licence to Airborne for the
uses contemplated by the Airborne Service and the Terms and
that no fees or payments of any kind whatsoever will be due to any
performing rights organisation or music publisher for the use of
any Artist Material in accordance with these Terms;
16.1.9 no fees of any kind will be due any third party, including, but not
limited to, any union, guild, non-featured vocalist or musician,
engineer or producer, for the use or re-use of your any Artist
Material as permitted under these Terms.
16.2 Each of the representations and warranties given by you, will –
16.2.1 be a separate warranty and will in no way be limited or restricted
by inference from the terms of any other warranty or by any other
words in the Terms;
16.2.2 continue and remain in force irrespective of whether
220.127.116.11 your Artist Portal is suspended, limited or cancelled by
18.104.22.168 any of your rights as a Registered User are limited,
suspended or cancelled by Airborne; and
16.3 be deemed to be material.
17 EXCLUSION OF WARRANTIES
17.1 You agree that Airborne makes the Site, your Artist Portal and the
Airborne Service available to you on an “as is” basis.
17.2 Accordingly, Airborne does not make any warranties of any nature to you
regarding your use of the Site, your Artist Portal or the Airborne Service.
To avoid doubt, but without limitation, Airborne expressly does not warrant
17.2.1 that the Site, your Artist Portal or the Airborne Service will be fully
functional at all times;
17.2.2 that any particular functionality relating to your Artist Portal, the
Site and/or the Airborne Service will be available at all times;
17.2.3 that you will at any time be Carried by any Carriers.
18 LIMITATION OF LIABILITY
18.1 To the extent permitted under applicable law, under no circumstances
whatsoever, including as a result of Airborne’s negligent acts or omissions
or those of Airborne’s representatives or other persons for who Airborne
may be liable in law, will Airborne or its representatives (in whose favour
this constitutes a third party stipulation capable of acceptance in writing at
any time) be liable in any manner for any –
18.1.1 costs, claims, damages, awards, penalties, or other amounts
which may be suffered or incurred by you (or with which you have
been threatened) arising out of, whether directly or indirectly, your
use of the Site, your Artist Portal or the Airborne Service;
18.1.2 indirect, extrinsic, special, penal, punitive, exemplary or
consequential loss or damage of any kind whatsoever or
howsoever caused (whether arising under contract, tort or
otherwise and whether the loss was actually foreseen or
reasonably foreseeable), sustained by you arising out of, whether
directly or indirectly, your use of the Site, your Artist Portal or the
18.2 You agree that your sole and exclusive remedy for any dispute of any
nature with Airborne (whether in relation to your use of the Site, your Artist
Portal, the Airborne Service or otherwise) is to stop using the Site, your
Artist Portal and the Airborne Service and to immediately cancel your Artist
You indemnify and hold Airborne harmless against any losses, claims, damages,
penalties, claims, sums and other amounts which may be suffered or incurred by
Airborne (or which Airborne may threatened with) arising out of, whether directly or
19.1 your use of your Artist Portal, the Site or the Airborne Service; or
19.2 the breach of any warranty given by you in clause 16.1.
20 GOVERNING LAW AND SUBMISSION TO JURISDICTION
20.1 The Terms will be governed at all times by the substantive laws of the
Island of Jersey.
Submission to Jurisdiction
20.2 You agree that any legal action or proceedings arising out of or in
connection with the Terms and/or use of the Airborne Service, whether
directly or indirectly, will be brought in any competent court in the Island of
Jersey, alternatively, at the sole and absolute discretion of Airborne, any
English court of competent jurisdiction and irrevocably submit to the
exclusive jurisdiction of such courts.
21 WHOLE AGREEMENT
The Terms constitute the whole agreement between you and Airborne relating to
the use of your Artist Portal or the Site and supersedes any other discussions,
agreements and/or understandings regarding your use of your Artist Portal,
the Site and the Airborne Service.
22 AMENDMENT OF THE TERMS
22.1 Airborne is entitled in its sole and absolute discretion, at any time and from
time to time, to amend the Terms.
22.2 If Airborne amends the Terms as described above, it will immediately take
reasonable steps to draw your attention to the amendments. IT IS YOUR
RESPONSIBILITY TO REVIEW AND BE FAMILIAR WITH THE
AMENDMENTS TO THE TERMS.
22.3 All amendments to the Terms contemplated in this clause 22 will become
effective 30 days of the date on which you receive the email referred to in
22.4 If you do not agree to any amendments to the Terms, you must –
22.4.1 stop using your Artist Portal and the Site; and
22.4.2 cancel your Artist Portal,
before the date on which the amendment becomes effective as
contemplated in cause 22.3.
If you continue to use the Site or your Artist Portal on or after the date on which
any amendment to the Terms become effective as contemplated in cause 22.3,
you will be deemed to have accepted and agreed to the amended Terms in their
23 NO ASSIGNMENT
You will not be entitled at any time to cede, transfer or make over any of your
rights set out in the Terms or delegate, transfer or make over any of your
obligations set out in the Terms.
Any provision of these Terms which is or may become illegal, invalid or
unenforceable in any jurisdiction affected by these Terms will, as to such
jurisdiction, be ineffective to the extent of such prohibition or unenforceability and
will be severed from the balance of these Terms, without invalidating the
remaining provisions of these Terms or affecting the validity or enforceability of
such provision in any other jurisdiction.
25 NO INDULGENCE
No extension of time or waiver or relaxation of any of the provisions of these
Terms by Airborne or any agreement or other document issued or executed by
Airborne pursuant to or in terms of these Terms, will operate as an estoppel
against Airborne in respect of its rights set out in these Terms, nor will it operate
so as to preclude Airborne (other than in relation to any extension, waiver or
relaxation actually given) thereafter from exercising its rights strictly in accordance
with these Terms.
26 NO THIRD PARTY STIPULATION
The Terms create a legally binding agreement between Airborne and you.
Accordingly, unless expressly stated to be the case, the Terms do not create rights
in favour of any third party.