Terms of Service

Scope of the App

The App allows Users to create and distribute music, sounds, digital assets, art, and digital music (collectively "Works") through the Company's distribution network.

Rights

By uploading Works to the App, User grants the Company the non-exclusive right to reproduce, distribute, create derivative works, and display the Works worldwide.

All Works and rights relating to them, including copyright and ownership rights in the media in which the Works are stored, will become the sole and exclusive property of the Company.

Works may contain copyright management information (CMI) at the discretion of the Company in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA).

License for use of Name and Image

User grants to the Company the non-exclusive license to use the User's name, logo, and photographic image in the promotion and distribution of the Works.

Exclusivity

The App does not create an exclusive relationship between the parties.

Company is free to engage others to perform services of the same or similar nature to those provided by User, and User shall be entitled to offer and provide services to others, solicit other companies and otherwise advertise the services offered by User.

User may not release Works delivered to the Company through another network, company, business, or method, unless granted by the Company.

No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement.

User and the Works or any other deliverables prepared by User shall not be deemed a work for hire as defined under Copyright Law.

All rights granted to Company are contractual in nature and are expressly defined by this Agreement.

Creation

The manner and method of creating any Works is solely at the discretion of User, and the Company has no right to control User's manner and method of performance under this Agreement.

This does not guarantee that the Works will be released.

User will use their best efforts to ensure that the Works conform to Company's specifications and submit all Works to the Company in publishable quality, on or before the applicable deadlines.

Delivery

User will deliver Works in .wav format for audio files and PSD for art files. It is the Company's responsibility to verify that the Works are suitable for reproduction and that if the Works are not deemed suitable, to notify the User. User's sole obligation will be to replace the Works at a suitable format.

Mastering

Works must be mastered. If they are not, they will be rejected.

Royalty Breakdown

The royalty breakdown for sales made through the web app will be as follows:

• Company - 15%
• User - 85%

Payment

Payments will be made on a monthly basis. The Company will provide a detailed report of all sales made through the web app and the corresponding royalties owed to the User.

Intellectual Property

The Artist retains all ownership and intellectual property rights in the Works. The Company is granted a exclusive, worldwide, license to use, display, and distribute the Works solely for the purpose of promoting and selling the Works through the web app.

Termination

Either party may terminate this agreement upon thirty (30) days written notice to the other party. In the event of termination, the Company will cease all use of the Artwork and remove it from the web app within thirty (30) days of the termination date.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Alabama without regard to its conflict of laws principles.

Entire Agreement

These Terms of Use constitute the entire agreement between the User and Company and supersede all prior agreements or understandings, whether written or oral. We reserve the right to update or modify these terms at any time without prior notice. By continuing to use the web app, you agree to be bound by any future updates or modifications to these terms. It is your responsibility to review these terms regularly to ensure that you are aware of any changes.

License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our web app for your personal and commercial use.

Content

All content provided on our web app, including but not limited to text, graphics, logos, images, and software, is owned by us or our licensors and is protected by copyright, trademark, and other applicable laws.

Prohibited Activities

You agree not to engage in any of the following activities:

• Copying, distributing, or disclosing any part of our web app in any medium;
• Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access our web app in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time;
• Transmitting spam, chain letters, or other unsolicited email; Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running our web app;
• Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• Uploading invalid data, viruses, worms, or other software agents through our web app;
• Collecting or harvesting any personally identifiable information, including account names, from our web app;
• Using our web app for any commercial solicitation purposes; or
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity.

Termination

We may terminate or suspend your access to our web app at any time, without notice, for any reason, including without limitation breach of these Terms of Use. Upon such termination or suspension, your right to use our web app will immediately cease, and we may immediately deactivate or delete your user account and all related information and files.

Disclaimer of Warranties

Our web app is provided "as is" and "as available" without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with our web app, including without limitation the software licensed to you and the results obtained through the web app. Specifically, we disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy, usefulness, or content of information, products, or services; and 2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose.

Limitation of Liability

In no event shall we be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of our web app, whether or not the damages were foreseeable and whether or not we were advised of the possibility of such damages. In any case, our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) shall not exceed the amount paid by you, if any, for accessing our web app.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, consultants, and agents from any and all third-party claims,