Topgun Music

Catalog Platform Portal Terms & Conditions

Portal Terms and Conditions · v. 30 June 2026

These terms (the "Terms") apply to your use of the Catalog Platform desktop and mobile application portals ("Portal") which if you are accepted to join the service you will be given access to. Please read these terms carefully and ensure that you understand them before you use the Portal. By downloading, accessing and/or using the Portal, you confirm that you have read, understood and accepted these Terms and that you agree to abide by them and any changes made to them from time to time. You acknowledge that the Terms constitute a legally binding contract between us and you (and, if relevant, any organisation on whose behalf you are acting). If you are acting on behalf of any organisation, you confirm that you have the requisite authority, power and right to fully bind that organisation. You also agree that you shall not use the Portal in any manner not expressly permitted by these Terms or which is deemed unlawful or fraudulent. If you (or, if relevant, your organisation) do not agree to the Terms (or if you do not have the right to bind your organisation), you must not download, access or use the Portal.

The Portal is owned and operated by, or on behalf of, Topgunmusic Corp ("we" or "us" or "Topgunmusic"). Topgunmusic Corp is a corporation organized under the laws of the State of Illinois, United States, with its principal office at 1477 N Winslow Dr, Apt 302, Palatine, IL 60074, United States. Our federal Employer Identification Number (EIN) is 86-1350075. These Portal Terms and Conditions together with the (i) Privacy Policy and the Publishing Terms of Service (including all processes and requirements referenced therein) referred to as the "Published Topgunmusic Policies" each as updated from time to time constitute the agreement between Topgunmusic and you.

1. For security reasons, access to your Portal will be strictly controlled by the use of a username/password combination, which Topgunmusic will issue to you by email. This username/password combination may be changed by Topgunmusic from time to time. As your password protects your account on the Portal, you should use a strong and unique password.

2. You must not misuse the Portal by knowingly introducing viruses, or other damaging content which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server computer or database connected to the Portal.

3. You must not leave the electronic device from which you have accessed your Portal unattended whilst you are logged on, or allow anyone else to access your Portal using your username or password. On-line access will be subject to automatic time outs after a period of inactivity as determined by us. We may refuse to allow you or the representatives you have authorised access to your Portal if we reasonably suspect that an unauthorised person is attempting to log in to access it, or incorrect details are used in attempting to log in. The Portal may only be accessed and used on a device owned or controlled by you and running the relevant operating system for which the Portal was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to access and use the Portal.

4. If you register for any feature that requires a password and/or username and you agree that: (i) you are solely responsible for all activities that occur under your account, password, and username - whether or not you authorized the activity; (ii) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Portal using your name, username, or password; (iii) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (iv) you will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations (subject to any liability which we cannot exclude under section 14).

5. As there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the Internet, you hereby expressly assume such risks. Provided we have used reasonable levels of security and encryption we shall have no liability to you in respect of any unauthorised access to your Portal.

6. You acknowledge that we may rely on any instructions or actions taken on your Portal (including, updating catalogue information, adding new songs, approving adaptation requests, uploading audio or taking online advances to the extent we offer that option to you).

7. We aim to update the Portal regularly, and may change the content at any time. If the need arises, we may suspend access to the Portal, or close it indefinitely, without notice. In addition, we do not warrant that the functions or materials on, or access from, the Portal shall be uninterrupted or free from errors.

8. The Portal and the content and data provided through it (including all software applications) are the sole property of Topgunmusic (or entities that have licensed rights to Topgunmusic) and we grant to you a limited, non-exclusive, revocable licence to make personal, non-commercial use, or, if you are a business user, for the internal business purposes of your organisation, of the Portal on your device and to receive the content made available through the Portal on your device. We may assign these Terms or any part thereof without restrictions. You may not assign these Terms or any part thereof, not transfer or sub-licence your rights under these Terms to any third party.

9. Except as set out in these Terms, you are not allowed to: (i) republish, redistribute or re-transmit the Portal; (ii) copy or store the Portal (including any of its content or data) other than for your use as permitted by these Terms and as may occur incidentally in the normal course of use of your browser or mobile device; (iii) create a database by systematically downloading and storing any content or data from the Portal; (iv) remove or change any content or date in the Portal or attempt to circumvent security or interfere with the proper working of the Portal or any servers on which it is hosted; and (v) otherwise do anything that it is not expressly permitted by these Terms.

10. Whilst Topgunmusic takes reasonable data precautions and care to ensure that the Portal is free of computer viruses, we do not guarantee that the use of the Portal will not cause damage to your device nor do we guarantee the security of user information on your device at any time. Accordingly, the Portal is provided to you "As Is", without express or implied warranty or condition of any kind. Your use of the Portal is at your own risk and we disclaim any warranties or conditions of merchantability, fitness for a particular purpose of non-infringement. By agreeing to these Terms, you agree that you are solely responsible for ensuring that you have suitable equipment, security and virus protection in place on your device before using the Portal.

11. We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Portal or that the Portal will respond at a certain speed. You agree that downloading, accessing and use of the Portal is on an 'as is' and 'as available' basis and at your sole risk.

12. Information made available through the Portal is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

13. Except as expressly set out in these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content or data in the Portal and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content or data in the Portal.

14. To the fullest extent permitted at law, Topgunmusic (including its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors) shall not be liable for any (i) economic loss or damage (including loss of profit, revenue, business, contract, goodwill, or other financial loss); or (ii) any special, indirect or consequential loss or damage however caused arising out of or in connection with the use of the Portal. We do not exclude or restrict our liability for death or personal injury resulting from our negligence or that of our agents. Or for fraudulent misrepresentation made by us to you, in relation to the Portal. In addition, nothing in these terms shall exclude, restrict or limit any other liability that may not be limited or excluded by law.

15. As part of our security functionality, we require you to use multi-factor authentication to use the Portal. You may use a third party authentication app ("Authentication App"). When you download the Authentication App, you may need to agree to separate terms with the third party provider and/or the relevant app store. The Authentication App is not provided by Topgunmusic and Topgunmusic is not a party to any such terms.

16. We may require a fee to be paid prior to acceptance of you to the Portal. This fee will be communicated to you at the time you are accepted to the Portal. The fee is non-refundable unless otherwise agreed in writing. By uploading any songs or content to our portal, you acknowledge that you are providing consent to immediate performance of the digital service. In accordance with all applicable law, you expressly agree that, by uploading content and thereby requesting the immediate commencement of the digital service, any right you may have to cancel and request a refund will be lost once the digital content has been uploaded to the Portal and the service has commenced.

17. You expressly consent to receive telephone calls, text messages (e.g., SMS, MMS, RCS, over-the-top (OTT) messaging such as iMessage or WhatsApp, or successor protocols or technologies), voicemails, and emails (collectively, "Communications") from or on behalf of Topgunmusic regarding your application, your account, your use of the Services, any transaction(s), information and alerts, and/or your relationship with Topgunmusic, at any telephone number or email address you provide to us or which we may obtain by other legal means.

We may also use your telephone number(s) or email address(es) for multi-factor authentication ("MFA"), to confirm your identity and help protect the security of your account. Communications may be made or sent using an automated system. You agree to receive automated Communication from Topgunmusic even if you cancel your account or terminate your relationship with us, unless you opt-out.

We may also use your telephone number and/or email address to contact you for marketing purposes, such as to provide special offers or details regarding our products or services. Such marketing Communications may be made to your telephone number even if registered on any state or federal Do Not Call list. You understand that you do not have to agree to receive automated marketing Communications as a condition of purchasing any goods or services.

You verify that you are the current subscriber and/or owner of any telephone number that you provide to Topgunmusic and that you are authorized to consent to and receive Communications at that telephone number. You are strictly prohibited from providing a phone number that is not your own. If you provide your phone number(s) in conjunction with a business account, you represent and warrant that any such number is a business telephone number and agree it shall not be treated as a residential telephone line for purposes of any Communications from or on behalf of Topgunmusic. Should any of your contact information change, including ownership of your telephone numbers, you agree to notify us immediately by contacting us by email at contact@topgunmusic.org.

You are responsible for maintaining all devices, equipment, and services needed to receive Communications. Frequency varies. Message and data rates may apply. You are solely responsible for any carrier charges. Contact your carrier for details.

You shall at all times defend, indemnify and hold harmless Topgunmusic and its affiliates and their respective employees, affiliates, representatives, agents, administrators, subpublishers, licensees and distributors (collectively, the "Other Indemnitees") from and against any and all demands and/or claims by third parties and resulting damages, liabilities, losses, costs and expenses, including actual out-of-pocket legal expenses and reasonable counsel fees, arising out of any alleged breach or breach by you of any warranty, representation or agreement made herein, or pertaining to any act, error or omission committed by you or any person or entity acting on your behalf (or on whose behalf you are acting) or under your direction or control, or relating to or arising out of any actual or alleged violation of any federal or state tort or privacy or consumer protection statute, including without limitation the federal Telephone Consumer Protection Act and state law equivalent statutes, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You will reimburse Topgunmusic and the Other Indemnitees, on demand, for any payment made at any time after the date hereof in respect of any liability or claim for which Topgunmusic or the Other Indemnitees are entitled to be indemnified, or Topgunmusic may elect to deduct any such payments from all sums otherwise due you hereunder.

Your obligations under this section including the indemnity obligations survive termination of this Agreement.

18. By clicking "I Agree," "Accept," or any similar button, or by proceeding with the use of our services, you acknowledge and agree that this action constitutes your electronic signature. This electronic signature is legally equivalent to a handwritten signature and indicates your full acceptance of these Terms and Conditions. You agree that this acceptance has the same force and effect as a physical signature for the purposes of forming a binding contract.

19. This Agreement is governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of laws principles. You and Topgunmusic agree that the state and federal courts located in Cook County, Illinois shall have exclusive jurisdiction to resolve any dispute or claim that arises out of or in connection with this Agreement.