Whyte Nation Terms of Use
Effective as of: March 24, 2023
Introduction
Please read these Terms of Use ("Terms") carefully, as they govern your use of (which includes access to) Whyte Nation’s personalized platform for streaming music and related content, including all websites, apps, and services that link to or reference these Terms (collectively, the “Whyte Nation Service”), along with any music, audio, video, or other creative material available through the platform ("Content").
Your access and use of the Whyte Nation Service are also subject to our Privacy Policy and any additional terms that may be presented during your use—each of which is incorporated into these Terms by reference.
By signing up for or using the Whyte Nation Service, you confirm your agreement to these Terms. If you do not agree, you must not access or use the Whyte Nation Service or any associated Content.
NOTE: THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT IN SECTION 6 THAT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN JURY TRIALS OR COURT PROCEEDINGS, AND EXCLUDES PARTICIPATION IN CLASS ACTIONS. ARBITRATION INVOLVES LIMITED DISCOVERY AND LIMITED RIGHTS TO APPEAL.
Service Provider
These Terms are entered into between you and Whyte Nation. For all inquiries, contact us at: music@whytenation.cc
Age and Eligibility Requirements
BY ACCESSING THE WHYTE NATION SERVICE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD, OR, IF YOUNGER, AT LEAST 13 YEARS OLD AND HAVE OBTAINED CONSENT FROM A PARENT OR LEGAL GUARDIAN TO AGREE TO THESE TERMS. You also affirm that any registration or account information you provide is truthful, complete, and kept up to date at all times.
- The Whyte Nation Service
Service Options
Whyte Nation offers multiple service levels. Some features are available free of charge, while others require a paid upgrade ("Paid Subscriptions"). We may also run special offers, membership programs, or promotions, which could include access to third-party services. Whyte Nation is not responsible for the quality, performance, or content of any third-party offerings.
Trials
From time to time, Whyte Nation or its partners may offer time-limited access to Paid Subscriptions at no cost or a discounted rate (“Trial”). By participating in a Trial, you agree to comply with all applicable terms related to Whyte Nation Paid Subscriptions.
Third-Party Applications, Devices & Open Source Software
The Whyte Nation platform may integrate with or function alongside applications, websites, and services operated by third parties ("Third-Party Applications"), as well as various devices such as mobile phones, tablets, smart speakers, and wearables ("Devices"). Your use of such Third-Party Applications or Devices may be governed by separate terms and policies from the respective third-party providers. Compatibility with the Whyte Nation Service is not guaranteed.
Service Limitations & Modifications
We make every reasonable effort to keep the Whyte Nation Service running smoothly and to deliver a personalized and inspiring musical experience. However, Whyte Nation reserves the right to adjust or change its offerings and their availability at any time without prior notice or liability. For example:
- Temporary service interruptions may occur due to technical maintenance, updates, or legal changes.
- Features, plans, or content offerings may be updated, changed, suspended, or discontinued, either partially or fully.
- There is no obligation to continue offering specific content. Songs, videos, and other material may be removed by Whyte Nation or content owners without notice.
If you have paid fees in advance for a subscription that Whyte Nation later discontinues before the end of your paid term, you may be eligible for a prorated refund. To receive a refund, your account and billing information must be accurate and current.
Whyte Nation is not liable for interruptions in service caused by events beyond our control, including but not limited to actions of third parties or force majeure events.
- Your Use of the Whyte Nation Service
Creating a Whyte Nation Account
To access all features of the Whyte Nation platform, you may be required to create an account. Your username and password are for your personal use only and must remain confidential. You are responsible for any and all activity under your account, including unauthorized access. If you suspect your account credentials have been lost, stolen, or misused, contact us immediately at music@whytenation.cc.
Whyte Nation reserves the right to reclaim or request a username change at any time for any reason.
Your Rights to Use the Whyte Nation Service
Access to the Service
Provided you comply with these Terms and any applicable policies, Whyte Nation grants you a limited, non-exclusive, revocable license to use the platform and its content for personal, non-commercial purposes (“Access”). This license remains active until terminated by you or Whyte Nation. Redistribution or transfer of the platform or its content is not permitted.
All applications and content on the Whyte Nation platform are licensed—not sold—and Whyte Nation retains full ownership, including after any installation on your devices.
Proprietary Rights
The Whyte Nation platform, its content, and all associated materials are the property of Whyte Nation or its licensors. All trademarks, logos, names, and other brand elements (“Whyte Nation Brand Features”) are protected and solely owned by Whyte Nation or its licensors. These Terms do not grant you any rights to use Whyte Nation Brand Features, for commercial or non-commercial purposes.
You agree to follow Whyte Nation’s User Guidelines and refrain from using the platform or its content in ways not explicitly permitted in these Terms.
Payments and Cancellation
Billing
You can subscribe to Whyte Nation’s Paid Services directly or through authorized third parties. Subscriptions may be billed monthly or at another interval disclosed during purchase. Alternatively, you may prepay for a fixed period (“Prepaid Period”).
If you purchase through a third party, their terms may also apply. For any payment-related concerns, including refunds or cancellation, contact the respective third party. Codes, gift cards, or promotional offers provided by Whyte Nation are governed by the applicable terms for those offers.
Purchases of individual content such as audiobooks (if offered) will be subject to separate terms.
Price and Tax Changes
Whyte Nation may modify pricing or service terms for subscriptions, prepaid periods, or codes. You will be notified in advance of any changes. Adjusted pricing will take effect in the next billing cycle, and continued use after the change constitutes acceptance. If you do not accept the new pricing, you may cancel your subscription before the change takes effect.
Tax calculations are based on the billing information you provide and may vary with changes in tax regulations.
Renewal and Cancellation
Unless otherwise noted for Prepaid Periods, subscriptions will auto-renew at the end of each term. To cancel, you must do so before the renewal date. Cancellation will take effect after your current billing cycle ends, and your account will revert to the free version. Refunds or credits are not issued for partial subscription periods, unless explicitly stated in these Terms.
For subscriptions activated via codes, access will expire at the end of the stated period or when the prepaid balance runs out.
User Guidelines
Whyte Nation maintains a set of User Guidelines to ensure a respectful and inspiring experience for all users. You are required to follow these Guidelines, all applicable laws, and respect the rights of others, including intellectual property and privacy rights.
Brand Accounts
If you are creating an account on behalf of a business, label, organization, or other entity (“Brand”), the term “you” applies to both the individual and the Brand. By doing so, you confirm that you are authorized to bind the Brand to these Terms and to grant all necessary permissions and licenses.
Brands may engage with the platform (e.g., follow users or create playlists), but must not suggest endorsements, affiliations, or commercial relationships without the proper rights. Full transparency and legal compliance are required when interacting with users, artists, or any party for promotional purposes.
Export Control and Sanctions
Certain Whyte Nation products or services may be subject to applicable trade regulations. By using the platform, you confirm that you are not located in or associated with any restricted territories or entities under international sanctions. You also agree not to export, re-export, transfer, or distribute any content or technology received from Whyte Nation in violation of these laws.
Whyte Nation is not obligated to provide services where doing so would contravene applicable trade or sanctions regulations, and reserves the right to abstain from participation in such transactions at its discretion.
- Content and Intellectual Property Rights
User Content
The content you share on Whyte Nation
Users of Whyte Nation may upload, post, or otherwise contribute content across the platform (“User Content”). For clarity, User Content includes any materials, media, or other content created, submitted, distributed, uploaded, or posted by users to the Whyte Nation platform.
You are entirely responsible for any User Content you share.
By submitting User Content, you confirm that: (1) you either own the content or have all necessary rights to post it; and (2) the content, or its use by Whyte Nation under the license below, does not: (i) breach these Terms, any applicable law, or infringe upon the rights of any third party; or (ii) suggest any endorsement or affiliation with you or your content by Whyte Nation, artists, producers, or any third party, unless such endorsement has been explicitly authorized in writing.
When posting or sharing on Whyte Nation, remember that your content may be publicly viewable, and it can be reshared by others both on and beyond the platform. Exercise care when sharing and be mindful of your privacy settings. Whyte Nation is not responsible for any content posted or shared by you or others on the platform.
Monitoring User Content
Whyte Nation may—but is not required to—monitor or review User Content. We reserve the right to remove or restrict access to any User Content, at any time and for any reason, with or without notice.
Licenses You Grant to Whyte Nation
User Content
You retain full ownership of any User Content you post. However, to make your content accessible and functional within the Whyte Nation platform, you grant us a limited license. By posting, you provide Whyte Nation with a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to use, reproduce, display, perform, distribute, translate, adapt, modify, and create derivative works from your User Content across any medium or method, now known or later developed, in connection with the Whyte Nation platform.
Where allowed by law, you also agree to waive any "moral rights" you may hold in relation to your User Content—including the right to be credited as the creator and the right to object to how the content is used—whether this includes feedback or otherwise.
Feedback
Any feedback, ideas, or suggestions you provide related to Whyte Nation or its services ("Feedback") will be treated as non-confidential. By providing such Feedback, you grant Whyte Nation full permission to use it without any restrictions or compensation. Feedback is considered a form of User Content under these Terms.
Your Device
You also grant Whyte Nation the right to: (1) utilize your device’s processor, bandwidth, and storage to facilitate platform operations; (2) present advertising and other information to you; and (3) allow our partners to do the same.
Content Experience
The content you experience on Whyte Nation, including its organization and presentation, may be influenced by our partnerships and commercial agreements.
Some content provided by or available through Whyte Nation (such as podcasts or shows) may include promotional content or advertising.
Infringement Claims
Whyte Nation respects intellectual property rights. If you believe any content on the platform infringes your rights, please contact us at music@whytenation.cc.
- Customer Support, Information, Questions, and Complaints
Whyte Nation Community
The Whyte Nation community serves as a space for conversation, insights, and the exchange of knowledge, resources, and experiences related to the platform. Use of this space implies acceptance of the Community Guidelines.
Customer Support, Information, Questions, and Complaints
If you require help with account access, billing, or general questions (“Customer Support Queries”), please reach out through the support tools provided on our platform.
For any questions regarding Whyte Nation or these Terms (including any related terms), please contact our team at music@whytenation.cc.
- Problems and Disputes
Suspension and Termination
These Terms remain in effect until terminated by you or Whyte Nation. Whyte Nation may suspend or terminate access to the platform at any time, with or without cause, including if these Terms are violated, if the service is discontinued, or to comply with legal obligations. If either party ends these Terms or your access is suspended, you acknowledge Whyte Nation holds no liability, and unless otherwise specified, no refunds will be issued for payments already made. You may terminate your use of the platform at any time. To close your account, please refer to our support resources.
The following sections remain active even after termination: Sections 2 (The Whyte Nation Service), 3 (Your Use of the Whyte Nation Service) (except where otherwise stated), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any provisions that, by nature, are intended to survive termination.
Warranty Disclaimers
THE WHYTE NATION SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WHYTE NATION AND ALL CONTENT PROVIDERS DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHYTE NATION MAKES NO GUARANTEE THAT THE PLATFORM OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. FURTHERMORE, WHYTE NATION DOES NOT GUARANTEE OR ACCEPT RESPONSIBILITY FOR THIRD-PARTY CONTENT, USER CONTENT, DEVICES, OR ANY PRODUCT OR SERVICE FEATURED OR PROMOTED VIA WHYTE NATION OR ANY LINKED PLATFORMS. TRANSACTIONS BETWEEN YOU AND THIRD PARTIES ARE SOLELY YOUR RESPONSIBILITY.
ANY INFORMATION OR ADVICE YOU OBTAIN FROM WHYTE NATION, WHETHER WRITTEN OR SPOKEN, DOES NOT CREATE A WARRANTY UNLESS EXPRESSLY STATED. WHILE WHYTE NATION MAY OFFER EXPLICIT CONTENT FILTERS, THESE MAY NOT CATCH ALL EXPLICIT MATERIAL, AND YOU SHOULD NOT RELY ENTIRELY ON THESE FEATURES TO BLOCK SUCH CONTENT. THIS SECTION IS ENFORCEABLE TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW.
Some regions do not allow the exclusion of certain implied warranties or limitations on statutory consumer rights, so some elements of this section may not apply to you. Here’s a reimagined, brand-aligned version of this section tailored for Whyte Nation—keeping the legal essence but translating it into a more human-centered, empowering, and artist-first voice:
? Limitation of Liability & Claim Window
At Whyte Nation, we’re here to empower and inspire through music—not frustrate you with red tape. So if you're ever dissatisfied with our platform, your best step is to stop using our services and uninstall any related software. We won’t hold you to more than that.
We’re not responsible for third-party apps or content outside our control. If you have issues with them, the fix is to stop using them—simple as that.
To the maximum extent allowed by law, Whyte Nation and anyone we partner with (team members, licensors, affiliates, etc.) aren’t liable for:
- ? Indirect, incidental, special, or consequential damages
- ? Loss of data, profits, or business opportunities (even if we were warned)
- ? Any total liability that goes beyond the greater of what you paid us in the last year—or $30
We’re not trying to dodge responsibility where it matters. We do not limit our liability in cases of fraud, death, personal injury, or where the law doesn’t let us.
Also, any legal claim you have must be filed within one year of when you first noticed the issue—or it’s considered expired.
? Third-Party Rights
Some app stores (like Apple) or content providers have their own agreements. They can enforce these terms if needed. But apart from that, these Terms are just between you and Whyte Nation—not a free pass for outsiders.
For iOS users: Apple’s not responsible for our platform or its content. They don’t owe you support, and any issue you have with Whyte Nation is between us—not them. Still, Apple is considered a third-party beneficiary of these Terms and can enforce them where needed.
?️ You Agree to Protect the Vibe (Indemnification)
We’re building a safe, inspiring space. If your actions break these Terms, violate someone’s rights, or cause legal issues, you agree to cover the costs—including reasonable legal fees. This includes:
- ? Breaching our Terms
- ?️ Posting harmful or unlawful content
- ? Misusing the platform
- ? Violating the law or someone’s rights
⚖️ Governing Law, Venue & No Jury Trials
These Terms—and any disagreements tied to them—are governed by the laws of New York State. If we ever have a serious dispute that ends up in court, it’ll be in New York City, and we both waive the right to a jury trial.
? Arbitration Agreement
We believe in resolving things fairly, efficiently, and without drama. That’s why we’ve set up an Arbitration Agreement.
? What It Means
Most disputes between you and Whyte Nation will be handled through individual arbitration—not court, not class actions. There’s no judge or jury, but the arbitrator can award you the same kinds of relief that a court could (just for you, not a group).
⚖️ Exceptions
There are a few times when court is still on the table:
- ? IP infringement cases
- ? Requests for temporary or emergency relief
- ?️ Filing in small claims court
You can also go to the appropriate government agency if needed.
? No Class Actions
You and Whyte Nation both agree: no group lawsuits or class actions. If a court says this rule can’t be applied in a certain situation, only that part will go to court—everything else stays in arbitration.
? Let’s Talk First: Informal Resolution
Before heading into arbitration, we ask that you first send us a written notice of the issue at legal@whytenation.cc. Tell us:
- Your full name and Whyte Nation username
- The nature of the issue
- The damage or problem caused
- The specific outcome or fix you're seeking
We’ll have 60 days to try to resolve things informally—via email, call, or a video chat if you want. Both you and Whyte Nation agree to genuinely try to settle things during this time.
During this period:
- Time limits on legal claims are paused (tolling).
- Arbitration can’t begin until this good-faith effort is complete.
Arbitration and Legal Disputes
How Arbitration Works
If either you or Whyte Nation has a disagreement that can't be resolved informally, either side may choose to resolve it through arbitration—a private legal process instead of going to court.
All arbitration will be handled by National Arbitration and Mediation (NAM), using their standard rules unless we agree otherwise. You can read about their rules and how to start arbitration at: www.namadr.com/resources/rules-fees-forms. The Federal Arbitration Act governs how this process works, even if another state’s law normally applies.