Musiikin Jakelu

Micael.fi on Suomen ensimmäinen alusta musiikin jakeluun. Jakelemme musiikkia maailman suosituimpiin musiikkipalveluihin ilman monimutkaisia levy- tai jakelusopimuksia. Spotify, Apple Music, Tidal ja monet muut musiikkikirjastot muutaman klikkauksen päässä. 

Spotify

Ruotsalainen Spotify on länsimaiden suosituin musiikkipalvelu. Julkaisemalla Spotifyssa musiikkisi tavoittaa laajan yleisön ja monipuoliset soittolistat.

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Apple Music

Etenkin Yhdysvalloissa suosittu Apple Music tavoittaa lisää potentiaalisia kuulijoita musiikillesi. Tilaääni™ ja monipuoliset soittolistat tarjoavat mahdollisuuden erottua joukosta.

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Tidal

Tidal on suosittu musiikkipalvelu alan toimijoiden keskuudessa. Valitse Tidal mukaan jakelulistalle ja mahdollistat musiikkisi soittamisen helposti mm. tapahtumissa ja ravintoloissa.

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DJ:n käytössä

TikTok

Lyhytvideoihin ja musiikkiin perustuva TikTok hallitsee tämän hetken viraali-ilmiötä ja on merkittävässä roolissa uuden yleisön löytämisessä. TikTok onkin nostanut itsensä yhdeksi johtavista musiikin jakelukanavista.

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Valitse missä palveluissa haluat kappaleesi julkaistavan. Jakelusta veloitetaan vain yksi palvelumaksu (alk. 9,90€) riippumatta musiikkipalveluiden määrästä.
Julkaisupäivä tulee asettaa vähintään 14 vrk päähän jakeluajankohdasta (tänään) jotta suoratoistopalvelut ehtivät käsittelemään julkaisusi.
Julkaisulla tarkoitetaan julkaistavan kappaleen nimeä.
Esittäjä on kappaleen ensisijainen artisti / yhtye. Mahdolliset vierailevat (feat) artistit ilmoitetaan myöhemmin
Kansi on kappaleesi visuaalinen ilme suoratoistopalveluissa. Sen tulee olla kooltaan 3000x3000px.
Kappaleella tarkoitetaan valmista musiikkitiedostoa eli niin kutsuttua masternauhaa.
Tyylilajit (genre) kertovat suoratoistopalveluille julkaisusi sisällöstä ja avustavat alustoja järjestämään näitä esimerkiksi soittolistoille.
Tyylilajit (genre) kertovat suoratoistopalveluille julkaisusi tyylistä ja avustavat järjestämään kappaleita esimerkiksi soittolistoille.
Vieraileva artisti (feat) on kappaleella esiintyvä yhtyeen ulkopuolinen solisti tai muu taiteilija joka halutaan mainita kappaleen nimessä.
Kielellä tarkoitetaan kappleen sanoituksessa käytettävää kieltä. Jos kieliä on useita, valitse ensisijainen.
ISRC -koodi on tunniste jolla helpotetaan korvausten ohjausta oikeille tahoille. Jos sinulla ei ole kappaleelle ISRC -koodia saat sen julkaisun yhteydessä.

Melkein valmista!

Valitse alta julkaisutyyppi ja siirry maksamaan!

  • Julkaisu €9,90

    Kappaleen jakelu valittuihin suoratoistopalveluihin.

  • Julkaisu+ €39,00

    Kappaleen jakelu valittuihin suoratoistopalveluihin. Rojaltiohjaukset suoratoistopalveluista tekijöille, hallintatyökalut ja promomateriaalit käyttöösi.

Julkaisemalla hyväksyt yleiset käyttöehdot ja tietosuojaselosteen.

  1. Rekisterinpitäjä

Nimi: Micael Music Oy

Y-tunnus: 3227944-8

Osoite: Hämeenkatu 5

Postinumero: 00530

Postitoimipaikka: HELSINKI

Sähköpostiosoite: info@micael.fi

2. Rekisteriasioita hoitava henkilö

Yritys: Micael Music Oy

Nimi: Arttu Ahola

Sähköposti: arttu@micael.fi

3. Tietosuojavastaava

Yritys: Micael Music Oy

Nimi: Arttu Ahola

Sähköposti: arttu@micael.fi

4. Rekisterin käyttötarkoitus

Kerättäviä henkilötietoja käytetään:

Asiakkaan tunnistautumiseen ja käyttöoikeuksien hallintaan. Rekisteröityneiden käyttäjien tilausten toimittamiseen ja asiakassuhteen ylläpitoon sekä kehittämiseen.

5. Tietojen keräämisen ja käsittelyn peruste

Asiakkaan tietoja kerätään ja käsitellään asiakkaan suostumuksella, tai asiakkaan kanssa tehtävän sopimuksen täytäntöön panemiseksi.

6. Rekisterin tietosisältö

Nimi, Sähköpostiosoite, Puhelinnumero

7. Tietojen säilytysaika

Henkilötiedot säilytetään niin kauan, kun niitä tarvitaan asiakkaan kanssa tehtävän sopimuksen täytäntöönpanemiseksi tai asiakaspalvelun kehittämiseksi.

8. Säännönmukaiset tietolähteet

Rekisteriin kerätään tietoja:

Henkilöltä itseltään. Viranomaisen pitämistä rekistereistä lain sallimissa rajoissa (esim. ytj.fi). Tietoja kerätään myös Google Analytics ja Jetpack –analytiikkatyökalun avulla.

9. Säännönmukaiset tietojen luovutukset ja tietojen siirto EU:n tai Euroopan talousalueen ulkopuolelle

Tietoja ei säännönmukaisesti luovuteta yrityksen ulkopuolelle. Osa yrityksen käyttämistä ulkopuolisista palvelun- tai ohjelmistontarjoajista saattavat säilyttää tietoja EU:n tai Euroopan talousalueen ulkopuolella.

10. Evästeiden (cookies) käyttö

Käytämme sivuillamme ns. cookie-toimintoa eli evästeitä. Eväste on pieni, käyttäjän tietokoneelle lähetettävä ja siellä säilytettävä tekstitiedosto, joka mahdollistaa internet-sivujen ylläpitäjän tunnistamaan usein sivuilla vierailevat kävijät, helpottamaan kävijöiden kirjautumista sivuille sekä mahdollistamaan yhdistelmätiedon laatimisen kävijöistä. Tämän palautteen avulla pystymme jatkuvasti parantamaan sivujemme sisältöä. Evästeet eivät vahingoita käyttäjien tietokoneita tai tiedostoja. Käytämme niitä siten, että voimme tarjota asiakkaillemme kunkin yksilöityjen tarpeiden mukaisia tietoja ja palveluita.

Mikäli sivuillamme vieraileva käyttäjä ei halua meidän saavan edellä mainittuja tietoja evästeiden avulla, useimmat selainohjelmat mahdollistavat eväste-toiminnon poiskytkemisen. Tämä tapahtuu yleensä selaimen asetuksien kautta.

On kuitenkin hyvä ottaa huomioon se, että evästeet voivat olla tarpeellisia joidenkin ylläpitämiemme sivujen ja tarjoamiemme palveluiden asianmukaiselle toimimiselle.

11. Rekisterin suojaus

Tiedot siirretään SSL-suojatun yhteyden ylitse.

Sähköiset tiedot on suojattu palomuurilla, käyttäjätunnuksin ja salasanoin.

Tietojen käyttöoikeus on vain niillä rekisterinpitäjän palveluksessa olevilla henkilöillä, jotka tarvitsevat tietoja tehtävissään.

12. Automaattinen päätöksenteko

Automatisoituja yksittäispäätöksiä (EU:n tietosuoja-asetuksen artikla 22) ei tehdä.

13. Rekisteröidyn oikeudet

Rekisteröidyllä on oikeus tarkastaa, mitä häntä koskevia tietoja henkilötietorekisteriin on talletettu. Kirjallinen tarkastuspyyntö tulee lähettää allekirjoitettuna rekisteriasioista vastaavalle henkilölle.

Tarkastusoikeus on maksuton enintään kerran vuodessa toteutettuna.

Rekisteröidyllä on oikeus vaatia virheellisten tai vanhentuneiden tietojen oikaisua tai poistamista tai tietojen siirtoa järjestelmästä toiseen. Hänellä on myös oikeus rajoittaa tai vastustaa tietojensa käsittelyä EU:n tietosuoja-asetuksen artiklojen 18 ja 21 mukaisesti.

Rekisteröidyllä on oikeus peruuttaa aiemmin antamansa suostumus tietojen käsittelylle tai tehdä henkilötietojensa käsittelyyn liittyvistä seikoista valitus valvontaviranomaiselle.

Rekisteröidyllä on myös oikeus kieltää tietojensa käyttö suoramarkkinointitarkoituksiin.

Käyttöehdot

Voimassa 1.10.2021 alkaen.

Yleistä julkaisupalvelusta

Verkkokaupan tuotteita myy Micael Music Oy (y-tunnus 3227944-8). Myymme palveluita yrityksille yksityishenkilöille Suomessa. Näytettävät palveluiden hinnat sisältävät suomen arvonlisäveron 24%. 

Tilaaminen

Palvelut tilataan internetin välityksellä osoitteessa micael.fi 

Tilauksen tekemisen jälkeen micael.fi jakelee julkaisun suoratoistopalveluille 5vrk  kuluessa tilauksen maksamisesta. Suoratoistopalveluiden käsittelyaika julkaisulle on n. 14vrk. Micael ei vastaa mahdollisista suoratoistopalveluiden viiveistä julkaisuissa.

Asiakas sitoutuu jokaisen tilauksen yhteydessä voimassa oleviin toimitusehtoihin.

Maksutavat

Micael käyttää maksupalveluissa Paytrail Oyj:n maksunvälityspalvelua. 

Maksupalveluehdot

Palvelu on Paytrail Oyj:n (y-tunnus 2122839-7) ylläpitämä, ja se on osa Nets-perhettä.

Paytrail-maksunvälityspalvelu välittää maksusi kauppiaalle. Jos tiliotteellasi tai luottokorttilaskullasi näkyy Paytrail Oyj, olemme välittäneet maksusi.

Micael Music Oy toimii tuotteiden ja palveluiden markkinoijana sekä tuotteiden toimittajana asiakkaalle. Verkkokauppa huolehtii kauppaan liittyvistä lakisääteisistä sekä itse määrittelemistään muista velvoitteista. Jos haluat reklamoida tai palauttaa tuotteen, ota yhteyttä info@micael.fi

Pankkimaksut

Käytössäsi on kaikkien suomalaisten pankkien maksupainikkeet. Voit maksaa Aktian, Danske Bankin, Handelsbankenin, Nordean, Oma Säästöpankin, Osuuspankin, POP-pankin, Säästöpankin, S-pankin ja Ålandsbankenin maksupainikkeilla. Tiliotteellasi maksunsaajana näkyy Paytrail Oyj, me välitämme maksusi verkkokauppiaalle. Verkkokaupasta sinut ohjataan suoraan omaan pankkiisi suorittamaan maksu turvallisesti.

Luottokorttimaksut

Voit maksaa verkkokaupassa Visa-, Visa Debit-, Visa Electron-, MasterCard-, Debit MasterCard – ja American Express -korteilla. Verkkokaupassa ovat käytössä kansainväliset Verified by Visa -, MasterCard SecureCode – ja American Express SafeKey -todentamispalvelut.

Paytrail Oyj näkyy maksun saajana korttilaskulla ja välittää asiakkaan maksaman maksukorttimaksun suoraan kauppiaalle. Korttimaksaminen tapahtuu turvallisesti suojatulla maksulomakkeella, eikä maksukortin tietoja tallenneta verkkokaupan järjestelmiin.

Mobiilimaksutavat

Mobiilimaksutavat Pivo, MobilePay ja Siirto ovat sovelluksessa toimivia palveluita, joilla voi maksaa verkko-ostoksia tilisiirtona tililtään tai korttimaksuna kortiltaan hyväksymällä maksun kyseisessä sovelluksessa.

Pivolla onnistuvat lisäksi Siirto-maksut, jolloin maksun voi hyväksyä missä tahansa Siirtoa tukevassa sovelluksessa. Apple Pay on Apple-laitteessa toimiva palvelu, jolla voi maksaa ostoksia laitteeseen liitetyltä maksukortilta.

Pivo
Käyttöehdot ovat tarjolla Pivon sivuilla.
Pivon käyttöehdot

MobilePay
Ehdot ovat tarjolla MobilePayn sivuilla.
MobilePayn ehdot

Apple Pay
Käyttöehdot ovat tarjolla Applen sivuilla.
Apple Payn käyttöehdot

Lasku- ja osamaksupalvelut

Lasku- ja osamaksupalveluita Paytrailin kautta tarjoavat OP, Walley, Jousto ja AfterPay. Walley tarjoaa lasku- ja osamaksuvaihtoehdon myös yritysasiakkaille.

Muuta

Pidätämme oikeuden muuttaa käyttöehtojamme. Asiakkaan on ennen tilaustaan tutustuttava kulloinkin voimassa oleviin käyttöehtoihin.

Jakelun tekninen toteutus

Our distribution function is operated in co-operation with third party solution.

Terms and conditions:

 Terms of Service

As of Oct 8th, 2020
DistroKid LLC, a Delaware limited liability company (“DistroKid”, “we” or “us”) provides access to the DistroKid website, currently located at distrokid.com and all associated websites and subpages, including, without limitation, slaps.com, distrokid.com/hyperfollow and distrokid.com/filekid (collectively, “Site ”), together with all enabled features, functionality and services including, without limitation, DistroKid’s music streaming platform currently called “Slaps ”, DistroKid’s artist social media service currently called “Hyperfollow ” and DistroKid’s file sharing service currently called “FileKid ” offered by us in connection with the Site (collectively, “Services ”). These terms and conditions ( “Terms ”) govern your access and use (as a registered user or otherwise) of the Site and Services.
By accessing or using the Site and/or Services in any way, you represent and warrant that you have read, understood, and accept and agree to be bound by these Terms. If you do not agree, you may not access or use the Site or Services. Your use of DistroKid’s distribution services, if applicable, is separately governed by the DistroKid Distribution Agreement, and any of its attachments or addendum, located here (https://www.distrokid.com/agreement).
Terms of Access and Use
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services. By accessing the Site and using the Services, you represent and warrant that you are over eighteen (18) years of age or the applicable age of majority in your jurisdiction, and that you are either an individual acting on your own behalf, or the authorized agent of another individual or business. Your use of the Site and the Services as an authorized agent shall not relieve you of personal responsibility for your use of the Site and the Services. The rights granted to you by these Terms may be revoked by DistroKid at any time, in its sole discretion.
Registration and Accounts
In order to use certain features of the Site or Services, you may be required to register for an account ( “Account ”) with us and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirements.
Privacy
For information regarding our collection and use of information you provide to us, please refer to the Site’s privacy policy ( “Privacy Policy ”), located here (https://distrokid.com/privacy) which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.
User Content and Activity
The features and functionality of the Site and/or Services may allow users to submit, upload, store and/or share reviews, comments, questions, messages, audio, images, artwork, photographs, text and other content, information or materials ( “User Content ”) directly through the Site and/or Services, and users shall be able to share such User Content using the features made available by the Site and/or Services from time to time. The functionality of the Site and/or Services may allow registered users to make certain User Content publicly available for other users (registered or unregistered) to view, listen to and share. Other features of the Site and/or Services may enable users to privately submit and share messages between users or to upload files to store and share for private use. The foregoing activities described in this paragraph are sometimes collectively referred to herein as “User Activity ”.
You are solely responsible for the User Content you submit through the Services as well as your User Activity generally. You agree that, through our Services and at your direction, we are only acting as a passive conduit for your online distribution, storage, publication and/or other exploitation of your User Content. Between you and DistroKid, DistroKid does not claim any ownership rights with respect to your User Content. By uploading, publishing, modifying, displaying or otherwise submitting User Content to any part of the Site and/or Services (excluding Direct Messages and/or content uploaded through FileKid), you automatically grant, and you represent and warrant that you have the right to grant, to us, as well as to other users of the Services, a non-exclusive, transferable, fully paid, worldwide license to use, copy, reproduce, publicly perform, publicly display, communicate to the public, stream, listen to, make available, reformat, translate, excerpt (in whole or in part), transmit, re-post and distribute such User Content for any purpose on or in connection with the Site and Services.
With respect to the use of Direct Messages and/or FileKid, for the sole purpose of operating and enabling these portions of the Services, you additionally grant to us a non-exclusive, transferable, fully paid, worldwide license to use, host, store, search, scan and to share at your direction such Direct Messages and/or User Content, until you delete same from the applicable Services or until the Direct Messages and/or User Content are otherwise permanently removed.
Accordingly you represent, warrant and agree that: (a) you have the right to agree to these Terms; (b) all of your User Content is original with you, in the public domain throughout the world or used by you with the express consents, permissions or licenses necessary from the original owner(s) of such materials for use by you and us pursuant to these Terms; (c) your User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity and privacy; (d) DistroKid shall not be responsible for payments or any other liability to any third party in connection with the use of your User Content on the Site, Services or otherwise in connection with these Terms; and (e) none of your User Content or Direct Messages contain material which is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech”.
DistroKid reserves the right to reject and/or remove any User Content, Direct Messages or other content that DistroKid believes, in its sole discretion, violates these provisions. DistroKid takes no responsibility and assumes no liability for any User Content and/or Direct Messages that you or any other users or third parties post, use, store or share through the Site and/or Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content or Direct Messages that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. DistroKid is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that DistroKid shall not be liable for any damages you allege to incur as a result of such User Content.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Restrictions
You agree not to submit User Content and/or Direct Messages, or otherwise take part in User Activity that:
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or other third party;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech”
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains any information or content that you know is not correct and current.
In addition to the restrictions listed above, you may not:
rent, transfer, assign, resell or sublicense access to the Site and/or Services to any third-party;
combine or integrate the Site and/or the Services with hardware, software or other technology or materials not provided by us;
modify or create any derivative product based on the Site and/or the Services;
decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and/or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code;
use the Site and/or the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Site, Services or servers or networks connected to the Site and/or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and/or Services;
use any high volume, automated, or electronic means to access the Site and/or Services (including, without limitation, robots, spiders or scripts); or
frame the Site and/or Services, place pop-up windows over its pages, or otherwise affect the display of its pages, without our prior written consent.
Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms.
Ownership
As between you and us, we retain all right, title and interest in and to the Site and the Services, and all related intellectual property rights. All rights in and to the Site and the Services not expressly granted herein are reserved. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. All trademarks, logos and service marks ( “Marks ”) displayed on the Site or Services are either our property, or the property of third parties. You are not permitted to use these Marks without our prior written consent, or the consent of such third party owner of the Mark(s) if not owned by DistroKid.
Using FileKid
FileKid allows you to share User Content with third parties by uploading your chosen User Content to the FileKid service which will then make a download link available to you to distribute your User Content ( “Download Link ”). Uploaded User Content will be stored on FileKid’s servers for a limited period of time after which the available download will expire, and the corresponding User Content will be permanently deleted from our servers. Currently, use of the FileKid services does not require Account registration or payment, however, we reserve the right to change such policies in our sole discretion. We do not control the use of Download Links and you are and shall remain solely responsible for the User Content that you upload and share. You are solely responsible for sharing your Download Links with your intended recipients, and you further acknowledge that the Download Links are not password protected or encrypted and may be forwarded to and accessed by any recipient (intended or otherwise), and DistroKid disclaims all liability in connection with same, and as otherwise provided in these Terms.
Copyright Claims
We respect the intellectual property rights of others. If you believe that any content on our Site and/or Services infringes upon your copyright or the copyright of someone you represent, please send an e-mail or other written notice to our Designated Copyright Agent using the contact information provided below (each, a “Notice ”). All Notices should meet the requirements of the Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 512(c)(3) and include the following information:
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed;
(c) a description of where the material that you claim is infringing is located on the Site and/or Services, and information reasonably sufficient to permit us to locate the material;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent for notice of claims of copyright infringement is:
Copyright Agent DistroKid LLC 34 Third Ave #183 New York, NY 10003 Email: legal@distrokid.com
In accordance with the DMCA and other applicable law, DistroKid has adopted a policy of terminating, in appropriate circumstances and in DistroKid’s sole discretion, users who are deemed to be repeat infringers. For the avoidance of doubt, the foregoing sentence in no way limits DistroKid’s right to limit access to the Site and Services and/or terminate the Accounts of any users for any reason, in DistroKid’s sole discretion, including, without limitation, in the case of users who infringe, or allegedly infringe, any Intellectual Property Rights of others, whether or not there is any repeat infringement.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notice. Thus, if you are not sure that material located on or linked to by the Site and/or Services infringes your copyright, you should consider first contacting an attorney.
Links to Third-Party Websites or Services
You may be able to access websites, content, products or services provided by third parties through links that are made available on the Site ( “Third Party Services ”). For example, we may include links to various digital music services. If you elect to use such Third Party Services, you understand that your use of them will be subject to any terms and conditions required by the applicable third parties. You understand that DistroKid is not the provider of, and (to the maximum extent legally permitted) is not responsible for, any such Third Party Services or any transactions or use thereof. Where the Site includes any links to Third Party Services, this does not imply any endorsement by us of the goods, services or materials available on such Third Party Services.
Hold Harmless and Limited Liability
You agree to use the Site and/or Services at your own sole risk, and agree to hold harmless DistroKid and its licensors and/or any of our or their respective successors and assigns from any and all liability, harm, damages, costs (including attorney’s fees and legal and court costs), expenses, allegations, claims and legal action of any kind at any time or of any sort that may arise from your use of the Site or Service, any violation of these Terms or of applicable law, or any third party claim of infringement of any Intellectual Property Rights, or any other right, arising from the hosting, making available or any other use of your User Content on the Site and/or Services. Your agreement to these Terms shall permanently and wholly bar you from any legal action of any sort towards DistroKid for the use of the Site and/or Services or any resultant effects of any sort, shape, kind or type, including any statutory and/or tort actions, specifically inclusive of any legal, action of any type, kind, or sort.
ALL INFORMATION, CONTENT AND MATERIALS PROVIDED VIA THE SITE AND/OR SERVICES ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SITE OR SERVICE. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW. NEITHER DISTROKID NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS, LICENSORS OR ASSIGNS SHALL BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE OR SERVICES OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SITE OR SERVICES, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. THE FOREGOING IS APPLICABLE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Modifications
We may change these Terms from time to time, and expect to do so as we evolve and expand the Services. Any such changes will become effective immediately upon your assent thereto. Continuing use of the Site and the Services after changes to the Terms have been posted shall be deemed assent to the changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
Miscellaneous
These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to your access to and use of the Site and Services. We reserve the right to terminate these Terms, your Account, and your access to the Site and the Services at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. If any provisions hereof are deemed invalid or unenforceable, they will be severed or construed to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. No waiver of any provision by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Site and Services are hosted and operated in the United States of America and we make no representation that any content is appropriate for access outside of the United States. Those who choose to access the Site and Service from outside the United States do so on their own initiative and are responsible for compliance with local laws. These Terms shall be construed and enforced in accordance with the laws of the United States and the State of New York, without regard to any conflict of law provisions, and any and all legal actions in connection with the Site, Service and/or these Terms of Service or our Privacy Policy shall be brought exclusively in the federal or state courts located in New York County, New York, U.S.A.

DistroKid Privacy Policy Last Updated October 8th, 2020
Welcome to DistroKid, a service provided by Kid Distro Holdings, LLC (dba DistroKid) (“DistroKid,” “we,” “us,” or “our”).
DistroKid provides a digital music distribution service which distributes music through online stores and streaming services on behalf of its customers and collects and distributes the related earnings.
This Privacy Policy explains how we collect, disclose and otherwise process Personal Data (defined below) when you use our website (the “Site”) and all related sites, widgets, tools, data, software, APIs and other services provided by DistroKid (together with the Site, “Service”), and your choices concerning our data practices.
You” or “your”, as used in this Privacy Policy, refers to the individual to whom Personal Data relates.
Please read this Privacy Policy before using our Service or submitting any Personal Data to DistroKid and contact usif you have any questions.
1. INFORMATION WE COLLECT
When you use our Service or otherwise interact with us, we collect information that alone or in combination with other information could be used to identify you (“Personal Data”) as follows:
Account Data: If you wish to register for the Service, you will need to provide us with certain Personal Data, such as your name, email address, password, postal address, phone number, as well as any biography/profile information (including profile photos) you would like associated with your music at online stores and streaming services.
Creator Data: We will collect information about how you categorize yourself with respect to your content (for example, whether you are a musician, a label or some other category of creator, the music you upload, and information relating to how often your music is played in online stores and streaming services).
Communication Data: If you contact customer service or otherwise communicate with us by email or otherwise, we may collect Personal Data related to those communications, including the contents of the communications and the data and time they occurred.
Payment Data: In order for us to pay your royalties to you, we will need to collect your PayPal ID and certain tax information. When you pay for our Service, we collect certain billing information through our payment processor Stripe, Inc. (“Stripe”), such as billing address, payment card details, and bank account information. Accordingly, in addition to this Privacy Policy and our Terms of Service, Personal Data related to the payments you make through the Service are also processed according to Stripe’s services agreement and privacy policy.
Fan Data: One aspect of the Service allows musicians and content creators registered to the Service to communicate with and better understand their fans. Accordingly, if you are a fan of one of our musician and content creator customers, we may collect your email address from online stores and streaming services if you follow or otherwise interact with our musician and content creator customers, so they can keep you posted on their news, events and other updates.
Social Media Data: We have pages on social media sites like Instagram, Facebook, Twitter, and YouTube (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us through your settings on the Social Media Site, such as your profile and contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
Online Activity Data: When you visit, use and interact with the Site, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit our Site, peak hours of visits, which page(s) are visited on our Site, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access and visit our Site (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and Site-navigation pattern. In particular, the following information is created and automatically logged in our systems:

  • Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol (“IP”) address (which we collect for security reasons), browser type and settings, the date and time of your request, and how you interacted with the Site.
  • Cookies: Please see the “Cookies” section below to learn more about how we use cookies.
  • Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
  • Usage Information: Information about how you use our Site, including statistical usage data derived from the operation of our Site, filtering choices and information regarding the performance results for the Site.

2. HOW WE USE PERSONAL DATA
We use Personal Data to provide the Service, including uploading your music to online stores and streaming services, sending accounting statements to you, and paying you the royalties you are owed. This processing is necessary to perform our contract with you.
We also use Personal Data as necessary for the following legitimate business interests:

  • To respond to your inquiries, comments, feedback or questions;
  • To manage our relationship with you as a customer or user of our Service, which includes sending administrative information to you relating to our Service and changes to our terms, conditions, and policies, and asking you to leave a review or take a survey;
  • To allow our musician and content creator customers to communicate with and better understand their fans, by permitting our customers to receive email addresses of their followers or fans, so they can keep fans updated with news, events and other updates;
  • To analyze how you interact with our Service and provide, maintain and improve the content and functionality of the Service and our customer relationships and experiences, develop our business and inform our marketing strategy (please see the “Cookies” section below to learn how we use cookies);
  • To administer and protect our business and the Site, prevent fraud, criminal activity, or misuses of our Site, and to ensure the security of our IT systems, architecture and networks (including troubleshooting, testing, system maintenance, support and hosting of data); and
  • To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties, and recover debts due to us.

For information about what we mean by legitimate interests and the rights of individuals in the European Union (“EU”), please see the “EU Users” section below.
Marketing. We may contact you to provide information we believe will be of interest to you. For instance, if you elect to provide your email address, we may use that information to send you promotional information about our products and services. If we do, where required by law, for example if you are in the EU, we will only send you such emails if you consent to us doing so at the time you provide us with your Personal Data. You may opt out of receiving emails by following the instructions contained in each promotional email we send you or by contacting us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Site and Services and to respond to your requests.
3. HOW WE SHARE AND DISCLOSE PERSONAL DATA
In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:

  • Vendors: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with service providers, including hosting, cloud or other information technology services; marketing service providers; payment processors; customer support providers; and web analytics services. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.
  • Online Stores and Streaming Services: we distribute the music and any related information like titles, descriptions, and album art that you upload to the Service to the online stores and streaming services of your choice.
  • Fans: if you follow one of our musician or content creator customers through an online store or streaming service, we may provide your email address to the musician or content creator that you follow.
  • Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
  • Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with legal or regulatory obligations, or other lawful requests by public authorities, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site, or the public, or (v) protect against legal liability.
  • With Your Consent: We may share your Personal Data where we obtain your consent to do so, such as to connect you with a record label.

4. DATA RETENTION
We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
5. UPDATE YOUR INFORMATION
If you need to change or correct your Personal Data, or wish to have it deleted from our systems, you may contact us at support@distrokid.com. We will address your request as required by applicable law.
6. NOTICE TO CALIFORNIA RESIDENTS
Online Tracking and Do Not Track Signals: We may, and we may allow third party service providers to, use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will describe how we do so in this Privacy Policy.
Personal Data Collection, Use, and Disclosure: The following disclosures are intended to provide additional information about (1) the categories of Personal Data we collect, (2) the sources of Personal Data we collect, (3) how we use each category of Personal Data, and (4) how we disclose Personal Data. Nothing in this Notice limits our ability to use or disclose Personal Data as described above.

DistroKid Distribution Agreement As of June 8, 2021
This Distribution Agreement and Terms of Service (this “Agreement ”) is a binding legal agreement between you and DistroKid LLC, a Delaware limited liability company (“DistroKid”, “our” or “us”) regarding your use of our DistroKid service to distribute your musical recordings to selected digital services and stores (our “Service”), DistroKid’s content blocking and acoustic fingerprint service currently known as DistroLock (defined further below), and any other uses of your musical recordings and musical compositions by DistroKid and its licensees as described herein. If you are entering into this Agreement on behalf of one or more other people, a group, or a company or other entity, then by accepting this Agreement you represent and warrant to us that you are duly authorized to do so on behalf of all such person(s)/entity(ies) and to bind them to this Agreement and that DistroKid is fully entitled to rely on that fact (in which case, the term “you ” includes all such people and entities) in our performance under this Agreement.
By clicking to agree to this Agreement, you are accepting the terms and conditions below, so please read and understand them completely before doing so. This Agreement will automatically become effective on the date you click to agree to this Agreement (the “Effective Date ”).
DISTROKID DOESN’T TAKE ANY COPYRIGHT OR OTHER INTEREST IN ANY OF YOUR MUSIC, ONLY A LIMITED LICENSE TO DISTRIBUTE.
PLEASE UNDERSTAND THAT YOU MUST OWN OR OTHERWISE HAVE THE LEGAL RIGHT TO REPRODUCE AND DISTRIBUTE 100% OF THE RECORDINGS, MUSICAL COMPOSITIONS, LITERARY WORKS, DRAMATIC WORKS, SPOKEN WORD CONTENT, ARTWORK AND ANY OTHER MATERIAL THAT YOU INTEND TO UPLOAD AND DISTRIBUTE VIA THE DISTROKID SERVICE, INCLUDING THE RIGHT TO MAKE AND DISTRIBUTE DIGITAL DOWNLOADS EMBODYING THE MUSICAL COMPOSITIONS THEREIN, AND ELECTRONIC TRANSMISSIONS OF SUCH MUSICAL COMPOSITIONS (INCLUDING, WITHOUT LIMITATION, VIA STREAMING SERVICES), AS NECESSARY.
FOR EXAMPLE, YOU CANNOT DELIVER TO US ANY REMIXES, OR RECORDINGS THAT INCLUDE SAMPLES UNLESS YOU HAVE ALL NECESSARY WRITTEN PERMISSION FROM THE SONGWRITERS AND FROM THE OWNERS OF THE APPLICABLE ORIGINAL RECORDINGS. WE OFFER A SERVICE TO HELP YOU OBTAIN LICENSES FOR RECORDINGS OF COVER VERSIONS OF MUSICAL COMPOSITIONS, BUT YOU MUST OPT-IN TO AND REGISTER FOR THAT SERVICE IF YOU UPLOAD ANY COVER VERSIONS TO US. YOUR RECORDINGS OF COVER VERSIONS WILL NOT BE AVAILABLE IN ANY DIGITAL STORE UNTIL DISTROKID RECEIVES NOTICE THAT THE APPROPRIATE LICENSES HAVE BEEN CLEARED.
Please note that if you are a user of the DistroLock service only, you agree to the applicable portions of this Agreement, as well as the “DistroLock Addendum” located at the end of this Agreement.
1. THE DISTROKID SERVICE AND YOUR RECORDINGS
a. The DistroKid Service enables you to upload to our servers digital files containing audio-only musical sound recordings or audio-visual works and the underlying musical compositions, literary works, dramatic works or spoken word content embodied therein (“collectively, “Recordings ”) for distribution to your choice of digital stores, streaming services, and other digital services within our distribution network ( “Digital Stores”; which shall include UGC Services [as defined below]), who may make your Recordings available to their customers and end users (“Customers”). Such musical compositions, literary works, dramatic works or spoken word content embodied in the Recordings are sometimes referred to herein collectively as “Compositions”).
b. Recordings must be musical sound recordings in single track, EP, or album configuration (however, please note that Digital Stores will make your Recordings available to Customers to purchase or stream as individual tracks ­ i.e., you cannot require that a Customer purchase or stream an entire album or EP as a single unit). We typically do not accept or distribute ringtones, audio books, spoken-word records, digital booklets, or other types of content; however, if we choose to do so, as determined by us on a case-by-case basis in our discretion, the terms of this Agreement shall apply to such formats.
c. We can currently accept Recordings in WAV, MP3, AIFF, CDDA, MP4 (m4a), Windows Media (WMA) and FLAC formats up to 250 MB in size (or up to 24-bit / 96kHz for WAV files). We and/or the Digital Stores may require different formats or file sizes from time to time during the Term, and DistroKid reserves the right to convert audio files of the Recordings as necessary.
d. When uploading each Recording, you must provide us with all accompanying data that we or a Digital Store may require (e.g., artist name, album title, each track title, genre), plus any available cover art (in JPG format with RGB color or any other format that we or a Digital Store may require). For purposes of this Agreement, all such data, metadata, information, image files, artwork and any other materials you provide to us are included in the definition of “Recordings.” We may also require that you indicate if the Recording contains explicit content, in which case a Digital Store may tag it accordingly.
e. We will automatically generate unique identifying codes for each Recording and provide them to your chosen Digital Stores. If you have a “Musician Plus” or “Label” account you can choose to specify your own ISRC codes, but not UPC codes.
f. Once you have uploaded a Recording to our Site (defined below) for distribution, you can delete it at any time during the Term. However, you can’t remove a single track that was included within an album ­ if you want to do that, you must delete the entire album and then re-upload the album with that song removed.
2. DIGITAL STORES
a. The rights granted by you to DistroKid are non-exclusive. Be advised, however, that if you send your Recording(s) to the same Digital Stores via DistroKid and a separate service, the double listing of your Recordings may cause complications and/or problems in those Digital Stores.
b. We undertake to provide your Recordings to Digital Stores as quickly as possible. However, it can take a few hours to a few days to several weeks for a Digital Store to integrate, process and make your Recordings available to Customers, depending on the particular Digital Store and the territory. Please be patient.
c. Each Digital Store will determine its pricing to its Customers, as well as format or media and other terms on which it offers recordings (including your Recordings) to its Customers, in its discretion and according to its business model. For example, in some cases your Recordings may be available for permanent digital download on a pay-per-unit basis, in others Customers may pay a monthly subscription fee to be able to stream or temporarily download your Recordings along with other recordings. By way of further example, Digital Stores may also offer your Recordings for free on a promotional basis, alone or together with other recordings, may include (or decline to include) your Recordings in marketing promotions, may create editorial content about your Recordings and the featured artists, may group Recordings by genre or other designation, may create and allow Customers and others to listen to free preview clips of your Recordings, all in their discretion. If you have a “Musician Plus” or “Label” account you can specify suggested retail pricing for certain stores. Note that these prices are just suggestions, and while stores usually adhere to custom pricing, ultimately stores can price however they like. We aren’t responsible for what Digital Stores do, and by opting into a particular Digital Store, you agree to accept and have your Recordings made available to its Customers in accordance with its pricing structure and other practices and policies from time to time, and in accordance with its agreement with DistroKid.
d. We will distribute your Recordings to your selected Digital Stores on a worldwide basis (you can’t specify only certain countries or territories for particular Recordings). The “Territory” of this Agreement is the universe, except where noted with respect to certain territories outside of the United States.
e. Digital Stores may choose not to carry one or more of your Recordings at all or in certain territories (or to remove Recordings at any time) per their policies and practices, so we can’t make any guarantees. We may also decline to distribute (or may remove from Digital Stores) one or more Recordings from any or all Digital Stores if we receive any legal claims regarding the particular Recording(s), if we reasonably believe that any legal claims or issues may arise, if a Recording may violate the terms and conditions of any Digital Store, or for any other reason in our business judgment. And if our agreement with any Digital Store expires or terminates, or if that Digital Store ceases to operate entirely or in a particular territory, then your Recordings will no longer be available through that Digital Store.
f. By opting into a Digital Store, you warrant to DistroKid that you have read, understand, and agree to be bound by all of the terms and conditions of that Digital Store, and that you and your Recordings and other content will comply fully with those terms and conditions.
3. YOUR ACCOUNT
a. When you register for our Service and/or DistroLock you will establish a username and password that will provide access to an online user dashboard for your account on our website, currently www.distrokid.com (our “Site”). Please keep your username and password safe and secure, as you will be solely responsible for any Recordings and other content uploaded and for all financial transactions and other activity conducted through your account. We will not be responsible for any activity transacted via or through your account.
b. At the time of registration, you choose which level of user account you would like, depending on your budget and the level of services you want.
c. The artist name(s) you choose will last for the duration of the term of your Agreement with us, and can’t be changed. If you’d like to upgrade the level of your account during the year to add artist names and/or services, please do so online. If you upgrade within your first 12 months as a paying DistroKid member, we will process your payment for the new account level and refund a prorated portion of your fee for the original account level (or refund the original fee in full if you upgrade within fourteen (14) days after signing up). Any other refunds are in DistroKid’s sole discretion.
d. Your annual registration fee must be paid with a valid credit card and, as described below under “Term,” will automatically recur annually until you terminate the Term of this Agreement. Therefore, you must maintain a valid credit card on account with us throughout the Term. We currently accept Visa, MasterCard and American Express, but reserve the right to add or change payment methods during the Term. You expressly authorize DistroKid to charge the applicable amount, plus any applicable taxes, to the credit card you provided or, in our sole discretion, to deduct that amount from monies payable by us to you. Any refunds are in DistroKid’s sole discretion. In addition, if you owe any fees or other amounts to DistroKid, we may deduct or set-off such amounts from any current or future payments to you, in addition to our other rights and remedies.
4. TERM
a. The term of this Agreement (the “Term”) will begin on the Effective Date and will continue for one (1) year, unless renewed or terminated earlier.
b. The Term will renew automatically at the end of each annual contract period (and your credit or debit card will be charged accordingly) unless you terminate your account prior the end of the then-current contract year via your account on the user dashboard on the Site.
c. DistroKid may terminate the Term for any reason, including but not limited to if we reasonably believe that you or any of your Recordings or other content have violated this Agreement or the terms and conditions of any Digital Store, that you or your Recordings infringe the intellectual property or other rights of any person or entity, if we are told by any Digital Store or reasonably believe that Digital Stores will not accept your Recordings or other content specifically or categorically, or that you are otherwise abusing our Service or any Digital Store or engaging in fraudulent or illegal activity. We may also terminate the Term if the credit or debit card that you provided to us expires, is cancelled, if our attempts to charge your Service fee are declined for any reason, or if we reasonably believe that charges were incurred fraudulently. So if the number, expiration date, billing address, or any other card or account information changes, please be sure to update your DistroKid account promptly via the Site user dashboard. At our sole option, we may nevertheless elect to renew the Term and to deduct the applicable renewal fee from any and all sums payable to you hereunder. We may also terminate the Term if our Service is discontinued for any reason.
d. After the end of the Term, we will notify all applicable Digital Stores to remove your Recordings and will have no further obligation to you other than to account and pay for monies earned during the Term. Customers who downloaded or otherwise accessed your Recordings may be able to retain and continue listening to your Recordings even after the Term of this Agreement is over.
5. GRANT OF RIGHTS
a. In order for us to provide the Service and to distribute your Recordings (which, solely for purposes of clarity, and as a reminder to you, includes the Compositions) and related content to your selected Digital Stores via our Service and/or on DistroKid’s sites/services or digital platforms, including, without limitation, HyperFollow (collectively, “DistroKid Sites”), our lawyers and the Digital Stores need us to confirm that you grant us the non-exclusive, sub-licensable right and license during the Term and throughout the Territory to:
i. reproduce and distribute your Recordings, to Digital Stores for them to sell or sublicense to their Customers by any and all applicable digital (non-physical) formats, configurations, technologies and methods (including, without limitation, permanent downloads, temporary or “tethered” download, interactive and non-interactive streaming, “scan and match” services, “cloud” services, digital jukeboxes, digital and online/wireless karaoke services, business establish background services, home exercise background and audiovisual services, and other audiovisual services) to any and all capable devices (including, without limitation, to personal and tablet computers and smartphones), in each case as now or hereafter known. Without limiting the foregoing, you acknowledge that the foregoing rights include the rights to allow Digital Stores and/or their users to synchronize your Recordings in timed relation with visual images, and any necessary rights of performance and reproduction required for the operation of such Digital Stores;
ii. create, reproduce, publicly perform and make available, and to authorize Digital Stores to reproduce, create and publicly perform and make available, free preview clips of your Recordings via streaming format either on DistroKid Sites or via the Digital Stores;
iii. authorize third-party partners and/or licensees of DistroKid, which offer services permitting the creation, use and exploitation of so-called “remixes” of your Recordings and so-called “user generated content” embodying your Recordings, including, without limitation, YouTube, Facebook and Instagram (collectively, the “UGC Services”). Without limiting the foregoing, you agree that DistroKid shall have the right to grant UGC Services the following related rights: (1) to synchronize and authorize others to synchronize your Recordings (which again, solely for clarification, includes the Compositions), with visual images and/or combine excerpts of your Recordings with any series of still or moving images, either pre-capture, post-capture or as a live stream; (2) to use and include your Recordings and/or remixes of your Recordings in “Mix Content” which shall mean the combination of two (2) or more whole or partial audio-only tracks which may be harmonically, rhythmically or otherwise mixed, remixed, edited or mashed up; (3) to store, host, reformat, make on-demand streams of, make conditional (“limited” or “tethered”) downloads of, and display your Recordings as have been embodied in user videos, “art tracks,” audio-only tracks (including remixes), label videos and Mix Content, and to make your Recordings available on and through the UGC Services, including without limitation, in embedded YouTube video players; (4) to reproduce, distribute, and prepare derivative works (including synchronization rights and remix rights) based upon your Recordings, to the extent necessary for the purpose of engaging in any of the foregoing activities, to collect all income from the foregoing activities, and to create reference files and fingerprints of the Recordings, and to store and use such files; (5) grant the UGC Services all necessary rights to (and to pass through such rights to users as applicable) include the Recordings, in Google’s so-called “AudioSwap Library” (or any successor product thereto which is owned or controlled by Google) and similar “libraries” of the UGC Services, which consist of master recordings any of which users may add to their user videos and/or Mix Content, as applicable; and (6) display album artwork in association with videos and audio-only tracks created in connection with the UGC Services. The UGC Services will also have the rights to (and to pass through such rights to labels and users as applicable): (AA) create so-called “art tracks” using your Recordings; (BB) create reference files and fingerprints of your Recordings; and (CC) use your Recordings in Facebook properties that include musical emojis/stickers, video re-mix, send-a-lyric, virtual reality experiences, singalong with lyrics. “UGC Services” shall include all mirror and derivative sites, including mobile, all replacements or successor versions thereof, and all international versions thereof, and any features thereof made available to paying or non-paying users through application programming interfaces (or “apps,” as such term is commonly understood in the technology industry), and any other product, device or service (including mobile devices), including embeds and playback pages, capable of accessing the videos and audio-only tracks made available on or through the UGC Services websites, even if accessed through a means other than such websites.
iv. display and otherwise use your artist(s) and/or label name and logo (if you have one) and all artwork, song and album titles, all trademarks, service marks, logos and trade names, and all artist, songwriter, producer and mixer names and approved likenesses, each as embodied in metadata within the Recordings or otherwise provided by you (“Materials”), on DistroKid Sites, on the Digital Stores’ sites and services, and in any marketing, advertising or promotional materials for our Service or for the Digital Stores. Without limiting the foregoing, the Digital Stores may (but shall have no obligation to) create editorial content regarding you and your Recordings and may classify or categorize the same for inclusion within one or more genres;
v. collect income from the Digital Stores from their exploitation of your Recordings (and to collect income after the Term from exploitation of your Recordings during the Term); and
vi. notify Digital Stores and other third parties of our rights and relationship per this Agreement, and to include your name and logo (if you have one) in any listing of DistroKid licensors.
b. You also grant to us and to your selected Digital Stores the right and license during the Term and throughout the Territory to take all steps desired or required to effect the foregoing rights and to distribute your Recordings and Materials as contemplated in this Agreement, including without limitation, to store, host, cache, reproduce, convert, edit, serve, transmit and publicly perform such Recordings, and as otherwise required pursuant to our agreements with those Digital Stores, as may be amended from time to time during the Term. You understand that Digital Stores may grant to Customers rights to use your Recordings beyond the Term of this Agreement, even perpetual rights. As noted above, Digital Stores and/or we may decline to distribute or otherwise exploit any Recordings or other Materials (or to remove any Recordings that have already been distributed or offered to Customers) in our reasonable business judgment. You will be deemed to have approved any artwork, photographs, biographical material or other information or materials that you provide to us.
c. Additionally, and in no way limiting any rights granted by you herein above, you hereby grant to DistroKid a direct license to publicly perform your Recordings (which, solely for purposes of clarity, include the Compositions) on the DistroKid Sites (including, without limitation, HyperFollow). In the event you are affiliated with a performing rights society, performing rights organization or other collection society (“PRO”) to which you have granted the non-exclusive right to administer the public performance rights in and to your Recordings and/or Compositions, you agree to notify each such PRO, in accordance with the requirements of your applicable PRO membership agreement(s), of your agreement to grant the direct public performance license pursuant to this paragraph and as otherwise provided in this Agreement.
6. YOUR RESPONSIBILITIES
a. You are solely responsible for and must have obtained all necessary rights, licenses, waivers, clearances and permissions, including without limitation all music publishing rights and licenses in order to distribute, reproduce, display, publicly perform, synchronize with audiovisual works or otherwise exploit the Compositions (including the lyrics of such Compositions), throughout the Territory for all Recordings and other Materials in order to enable DistroKid and your selected Digital Stores to fully exploit all their rights hereunder free of any claims, liens, encumbrances or other restrictions. Your uploading of Recordings and delivery of any other Materials shall be your unqualified warranty and representation to us that you have obtained any and all such rights required and necessary for DistroKid and your selected Digital Stores to sell, distribute, publicly perform, promote, and otherwise exploit such Recordings and Materials as contemplated under this Agreement, including the waiver of all so-called “moral rights”, under the laws of any jurisdiction, on your behalf as well as on behalf of any and all contributors involved in any manner with the creation and delivery of your Recordings.
b. Without limiting anything in this Agreement, you are solely responsible for and shall timely pay (i) any and all royalties, including without limitation all mechanical royalties and synchronization fees, and all other amounts due to artists, producers, mixers, engineers, licensors and any other royalty participants from the sales, license, performance and/or other exploitation of your Recordings and Materials, (ii) any and all royalties, including without limitation all mechanical royalties and synchronization fees, that may be payable by you to the owners or administrators of copyrighted recordings (e.g., samples) and/or musical compositions embodied in your Recordings, (iii) all payments that may be required under union, guild or other collective bargaining agreements applicable to you or third parties, and (iv) any other royalties (including without limitation mechanical royalties), fees and/or sums payable with respect to the Recordings or Materials, including, without limitation, any royalties that may be required to be paid, pursuant to the applicable laws of any jurisdiction, as a result of authorized exploitations by DistroKid or your selected Digital Stores of your Recordings (including, for purposes of clarity, the Compositions) for so-called performer’s rights, equitable remuneration rights or neighboring rights, however characterized under local law. If any portion of your Recordings are now or in the future administered in any territory(ies) by any PRO, you are obligated to notify such third party PRO(s) of this Agreement. You understand and acknowledge that DistroKid will not be making any such payments on your behalf or otherwise. If you want DistroKid to route a percentage of your earnings to another DistroKid member, you may specify member(s) and percentages using DistroKid’s “Teams” feature. WE DO NOT AND CANNOT PROVIDE YOU WITH LEGAL ADVICE REGARDING YOUR OBLIGATIONS TO THIRD PARTIES, SO PLEASE CONSULT A QUALIFIED LAWYER BEFORE ENTERING INTO THIS AGREEMENT AND UPLOADING ANY RECORDINGS TO OUR SERVICE.
7. PAYMENT & ACCOUNTING TERMS
a. In full consideration of the rights and licenses granted hereunder, we will post to your DistroKid account one hundred percent (100%) of any and all monies that we actually earn and receive in U.S. Dollars in the U.S.A. from your selected Digital Stores which are directly attributable to their exploitation of your Recordings, after deducting (i) any applicable PayPal fees or other payment processing fees and (ii) if you have opted-into and registered for our separate mechanical licensing service for cover songs, we will also deduct the fee for that service and all applicable royalties paid to songwriters and publishers and (iii) if you have opted-into and registered for our separate Content ID service, such as YouTube Money service, which uses YouTube’s ContentID service and other methods to detect videos that contain your Recordings, we will deduct 20% from monies paid to us attributable to videos that exploit your Recordings that were detected using these methods. If DistroKid receives a lump-sum payment from a digital store that is not attributable to any particular artist account(s) or specific Recordings from any particular artist account(s), DistroKid will, in its sole discretion, determine if, and to what extent, any portion of such monies shall be payable hereunder. Without limiting the immediately preceding sentence, DistroKid may determine to distribute such monies (i) on a pro-rata basis based on the number of artists with whom DistroKid has distribution agreements; (ii) in its discretion among artists based on an historical earnings and/or proxy formula determined solely by Distrokid; or (iii) based upon the amount the Digital Store actually credits DistroKid for your Recordings subsequent to the payment to DistroKid. Once payment has been credited to your account, you will be able to withdraw monies from your account at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals. Any sums that we receive in foreign currency will be converted to U.S. Dollars at either the same rate received by us, or current spot exchange rate at the time of transaction from store to DistroKid, or from DistroKid to you. For the avoidance of doubt, your payment is an “all-in” pay-through payment, from which you are solely responsible for paying and accounting to all applicable taxes, tariffs, licensors, songwriters, publishers, artists, producers, mixers and other third parties (unless you have opted into our optional mechanical licensing service or optional YouTube Money service, in which case mechanical royalty payments to songwriters and publishers, and YouTube Money fees, will be deducted prior to monies being credited to your account ). We cannot offer any legal, tax, accounting and other advice; please consult your own advisors regarding those matters.
b. You understand and acknowledge that Digital Stores may retain for themselves a portion of income that they receive from Customers and may deduct or withhold sums from the amount that they pay to DistroKid. Sums retained or withheld by Digital Stores may include, without limitation, taxes and tariffs, administration fees, royalties or fees paid to third parties, wire transfer fees, and credit card processing fees and chargebacks. DistroKid shall be entitled to rely on payments and accountings received from Digital Stores. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and/or lawsuit commenced) no later than one (1) year after the date the statement is rendered, and you waive any longer statute of limitation that may be permitted by law. You shall have no right to inspect or audit our books and records, or those of Digital Stores.
c. DistroKid makes payments via PayPal and various other methods and may deduct fees incurred by DistroKid in remitting payment. Unless you use PayPal, you MUST BE APPROVED BY DISTROKID FOR ALL OTHER PAYMENT METHODS BEFORE RECEIVING PAYMENT FROM DISTROKID. IT IS YOUR RESPONSIBILITY TO MAKE SURE YOUR PAYMENT METHOD IS FUNCTIONAL. During the Term, we may change or add additional payment methods. DistroKid also communicates with you via email so YOU ALSO MUST PROVIDE DISTROKID WITH AN ACTIVE EMAIL ACCOUNT TO RECEIVE IMPORTANT NOTICES FROM DISTROKID, and you are responsible for making sure the email account is active, able to receive emails from DistroKid, and that your email address on file with DistroKid is up-to-date.
d. After we receive a payment for you from a Digital Store, we will notify you via your DistroKid account dashboard. You must then affirmatively accept and withdraw the payment from your DistroKid account in order for us to transmit the royalties to you. We will also make available to you via your user dashboard a portion of accounting statements that we receive from your selected Digital Stores for the applicable period. We may redact those statements for any confidential information or information related to third parties. If your account is maintained on behalf of a group, company, partnership, or anything other than you alone, then you shall be responsible for paying anyone else. We will only make payments to the individual accountholder, or any paid accountholders you’ve specified in your Splits dashboard.
e. In DistroKid’s sole discretion, and subject to your Recording(s) meeting certain streaming and/or sales metric qualifications as determined by DistroKid, from time to time throughout the Term, DistroKid may notify you of the option to receive an advance payment of royalties less a processing fee which shall be a specified percentage of each such advance payment (each, an “Accelerated Payment”), the amount of which, including such processing fee, shall be determined by DistroKid in its sole discretion. In the event DistroKid notifies you during the Term of the opportunity to receive an Accelerated Payment, DistroKid will provide notice of the proposed Accelerated Payment amount (and the processing fee percentage), in each case. You shall have the option to accept or decline each such Accelerated Payment, and if accepted, DistroKid will make such Accelerated Payment in accordance with your approved payment method. Each Accelerated Payment (less the processing fee) will be fully recoupable against any monies otherwise payable to you hereunder. If this Agreement is terminated for any reason prior to DistroKid’s recoupment of any Accelerated Payment, DistroKid will be entitled to keep your account active and collect any resulting monies received by DistroKid until such Accelerated Payment is fully recouped by DistroKid.
f. If required by applicable law, we may withhold payments to you, in whole or in part, pending receipt of your correctly completed Form W-9 (if you are a US resident for tax purposes), Form W-8 (if you are a non-US resident for tax purposes), updated [annually / at our request], or any other applicable tax-related forms evidencing that no withholding is required. If any information provided on such tax forms is incomplete, incorrect or misrepresented, we reserve the right to withhold sums due to you until all appropriate and correct information is submitted to and received by us that relieve withholding. We also reserve the right to withhold sums due to you if, based on appropriate and correct information that is timely submitted to and received by us, withholding is required under applicable law. You agree to indemnify us and you will be responsible for any costs, expenses and liabilities we may pay or incur as a result of any incorrect, inaccurate or misrepresented tax or financial information provided by you.
g. If we receive a claim or notice or otherwise reasonably suspect that any of your Recordings or Materials or your use of our Site or Service breaches any agreement, infringes any third party rights, violates this Agreement or any law, rule or regulation, that there is a dispute regarding the Recordings or Materials (including without limitation as to ownership or payment of monies), or that your activities involve misrepresentation, misconduct, deception, fraud, or other inappropriate conduct, then in addition to any other available rights and remedies, we may suspend or terminate the distribution of your Recordings and/or the Term of this Agreement and/or withhold payment of monies to you in an amount reasonably attributable in our discretion to such Recording(s), Material and activity until and unless any and all claims or other conduct are favorably resolved to our reasonable satisfaction, and we may deduct from your payments our related attorneys’ fees and legal costs in connection. You will forfeit any monies that are attributable to your fraud, infringement or other illegal activity.
h. For the avoidance of doubt, this paragraph 7 shall not apply to you if you are only a client of DistroLock and not the Service generally.
8. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
a. You represent and warrant to DistroKid that: (i) you are at least 18 years of age and have the legal capacity, right and authority to enter into this Agreement; (ii) you own or are otherwise fully vested of the necessary copyrights and other rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by DistroKid, your selected Digital Stores, and our and their respective permitted successors and assigns shall not violate or infringe any applicable law, rule or regulation or the rights of any third party; (iii) you have secured all third-party grants of rights, consents, licenses and permissions necessary, including without limitation mechanical, synchronization and any other licenses from copyright owners or proprietors, to grant all rights and licenses and otherwise fully perform all obligations hereunder, and shall make all payments and otherwise comply with all of your obligations under this Agreement; (iv) your Recordings and Materials, including, without limitation, all visual content embodied in your audio-visual Recordings, do not and will not, and the authorized use thereof by DistroKid, Digital Stores and their Customers shall not, infringe any copyright, trademark or other intellectual property or other rights (including without limitation rights of publicity, privacy or moral rights), of any third party, or violate any applicable treaty, statute, law, order, rule or regulation; (v) the files containing the Recordings and Materials that you upload or otherwise provide to us do not and will not contain any bugs, viruses, trojan horses or other defects or harmful elements or digital rights management restrictions; (vi) there are no actual or threatened claims, litigation, administrative proceedings or other actions regarding any Recordings or Materials or otherwise adverse to full exploitation of all rights and licenses granted hereunder; (vii) all data, metadata, and information provided by you under or in connection with this Agreement is and will be true, accurate and complete, and you agree to update the same promptly as necessary during the Term; (viii) you will make, and DistroKid will not be responsible for, any payments other than those specified in paragraph 7.a above in connection with the Recordings and Materials; (ix) you will use the Site and Service only in accordance with this Agreement and not for any fraudulent, infringing or inappropriate purposes; (x) any sale, assignment, transfer, mortgage or other grant of rights in or to your interest in any of the Recordings or Materials shall be subject to our rights hereunder and the terms and conditions hereof; (xi) there is no existing agreement, and you will not enter into any agreement or perform any act, which materially interferes or is inconsistent with the rights granted to us hereunder; (xii) you covenant and agree not make any claim or bring any legal action related to this Agreement, against any Digital Store or UGC Service so long as such entities are not in violation of the rights you have granted to DistroKid hereunder; and (xiii) you have read and understand this Agreement and have had the opportunity to consult with independent legal counsel in connection with them.
b. You shall indemnify and hold harmless, and upon our request, defend, DistroKid and our affiliates, sublicensees (including your selected Digital Stores and their Customers), successors and assigns, and the respective directors, officers, shareholders, members, managers, employees, agents and representatives of the foregoing, from and against any and all claims, suits, proceedings, disputes, controversies, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and costs) resulting from: (i) a breach or alleged breach of any of your warranties, representations, covenants or obligations under this Agreement; (ii) any claim that the Recordings, Materials, data or information provided or authorized by you or on your behalf hereunder or the use thereof by DistroKid, a Digital Store, or an ID Service (if applicable) violates or infringes the rights of another party; or (iii) any other act or omission by you or any of your licensors, agents or representatives. You will promptly reimburse DistroKid and any other indemnified parties on demand for any amounts subject to indemnification. We shall notify you of any such claim and shall control the defense thereof, though you may participate in such defense at your own expense. You may not settle any claim for which we may be liable without our prior written consent, which we will not withhold unreasonably. If any facts, claims, proceedings or other circumstances arise that would be subject to indemnification, then DistroKid, in addition to any other right or remedy, shall have the right to withhold from any payments otherwise due to you an amount reasonably related thereto until the claim, proceeding or circumstance has been finally resolved, settled or fully adjudicated and the judgment satisfied, or that the statute of limitations on such claim has run, or when you have provided reasonable and adequate security for the claim. DistroKid reserves the right to charge you (or deduct from monies payable to you) for any legal fees incurred by DistroKid as a result of your violation of this Agreement.
9. NO WARRANTIES; LIMITATION OF LIABILITY
a. THE SITE AND SERVICE (INCLUDING DISTROLOCK) ARE OFFERED AND PROVIDED TO YOU AS-IS. DISTROKID MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION AS TO THE AMOUNT OF INCOME THAT MAY BE EARNED BY OR PAYABLE TO YOU HEREUNDER, OR AS TO THE CONDITION, QUALITY, CONTINUITY OF OPERATION, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF OUR SITE OR SERVICE. WE DO NOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED. ADDITIONALLY, IN CONNECTION WITH DISTROLOCK, DISTROKID MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THAT ALL MUSIC SERVICES AND STREAMING SERVICES WILL CROSS-REFERENCE THEIR MUSIC LIBRARIES AND UPLOADS WITH THE DISTROLOCK DATABASE OR THAT OF ANY ID SERVICE, OR THAT SO-CALLED “FINGERPRINT” TECHNOLOGY WILL IDENTIFY ALL UNAUTHORIZED UPLOADS OF CONTENT ON ANY SERVICE OR PLATFORM.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DISTROKID NOR ANY OF ITS AFFILIATES, EMPLOYEES, OWNERS, EMPLOYEES, REPRESENTATIVES OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOST SALES, LOSS OF DATA OR LOSS OF GOODWILL, FOR ANY ACTS OR OMISSIONS OF DIGITAL STORES OR THEIR CUSTOMERS, ID SERVICES, OR FOR YOUR USE OF OR ACCESS TO THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL DISTROKID’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE SUMS ACTUALLY DUE TO YOU IN ACCORDANCE WITH PARAGRAPH 7.a ABOVE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN DISTROKID AND YOU.
10. MISCELLANEOUS
a. This Agreement, together with the Privacy Policy applicable to our Site generally, contains the parties’ entire understanding and supersedes any prior or contemporaneous correspondence, agreements or understandings regarding the subject matter herein. We may amend the terms of this Agreement from time to time, in which case we will notify you by changing the date at the top of this Agreement (so please be sure to check back often) and/or via e-mail or by notice to your dashboard on the Site. You must terminate your account if you do not agree to the revised Agreement; your continued use of the Site or Service (including DistroLock) will be deemed your acceptance.
b. A party’s waiver of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement. If any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms, such determination shall not affect any other provision hereof, and the unenforceable provision shall be limited solely as necessary or replaced by an enforceable provision that most closely meets the commercial intent of the parties.
c. DistroKid will not be liable for a curable breach of this Agreement unless you provide us with written notice specifying the alleged breach that we confirm receipt of, and we fail to cure such breach within ninety (90) days thereafter.
d. We may direct all notices and communications to you via the email address or street address associated with your account and/or via your dashboard account on the Site. All notices to DistroKid shall be sent to us at legal@distrokid.com.
e. You may not assign, transfer or delegate any of your rights or obligations hereunder without our prior written consent, and any purported attempt otherwise will be null and void ab initio. We may assign, delegate, pledge, encumber, sublicense and otherwise transfer, this Agreement and/or any or all of our rights and obligations in order to operate the Service and Site. This Agreement will be binding on and inure to the benefit of the parties and their respective assigns and successors in interest.
f. We reserve the right to modify, discontinue or terminate the Service (including DistroLock) at any time and without prior notice. We are under no obligation to provide the Service (including DistroLock) continuously, or at all.
g. The relationship between the parties is that of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other’s agent, partner, employee, or representative.
h. This Agreement shall be construed and enforced exclusively in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any action or proceeding brought by either party against the other arising out of or related to this Agreement shall be brought only in a state or federal court of competent jurisdiction located in New York County, New York, and the parties irrevocably consent to the in personam jurisdiction and venue of said courts. You agree that service of process by us to you by one of the methods designated above for the giving of notices will be deemed effective as personal service within New York County, and hereby consent to service of process by such methods.
DistroLock Addendum
By signing up for DistroLock, in addition to your agreement to the applicable portions of the above Agreement, you further agree as follows:
1. Using DistroLock
The DistroLock service (“DistroLock”) enables you to upload Recordings to our servers in order for us (through our proprietary technology or via our third party service provider Chromaprint (https://acoustid.org/chromaprint)) to generate acoustic fingerprints of your Recordings (“Fingerprints”) and submit same to our partnered third party audio identification services (“ID Services”) with a request to block unauthorized uploads of such Recordings. Please note that by uploading Recordings to DistroLock, you authorize us to request that such ID Services block any third party uploads of Recordings. We may also make the Fingerprints (but not the audio versions of Recordings) available to third party music services so that they can use Fingerprints to detect, and block, potential unauthorized uploads and releases of your Recordings on such services.
In order for us to provide DistroLock, you agree that DistroKid may transmit, upload, register and maintain Recordings and Fingerprints provided by you or created by us through the DistroLock.
We currently accept Recordings in WAV and MP3 formats in connection with DistroLock. When you upload Recordings to DistroLock, you may have the option to provide us with additional information, such as artist name and song title. This information is not necessary for us to provide DistroLock, but if you provide this information, it may be sent to ID services and this information may become public.By using DistroLock, you agree that your Recordings and the associated Fingerprints may be registered with ID Services, which may include, without limitation, Audible Magic (https://www.audiblemagic.com/), AcoustID (https://acoustid.biz/), and YouTube ContentID (https://en.wikipedia.org/wiki/Content_ID_(algorithm)), in order to include such Fingerprints as part of ID Services’ databases. As these ID Services are governed by their own terms conditions, you warrant that you have read, understand, and agree to be bound by all of the terms and conditions of such ID Services. You acknowledge and agree that because we may have no control over such third party ID Services, we are not responsible for the availability of the ID Services, and do not endorse or warrant the accuracy of any ID Services, and shall in no way be liable or responsible for any content, advertising, products, or materials on or available from such ID Services. You further acknowledge and agree that we shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such ID Services.
DistroKid reserves the right to accept or reject any Recordings uploaded to DistroLock in DistroKid’s sole discretion, and DistroKid shall not be required to create a Fingerprint of any Recording or register any Recording with ID Services by reason of such Recording being uploaded to the DistroLock.
2. Rights
In connection with DistroLock, DistroKid, or DistroKid’s authorized designee, shall use Recordings solely for the purpose of generating Fingerprints. DistroKid shall be responsible for ensuring that its authorized designees comply with the applicable portions of these Terms when using the Recordings. As between you and DistroKid, you retain all right, title and interest in and to the Recordings. Except as may be expressly set forth herein, or if you are also a user of the DistroKid Service, no rights therein are licensed, transferred or assigned to DistroKid. For the avoidance of doubt, this paragraph shall in no way limit DistroKid’s rights under the Agreement as same applies to your registration and use of the DistroKid Service. As between you and DistroKid, DistroKid retains all right, title and interest in and to the Fingerprints as well as DistroLock, and any related software and technology, including all intellectual property rights that exist therein that may exist. Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, nontransferable, and non-assignable license to use DistroLock.
3. Term and Termination
Your agreement to this Agreement commences on the Effective Date and will continue unless and until terminated by either party in accordance with the Agreement. Upon the termination of the Agreement, DistroKid will no longer use Recordings provided by you pursuant to this Agreement to generate Fingerprints for DistroLock, however, any Fingerprints created and registered prior to termination will remain registered with DistroLock and the ID Services.