Terms of Service

Please read these terms carefully before using our music platform. By using our services, you agree to these terms.

Last updated: December 2024

1. Acceptance of Terms

By accessing and using the Music Platform ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your use of our website and services operated by Music Platform ("Company," "we," "us," or "our").

You must be at least 13 years old to use this Service. If you are under 18, you must have your parent or guardian's permission to use the Service.

2. Description of Service

The Music Platform is a digital marketplace that connects independent artists with content creators. Our services include:

  • Music upload and distribution for artists
  • Music discovery and licensing for content creators
  • Payment processing and revenue sharing
  • Community features and communication tools
  • Analytics and performance tracking

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. User Accounts

Account Creation

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. User Content

Content Ownership

You retain ownership of any content you upload to the Service. By uploading content, you grant us a license to:

  • Host and display your content on our platform
  • Distribute your content to other users according to your licensing terms
  • Use your content for promotional purposes (with your permission)
  • Process payments and manage licensing agreements

Content Standards

You agree not to upload content that:

  • Infringes on intellectual property rights
  • Contains illegal, harmful, or offensive material
  • Violates any applicable laws or regulations
  • Contains malware, viruses, or other harmful code
  • Is spam, misleading, or fraudulent

Content Moderation

We reserve the right to review, modify, or remove any content that violates these terms or is otherwise objectionable. We may also suspend or terminate accounts that repeatedly violate our content policies.

5. Licensing and Rights

License Types

Our platform offers various licensing options:

  • Royalty-Free: One-time payment for unlimited use
  • Commercial: Extended rights for commercial projects
  • Exclusive: Sole rights to use the music
  • Custom: Negotiated terms for specific projects

License Terms

When you purchase a license:

  • You receive the rights specified in the license agreement
  • The artist receives compensation for their work
  • You must comply with the license terms and restrictions
  • Licenses are non-transferable unless specified

Copyright Protection

We respect intellectual property rights and expect our users to do the same. If you believe your copyright has been infringed, please contact us with detailed information about the alleged infringement.

6. Payments and Billing

Payment Terms

All payments are processed through secure third-party payment processors. By making a purchase, you agree to:

  • Provide accurate payment information
  • Pay all applicable fees and taxes
  • Authorize us to charge your payment method
  • Accept that all sales are final unless otherwise specified

Artist Revenue

For artists, we handle revenue distribution as follows:

  • 70% of net revenue goes to the artist
  • 30% covers platform fees and operational costs
  • Payments are processed monthly
  • Minimum payout threshold applies

Refunds

Refunds are provided only in cases of technical issues or if the content does not match the description. Refund requests must be submitted within 30 days of purchase.

7. Prohibited Uses

Prohibited Activities

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Upload malicious software or harmful content
  • Attempt to gain unauthorized access to our systems
  • Interfere with the Service or other users' experience
  • Use automated tools to scrape or collect data
  • Impersonate others or provide false information
  • Engage in spam, harassment, or abusive behavior

Consequences

Violation of these terms may result in account suspension, termination, or legal action. We reserve the right to take appropriate action against any user who violates these terms.

8. Intellectual Property

Platform Rights

The Service and its original content, features, and functionality are owned by Music Platform and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

User Content Rights

Users retain ownership of their uploaded content. However, by uploading content, you grant us a limited license to use, display, and distribute your content according to the terms specified in your licensing agreement.

Trademarks

The Music Platform name, logo, and related marks are trademarks of our company. You may not use these marks without our prior written consent.

9. Termination

Account Termination

You may terminate your account at any time by contacting us. We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or the Service.

Effect of Termination

Upon termination:

  • Your access to the Service will cease immediately
  • Your account and profile information will be deleted
  • Active licenses will remain valid according to their terms
  • Outstanding payments will be processed according to our policies

Survival

Certain provisions of these Terms will survive termination, including those relating to intellectual property, disclaimers, and limitation of liability.

10. Disclaimers

Service Availability

The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

Content Disclaimer

We do not endorse, verify, or guarantee the accuracy, completeness, or usefulness of any content on our platform. Users are responsible for verifying the rights and permissions for any content they use.

Third-Party Services

Our Service may integrate with third-party services. We are not responsible for the content, privacy policies, or practices of any third-party services.

11. Limitation of Liability

Liability Limits

To the maximum extent permitted by law, Music Platform shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, data, or business opportunities
  • Damages resulting from use of the Service
  • Damages resulting from third-party content
  • Damages resulting from service interruptions

Maximum Liability

Our total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

Essential Purpose

The limitations in this section are fundamental to the agreement between you and Music Platform and would be agreed to even if the exclusive remedy failed of its essential purpose.

12. Governing Law

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Changes to Terms

Modifications

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our platform and updating the "Last updated" date.

Continued Use

Your continued use of the Service after any changes to these Terms constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue use of the Service.

Notification

For significant changes, we may also notify you via email or through other communication channels. It is your responsibility to keep your contact information updated.

14. Contact Information

Questions About Terms

If you have any questions about these Terms of Service, please contact us:

Email: legal@musicplatform.com

Address: 123 Music Street, San Francisco, CA 94102

Phone: +1 (555) 123-4567

Legal Notices

For legal notices or service of process, please send correspondence to our registered agent at the address listed above.