Acceptance of These Terms
These Terms of Use (“Terms”) form a binding agreement between you and NVCreations, LLC, doing business as Red Dirt & Road Sodas (“RD&RS,” “we,” “us,” or “our”).
By visiting the site, submitting information, purchasing a product or membership, booking or requesting a service, or otherwise using RD&RS, you agree to these Terms and our Privacy Policy.
If you do not agree to these Terms, do not use the site, submit information, or purchase through RD&RS.
Additional terms displayed on a product page, membership page, intake form, checkout, service agreement, promotion, or partner offer also apply to that transaction or service.
Eligibility and Authority
You must be legally capable of entering into an agreement to make a purchase, enroll in a membership, submit a binding intake form, or engage RD&RS for services.
If you are under the age of majority where you live, a parent or legal guardian must authorize your purchase, submission, membership, or service request.
If you use RD&RS on behalf of an artist, band, business, venue, podcast, organization, or another person, you represent that you have authority to accept these Terms and provide the submitted information on their behalf.
The RD&RS Platform
RD&RS is a music discovery, culture, community, commerce, services, and resource platform focused on Texas Country, Red Dirt, Americana, and related music communities.
Features may include:
- Artist, venue, and podcast profiles
- Music discovery, playlists, stories, and editorial content
- Streaming, social, merchandise, and support links
- Membership programs and member benefits
- Merchandise and marketplace opportunities
- Booking inquiry pathways and venue discovery
- Sessions, lessons, consulting, and creative services
- Partner offers, referrals, trials, and integrations
We may add, change, suspend, or discontinue features as the platform evolves. We will use reasonable efforts to avoid materially reducing active paid membership benefits without notice.
Memberships
RD&RS may offer Fan, Artist Basic, Artist Pro, Venue, Podcast, and other membership levels. Available benefits, pricing, eligibility, and membership periods are described on the applicable membership or product page.
Membership term and renewal
The membership term shown when you purchase controls. A membership will renew automatically only when automatic renewal is clearly disclosed and accepted during purchase.
Intake and activation
Some memberships require a completed intake form before profile setup, partner access, signage, marketplace access, referrals, or other benefits can be activated.
You are responsible for providing complete and accurate information and responding to reasonable setup requests. Delays caused by missing or inaccurate information do not automatically extend the membership term.
Benefits and eligibility
Some benefits require separate approval, technical compatibility, partner eligibility, inventory, availability, or continued good standing.
“Consideration,” “eligibility,” “access,” or an “opportunity” does not guarantee selection, placement, acceptance, publication, booking, revenue, or participation.
No guaranteed results
Membership does not guarantee playlist placement, editorial coverage, streaming growth, follower growth, merchandise sales, booking inquiries, completed bookings, press, platform verification, partner acceptance, audience growth, or financial results.
Memberships may not be transferred or resold without written approval from RD&RS.
Orders, Payments, Shipping, and Contributions
Product information
We make reasonable efforts to present accurate product descriptions, images, pricing, availability, membership benefits, and shipping information. Colors, dimensions, and appearance may vary based on production, displays, and manufacturing tolerances.
Checkout and payment
Checkout and payment processing may be provided through Shopify and its payment partners. You agree to provide accurate billing, shipping, and payment information and authorize the applicable charges, taxes, shipping, and fees shown before purchase.
Order acceptance
An order confirmation does not guarantee final acceptance. We may cancel or limit an order because of pricing errors, unavailable inventory, suspected fraud, technical problems, legal restrictions, or inability to fulfill the order.
If we cancel an accepted paid order, the applicable amount will be refunded to the original payment method.
Shipping and fulfillment
Delivery dates are estimates unless expressly guaranteed. Some merchandise may be produced, supplied, or fulfilled by artists, vendors, print partners, or other third parties.
You are responsible for providing a complete and deliverable shipping address.
Refunds, returns, and cancellations
Any product-specific refund, return, exchange, or cancellation terms displayed before purchase will govern. Otherwise, contact us promptly so the request can be reviewed based on the product or service involved.
Services already performed, membership setup already completed, custom work, used benefits, shipped items, processing costs, and nonrecoverable third-party expenses may be nonrefundable to the extent permitted by law.
Contributions
Unless expressly stated otherwise in writing, payments labeled as contributions or support are payments made to support RD&RS and are not charitable donations or tax-deductible contributions.
Submissions and User Content
“User Content” includes music, artwork, photographs, videos, biographies, logos, product information, links, event information, comments, messages, feedback, and other material you provide to RD&RS.
You retain ownership of rights you lawfully hold in your User Content.
By submitting User Content, you grant RD&RS a nonexclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, format, edit for presentation, display, distribute, link to, and promote that content in connection with RD&RS, its services, marketing, social channels, newsletters, profiles, marketplace, and community features.
This license lasts for as long as reasonably necessary to provide or promote the applicable feature. You may request removal, but removal may not affect completed publications, prior distributions, legal records, archived marketing, transaction records, or backup copies.
You represent and warrant that:
- You own the content or have permission to submit it
- The content does not violate copyrights, trademarks, privacy, publicity, confidentiality, or other rights
- The content and related information are accurate
- Any people shown or identified have provided required permissions
- The content does not contain unlawful, fraudulent, malicious, or harmful material
Submission does not guarantee acceptance, publication, coverage, playlist consideration, membership approval, or a response.
Profiles, Listings, and Public Information
RD&RS may create or maintain profiles and listings using information provided by users, members, partners, public websites, music platforms, social networks, streaming services, podcast directories, ecommerce stores, venue websites, and event services.
Public listings may include names, images, biographies, streaming links, social links, websites, merchandise, calendars, events, locations, contact pathways, and other promotional information.
Inclusion on RD&RS does not imply ownership, representation, management, sponsorship, endorsement, or an exclusive relationship unless expressly stated.
Rights holders and authorized representatives may contact us to request reasonable corrections or removal of eligible profile information.
Bookings, Referrals, Marketplace, and Platform Fees
Booking inquiries
RD&RS may provide a pathway for talent buyers, venues, promoters, artists, and other parties to express booking interest or exchange information.
Unless RD&RS signs a separate written agreement stating otherwise, RD&RS is not the artist’s booking agent, manager, employer, label, venue operator, promoter, or guarantor.
The applicable artist, representative, venue, promoter, or buyer is responsible for negotiating and performing any final agreement.
Referrals and partner opportunities
RD&RS may receive referral compensation or other value when users purchase, enroll in, or engage with certain partner products, services, platforms, or opportunities.
Eligibility, acceptance, pricing, service quality, and performance remain subject to the partner’s independent terms and decisions.
Marketplace and service fees
Some paid services, items, bookings, merchandise, promotions, referrals, transactions, or other opportunities purchased or facilitated through RD&RS may include a platform and transaction fee when applicable.
The applicable fee, including any 10% platform and transaction fee, will be disclosed through the relevant intake, agreement, listing, transaction, or acknowledgement before it is charged or withheld.
RD&RS does not guarantee that an inquiry, referral, listing, profile, or marketplace opportunity will produce a sale, booking, engagement, partnership, or financial result.
Third-Party Platforms and Services
RD&RS may link to, display, embed, integrate with, or rely on third-party services such as Shopify, Google, Klaviyo, Spotify, Apple Music, YouTube, Bandsintown, Band2G, Playola, social platforms, ecommerce providers, payment processors, shipping providers, and artist or venue websites.
Third-party services are governed by their own terms, policies, fees, availability, and technical requirements. RD&RS does not control and is not responsible for their independent conduct, content, availability, security, decisions, or performance.
A third-party link, integration, badge, listing, referral, or mention does not necessarily constitute an endorsement or guarantee.
Third-party platform changes may affect RD&RS features without advance notice.
RD&RS Intellectual Property
The RD&RS website, branding, logos, name, visual identity, original writing, curation, layouts, graphics, software, databases, compilations, and platform features are owned by or licensed to RD&RS and are protected by applicable intellectual-property laws.
You may use the site for lawful personal or authorized business purposes. You may not copy, reproduce, modify, distribute, sell, license, scrape, republish, or exploit protected RD&RS materials without permission, except where allowed by law.
Artist names, music, artwork, merchandise, venue names, podcast brands, third-party logos, and other third-party materials remain the property of their respective owners.
Copyright and rights complaints
To report content that you believe infringes your rights, email hello@reddirtroadsodas.com with identification of the material, the location of the material, your contact information, and an explanation of your rights.
Acceptable Use
You may not use RD&RS to:
- Violate any law, regulation, contract, or court order
- Infringe intellectual-property or privacy rights
- Submit false, deceptive, unauthorized, or misleading information
- Impersonate another person, artist, venue, or business
- Upload malware or interfere with the site, checkout, database, security, or infrastructure
- Scrape, harvest, crawl, or extract data through unauthorized automated means
- Attempt to gain unauthorized access to systems or information
- Abuse submissions, forms, booking pathways, referral programs, discounts, or membership benefits
- Harass, threaten, exploit, defraud, or harm RD&RS users, members, partners, artists, venues, or staff
- Resell, sublicense, or commercially exploit platform access without written permission
We may investigate suspected violations and restrict access, remove content, cancel benefits, reject transactions, or cooperate with lawful authorities when reasonably necessary.
Disclaimers
To the maximum extent permitted by law, RD&RS and its services are provided “as is” and “as available.”
We do not warrant that the site will always be uninterrupted, error-free, secure, accurate, complete, or compatible with every device or third-party service.
Editorial content, rankings, playlists, profiles, stories, recommendations, trend information, and resource materials reflect curation, available data, opinion, or automated processes and should not be treated as professional, legal, financial, tax, or investment advice.
RD&RS does not guarantee the conduct, identity, quality, availability, legality, performance, payment, or reliability of any artist, buyer, venue, podcast, vendor, member, partner, service provider, or third party.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent permitted by law.
Limitation of Liability and Indemnification
Limitation of liability
To the maximum extent permitted by law, RD&RS, NVCreations, LLC, and their owners, employees, contractors, affiliates, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost opportunities, loss of goodwill, or business interruption.
To the maximum extent permitted by law, our total aggregate liability arising from or relating to RD&RS will not exceed the greater of $100 or the amount you paid directly to RD&RS during the 12 months preceding the event giving rise to the claim.
These limitations do not apply where liability cannot lawfully be excluded or limited.
Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless RD&RS, NVCreations, LLC, and their owners, employees, contractors, affiliates, and representatives from claims, losses, liabilities, damages, and reasonable expenses arising from your User Content, violation of these Terms, misuse of the platform, or infringement of another party’s rights.
Suspension and Termination
We may suspend, restrict, or terminate access to RD&RS, remove content, decline submissions, cancel benefits, or end a membership when reasonably necessary because of:
- A violation of these Terms
- Fraud, abuse, harassment, or illegal activity
- Nonpayment, chargebacks, or payment disputes
- False, misleading, or unauthorized information
- Security, technical, reputational, or legal risk
- Conduct that materially harms RD&RS, its community, or its partners
Sections that by their nature should survive termination will remain effective, including ownership, licenses, payment obligations, disclaimers, liability limitations, indemnification, and governing-law provisions.
Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Before filing a formal legal claim, you agree to contact us and make a good-faith attempt to resolve the dispute informally.
Unless applicable law requires otherwise, disputes arising from these Terms or RD&RS will be brought in the state or federal courts located in Tarrant County, Texas, and you consent to their jurisdiction and venue.
Nothing in these Terms prevents either party from seeking appropriate emergency or injunctive relief.
Changes to These Terms
We may update these Terms as RD&RS evolves, our services change, or legal requirements are updated.
Updated Terms will be posted on this page with a new effective date. Material changes may also be communicated through the site, email, or another reasonable method.
Your continued use of RD&RS after updated Terms become effective constitutes acceptance of the revised Terms.
Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be enforced to the greatest extent permitted by law.
Our failure to enforce a provision is not a waiver of that provision or any other right.
You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a restructuring, financing, merger, acquisition, or transfer of business assets.
These Terms, the Privacy Policy, and any applicable product, membership, intake, checkout, promotion, or service terms constitute the entire agreement relating to your use of RD&RS.
Contact Us
Questions about these Terms, purchases, memberships, rights complaints, or RD&RS services may be directed to:
NVCreations, LLC
Doing business as Red Dirt & Road Sodas
Fort Worth, Texas, United States
hello@reddirtroadsodas.com