Disctopia, Inc. ("Disctopia") knows that your personal information in today's world that is used and shared in any manner is essential, and we take your privacy seriously.

By visiting the Disctopia website, applications, and platform, and domain name, including any other linked pages, features, content, or application services offered from time to time by Disctopia in connection in addition to that (collectively, the "Disctopia website, applications, and platform"), or using any of our services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

1. What does this Policy cover?

This Privacy Policy covers Disctopia's treatment of personally identifiable information ("Personal Information") that Disctopia gathers when accessing Disctopia's Disctopia website, applications, and platform and when you use Disctopia services. This policy does not apply to the practices of companies that Disctopia does not own or control or to individuals that Disctopia does not employ or manage.

2. What personal information does Disctopia collect?

The information we gather from customers enables us to personalize and improve our services and allows our users to set up a user account and profile to interact with other users through the Disctopia website, applications, and platform. In connection with the Disctopia website, applications, and platform, we request and display some personal information to other users and visitors of the Disctopia website, applications, and platform, allowing users to identify each other. We collect the following types of information from our customers.

3. Personal information you provide to us

We receive and store any information you enter on our Disctopia website, applications, and platform or provide to us in any other way. The types of Personal Information collected may include your name, user name, email address, IP address, and browser information. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide is used for such purposes as allowing you to interact with other users, improving the Disctopia website, applications, and platform, customizing the advertising and content you see and communicating with you about specials and new features.

4. Personal information collected automatically

We receive and store certain types of information whenever you interact with our Disctopia website, applications, and platform or services. Disctopia automatically receives and records information on our server logs from your browser, including your IP address, cookie information, and the page you requested.

Generally, our Service automatically collects usage information, such as the numbers and frequency of visitors to our Site and its components, similar to any TV ratings that indicate how many people watched a particular show. Disctopia only uses this data in aggregate form, that is, as a statistical measure, not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Disctopia website, applications, and platform or services to make the Disctopia website, applications, and platform appealing to as many customers as possible and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Site. We share this type of statistical data so that our partners also understand how often people use their services and our Disctopia website, applications, and platform, so that they, too, may provide you with an optimal online experience. Again, Disctopia never discloses aggregate information to a partner in a manner that would identify you personally.

5. Children & Privacy

We do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use Disctopia or the associated Disctopia website, applications, platforms, mobile applications, and applications without the consent of a parent. If you are 13 – 17 years of age, you may visit, browse, and use the information on the Disctopia website, applications, and platforms, but you may not register an account or submit any personal information. If you are 13 – 17 years old, by browsing the Disctopia website, applications, and platform, using or accessing the Service, you confirm that you have the permission of a parent or guardian to do so. If you are a parent or guardian and believe that we may have inadvertently collected Personal Information from your child, please notify us immediately by sending an email to support@disctopia.com.

6. Email communications

We may receive a confirmation when you open an email from Disctopia if your computer supports this type of program. Disctopia uses this confirmation to help us make emails more interesting and helpful and improve our Service. If you do not want to receive email or other mail from us, please send your request to support@Disctopia.com.

7. What about cookies?

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our Site are visited and by how many people. Disctopia cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are or what your screen name or email address is.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. However, we strongly recommend that you leave the cookies activated because cookies enable you to take advantage of some of our Disctopia websites, applications, and platform's most attractive features.

8. Microsoft Clarity

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

9. Will Disctopia Share Any of the Personal Information it receives?

Personal information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described below.

10. Affiliated businesses we do not control

We are affiliated with various businesses and work closely with them. In certain situations, these businesses sell items to you through Disctopia's Disctopia website, applications, and platform. In other cases, Disctopia provides services or sells products jointly with affiliated companies. You can easily recognize when a related business is associated with your transaction. We will share your personal information about such transactions with that affiliated business if you have agreed to be solicited by marketing partners during the registration process.

11. Agents

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Disctopia's agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

12. User profiles

User profile information, including users' names, email addresses, and other information you enter ("User Submissions"), may be displayed to other users to facilitate user interaction within the Disctopia website, applications, and platform. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Users' email addresses will not be directly revealed to other users by Disctopia, except when the user is "connected" to another user via shared group membership or an invitation, or if the user has chosen to include their email address in their User Profile.

13. Communication in response to user submissions

As part of the Disctopia website, applications, and platform, and Services, you will receive from a Disctopia email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, Disctopia may send you email and other communication that it determines in its sole discretion relate to your User Submissions.

14. Business transfers

In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Disctopia or substantially all of its assets were acquired, or in the unlikely event that Disctopia goes out of business or enters bankruptcy, customer information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of Disctopia may continue to use your Personal Information as outlined in this policy.

15. Protection of Disctopia and others

We may release Personal Information when we believe in good faith that release is necessary to comply with that law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Disctopia, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

16. With your consent

Except as set forth above, you will be notified when your Personal Information may be shared with third parties and will be able to prevent the sharing of this information.

17. Advertisements

Our website and/or mobile experience may feature advertisements that are displayed or played for users. By using our services, you acknowledge and agree that you may see or hear advertisements while interacting with our content.

Third-Party Advertisements:

• We may display advertisements from third-party advertising networks or partners on our website and/or mobile experience.
• These third-party advertisers may collect certain information about your browsing behavior or preferences to deliver relevant ads.
• Please note that we do not have control over the content of these advertisements or the websites they may link to.

Disclaimer of Responsibility:

• We do not endorse or take responsibility for the accuracy, reliability, or legality of any advertisements displayed on our website and/or mobile experience.
• Any interaction, engagement, or transaction you have with advertisers or their products/services is solely between you and the advertiser. We are not liable for any damages or losses incurred as a result.

Advertising Permissions and Royalties:

• In certain cases, we may directly advertise on content owned by others without their explicit permission.
• However, we ensure that content owners are compensated with a percentage of royalties or other agreed-upon compensation for featuring advertisements on their content.

Third-Party Ecommerce Store Advertisements:

• Our website and/or mobile experience may display advertisements for products or services offered by third-party ecommerce stores.
• These advertisements may include images, descriptions, prices, and links to the respective third-party ecommerce store where the products or services can be purchased.
• Please note that we do not have control over the availability, quality, pricing, or any other aspects of the products or services offered by third-party ecommerce stores.
• Any interaction, purchase, or use of products or services from third-party ecommerce stores is solely between you and the respective store. We are not responsible for any issues, disputes, or losses arising from such interactions or transactions.
• We recommend reviewing the terms and conditions, privacy policies, and any other relevant information provided by the third-party ecommerce store before making any purchases.

18. Personal information collected by creatives

As a condition to using certain features of our Disctopia website, applications, and platform and services (including, without limitation, the free download feature), you may be required to provide certain Personal Information to relevant Creatives, such as your email address, country of residence and zip/postal code ("Fan Information") to join the appropriate mailing list. As a condition to each such band's right to receive such Fan Information, Disctopia requires each band to agree that it 1) will not disclose, rent, or sell any Fan Information to any third party, 2) will use the Fan Information only in connection with the mailing list, to provide fans with general information and news about the band, and 3) will ensure that any email sent to its mailing list will include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e., a functioning "opt-out" mechanism). However, Disctopia has no control over and no liability for using the Fan Information by the Creatives. You can choose not to provide such Fan Information, but you may not take advantage of the associated features. Please see the "Fan Personal Information – Fans" and "Fan Personal Information – Creatives" sections in the Disctopia Terms of Use for further information.

19. Is personal information about me secure?

A password protects your Disctopia account's Personal Information for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

Disctopia endeavors to protect user information to ensure that user account information is kept private; however, Disctopia cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the protection of user information at any time. The Website and Disctopia Platform and Disctopia applications may contain links to other sites. Disctopia is not responsible for the privacy policies or practices on other sites. When linking to another site, you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Disctopia website, applications, and platform.

20. What personal information can I access?

Disctopia allows you to access the following information about viewing and updating that information in certain situations.

This list will change as our Disctopia website, applications, and platform changes.

• Username and password
• Email address
• User profile information
• Account Information
• Credit Card Information

21. What choices do I have?

As stated previously, you can always opt not to disclose information to use, even though it may be needed to take advantage of certain Disctopia features.

You can add or update certain information on pages, such as those listed in the "What Personal Information Can I Access" section above. However, when you update information, we often maintain a copy of the unrevised information in our records.

You may request the deletion of your Disctopia account by sending an email to support@Disctopia.com. Please note that some information may remain in our records after the deletion of your account. If you do not wish to receive email or other mail from us, please send your request to support@Disctopia.com.

Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Disctopia website, applications, and platform. You are responsible for reviewing such legal notices for changes.

22. Changes to this Privacy Policy

Disctopia may amend this Privacy Policy from time to time. Use of Information we collect now is subject to the Privacy Policy in effect when such information is used. If we change the way we use Personal Information, we notify you by posting an announcement on our Disctopia website, applications, and platform or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Disctopia website, applications, and platform after such changes have been first posted.

23. Questions or concerns

If you have any questions or concerns regarding privacy at the Disctopia site, please send us a detailed message to support@Disctopia.com. We will make every effort to resolve your problems.

24. Copyright Policy

Disctopia ("Company") has adopted and will maintain the following general copyright policy toward claims of infringement concerning intellectual property owned or controlled by third parties following the Digital Millennium Copyright Act.

The address of Disctopia's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. It is Disctopia's policy to

(1) block access to or remove material that it believes in good faith to be the intellectual property of a third party (e.g., copyrights, trademarks, trade secrets, etc.) that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and

(2) remove and discontinue Service to repeat offenders. A repeat infringer is a user for whom Disctopia has received more than two notices of claimed infringement or for which Disctopia has had to remove content more than twice. Notwithstanding the preceding sentence, Disctopia reserves the right to immediately terminate the account of any user for egregious infringing activities in Disctopia's sole determination and discretion.

Procedure for Reporting Claimed Infringement:

If you believe that material or content residing on or accessible through the Disctopia Web site or Service infringes an intellectual property right that you own or control, please send a notice of claimed infringement containing the following information and only the following information to the Designated Agent listed below. Please note that you will be liable for damages, including costs and attorneys' fees, if you materially misrepresent that content or an activity is infringing your copyrights. Your communication must include all of the following items:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the Work that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the intellectual property owner seeks to have removed, with sufficient detail so that Disctopia is capable of finding and verifying its existence; Providing URLs in the body of an email is the best way to help us locate content quickly.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• The statement "I swear under penalty of perjury that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed and that the information in this notification is accurate. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." Note that a copy of your legal notice will be forwarded to the party responsible for providing the alleged infringing content. Please do not include any information in your report other than the above items. The wonderful thing about the DMCA is that it makes the sordid details of your bass player's departure completely irrelevant. Simply include the information above, and we'll have all the information we need.

Once the Designated Agent receives proper Bona Fide Infringement Notification:

It is Disctopia's policy:

• to remove or disable access to the infringing material;
• to notify the content provider, member or user, that it has removed or disabled access to the material; and
• that repeat offenders will have the infringing material removed from the system, and that Disctopia will terminate such content providers, member's or user's access to the Service.

Procedure to Supply a Counter-Notice to the Designated Agent:

Suppose the content provider, member, or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member, or user acknowledges that it has the right to post and use such material from the owner of the intellectual property, the owner's agent or under the law, the content provider. In that case, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

• A physical or electronic signature of the content provider, member, or user;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider, member, or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Disctopia is located, and that such person or entity will accept Service of process from the person who provided notification of the alleged infringement. If the Designated Agent receives a counter-notice, Disctopia may send a copy of the counter-notice to the original complaining party informing that the Disctopia may replace the removed material or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice at Disctopia's discretion.

Please contact Disctopia's Designated Agent to Receive Notification of Claimed Infringement at the following address: social@Disctopia.com.

25. Personal data deletion

Even though your account may be deleted, if a user or creative returns to the platform, some soft data or personal information may be retained only for account reactivation purposes. If you would like all of the Personal data removed from the application, platform, and all of the properties owned by Disctopia, you must submit a request via email to support@Disctopia.com.

26. Integration with YouTube API Services Terms of Service

By using Disctopia's services, you acknowledge and agree to be bound by the YouTube Terms of Service. Our use of YouTube API Services is subject to compliance with YouTube's policies and guidelines, and by using any features or functionalities that involve YouTube API Services, you are also agreeing to adhere to their terms.

Privacy and Data Use

Disctopia's integration with YouTube API Services requires us to collect and process certain data as outlined below. By using features that utilize YouTube API Services, you consent to this data processing in accordance with our Privacy Policy.

Use of YouTube API Services:

Disctopia incorporates YouTube API Services to provide enhanced features for our users. This includes access to specific functionalities that require interaction with YouTube's platform.

Data Sharing:

We may share your information with YouTube only as necessary to facilitate using YouTube API Services. The information shared is limited to what is essential for the intended functionality.

User Access and Revocation:

You have the right to revoke Disctopia's access to your data at any time. To manage your access permissions, please visit the Google Security Settings page and follow the instructions.

Links to Google Policies

For additional transparency, we encourage you to review the following Google policies:

• YouTube Terms of Service
• Google Privacy Policy

In addition to our standard data deletion procedures, you can also manage the data you've shared with us by revoking access through the Google security settings page. From this page, you can revoke our app's access to your Google account data.

Updates and Questions

We are committed to protecting your privacy and complying with the terms set forth by YouTube and Google. Should you have any questions or concerns about our use of YouTube API Services, please contact us at support@disctopia.com.

For the brief Intellectual Property Policy and creator-specific copyright procedures, see the Copyright Policy.

Some main points that you may want to take notice of…

1. Am I signing over the rights to my library?

No. The only rights we own are the ones we need to run the Service. For example, the right to host the music, podcasts, videos, films, documents, or graphic designs you upload, stream and allow YOU sell it on YOUR behalf (if you choose to enable paid downloads), display whatever lyrics and the artwork you put on the Site, and so on.

2. What can I upload?

You must own or control all rights to everything you upload. That means covers are out unless you have a written license or authorization from the Creative to upload the body to Disctopia and grant us the rights in the terms below. Do not upload cover songs unless you have obtained all permissions and authorizations in writing! These requirements apply regardless of whether you're selling the music or giving it away.

More details below.

3. How much does Disctopia cost?

Our Site can cost you little as nothing to up to about $599.00 a month. Please see our pricing page.

BUT AS ALWAYS WE WILL NEVER CHARGE A COMMISSION FEE FOR DISTRIBUTING YOUR MUSIC, MEDIA, OR CONTENT. PERIOD.

Please read these Terms of Use ("Agreement" or "Terms of Use") carefully before using the services offered by Disctopia, Inc. ("Company"). This agreement sets forth the legally binding terms and conditions for your use of the Disctopia website, applications, and platform at www.Disctopia.com (the "Site") and the Service owned and operated by Disctopia (collectively with the Site, the "Service").

By using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this agreement. This agreement applies to all Site or Service users, including users who are also contributors of Content, Information, and other materials or services on the Site.

4. Acceptance of Terms

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use"), which term also incorporates the Privacy Policy and the Copyright Policy and all other operating rules, policies, and procedures that may be published from time to time on the Site by Disctopia, each of which is incorporated by reference and each of which may be updated by Disctopia from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Disctopia from time to time; your use of such services is subject to those other terms and conditions incorporated into these Terms of Use by this reference.

The Service is available only to individuals who are at least 13 years old. You represent and warrant that you are of legal age to form a binding contract if you are an individual. All registration information you submit is accurate and truthful. In its sole discretion, Disctopia may refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

5. Modification of Terms of Use

Disctopia reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Disctopia may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

6. Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions) is provided only for your own personal, non-commercial use (except concerning a Creative selling their music as authorized through the Service). You are responsible for all of your activities in connection with the Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Disctopia or its partners on or through the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity, or other rights of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful, or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
• constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
• involves commercial activities or sales without Disctopia's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• exploits people sexually or violently;
• contains software viruses or other harmful code; or
• impersonates any person or entity, including any employee or representative of Disctopia.

Additionally, you shall not take any action that imposes an unreasonable load on Disctopia's infrastructure; interfere with the proper working of the Service; bypass measures Disctopia uses to prevent or restrict access; run Maillist, Listserv, auto-responder or "spam" on the Service; or use manual or automated software to "crawl" or "spider" any page of the Site.

You shall not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service; modify, translate, or otherwise create derivative works of any part of the Service; or copy, rent, lease, distribute, or otherwise transfer any of the rights you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

Disctopia reserves the right to remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason; and to remove or block any User Submissions from the Service.

7. Fan Personal Information – Basic

As a condition to using certain features of the Service (including, without limitation, the free download feature), you may be required to provide certain Personal Information to relevant Creative, such as your email address, country of residence, and zip/postal code ("Fan Information"), to join the appropriate Creative's mailing list. As a condition to each such Creative's right to receive such Fan Information, Disctopia requires each Creative to agree to the terms outlined in the next section of this agreement. However, you acknowledge that Disctopia has no control over using the Fan Information by the Creative.

8. Fan Personal Information – Creative+

In connection with certain features of the Service, you, an individual recording Creative or a collection of recording Creatives (a "Creative") may collect certain types of Fan Information. As a condition to receiving such Fan Information, you acknowledge and agree that you will not disclose, rent, or sell any Fan Information to any third party, and you will use the Fan Information only in connection with the Creative's mailing list to provide fans with general information and news about the Creative. You further agree that any email sent to the Creative mailing list will include a functioning opt-out mechanism.

9. Registration

You may browse the Site and view content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Disctopia and select a password and screen name ("User ID"). You shall provide Disctopia with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Disctopia account.

10. Subscription Plans – Fan (free, no cost)

Our unpaid subscription allows you to download and stream free albums and tracks from a variety of Creatives. This plan also allows you to support your favorite Creatives by downloading their priced albums and tracks.

11. Subscription Plans – Basic

A paid subscription that allows you to stream the entire Disctopia audio library. This plan also allows you to support other Creatives by downloading and streaming their priced or free content.

12. Subscription Plans – Creative

A paid subscription that allows you, the Creative, to upload audio media files unlimitedly and stream the entire Disctopia library. This plan also allows you to support other Creatives by downloading and streaming their priced or free content.

For our Creatives, we send you payments once you have earned a minimum accumulation of $9.99 through TruePlays™ or all content purchases from your fans. Our weekly payment schedule is set up to pay Premium Creatives every Wednesday.

There are two ways to receive payments: First, when a fan or Creative purchases your album or track at your set price, we payout in full. We never take a commission from direct purchases. Second, we will pay up to two cents for every TruePlay™.

A TruePlay™ is when a paid subscriber streams at least 75% of one of your tracks or media files. Users who are direct members of Disctopia have a greater payout than Creatives who are aggregated or curated through a third-party service.

13. Subscription Plans – Creative+

Includes the Creative plan but gives you access to data insights, and more platform features such as the ability to sell merchandise.

14. Fees and Payment – Fans

You may purchase products or services from a Creative through the Site, including without limitation purchases of digital downloads and physical merchandise (each such purchase is a "Transaction"). All inquiries regarding Transactions will be directed to the relevant Creative. Disctopia is not responsible for refunds for Transactions. You warrant that if you enter into a Transaction, you shall be able to make full and immediate payment for the requested products or services.

15. Fees and Payment – Creative

You will set the prices for your products that are charged through Transactions through the Site, and you may change the Prices at your sole discretion. You shall be solely responsible for, and Disctopia shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), credit card transaction fees, disputed payments, and refunds. Payments received from users for Transactions shall be directed to you.

16. Additional Fees

Disctopia reserves the right to require payment of fees for certain additional features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site. Disctopia reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site.

17. Third-Party Sites

The Service may permit you to link to other websites, applications, and platforms or resources on the Internet. When you access third-party websites, applications, and platforms, you do so at your own risk. These other websites are not under Disctopia's control. You acknowledge that Disctopia is not responsible for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources.

18. Payment Processing Services

Payment processing services for users and Creatives are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as a user or Creative on Disctopia, you agree to be bound by the Stripe Services Agreement, as Stripe may modify the same from time to time.

19. Content and License

You agree that the Service contains content expressly provided by Disctopia or its partners. Such content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions in any Content accessed through the Service.

Disctopia grants each user of the site or service a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use, modify and reproduce the content solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Disctopia or the copyright holder identified in such content's copyright notice.

20. Intellectual Property Rights – Creative

The Service provides Creative with the ability to upload the Creative's sound recordings ("Sound Recordings") and the musical works ("Musical Works") embodied therein (collectively, the Creative's "Music") to the Site. Disctopia will not have any ownership rights in any elements of a Creative's Music; however, Disctopia needs the following license to perform the Service.

By uploading any Music, Artwork or Content to the Site you represent and warrant that: (a) you own or otherwise control all rights to your Sound Recordings, the Musical Works embodied therein, and the Artworks; (b) you have full authority to act on behalf of any owners of any right, title, or interest in and to any Sound Recordings; (c) you have permission to use the name and likeness of each identifiable person whose name or likeness is contained or used within the Music or Artworks; and (d) you are authorized to grant all of the rights as mentioned above.

You represent and warrant that the use or other exploitation of your Sound Recordings will not infringe or violate the rights of any third party, including any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

21. Intellectual Property Rights – User Submissions

By Submitting User Submissions through the Site or the Service, you grant Disctopia a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Disctopia's business.

You represent and warrant that you own or otherwise control all rights to all content in your User Submissions, that you have full authority to act on behalf of any owners, that you have permission to use the name and likeness of each identifiable person, and that you are authorized to grant all of the rights mentioned above.

22. Termination

Disctopia may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

23. Warranty Disclaimer

Disctopia has no special relationship with or fiduciary duty to you. The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, all of which are expressly disclaimed.

Disctopia does not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components, or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.

24. Waiver of Additional Royalties

The Royalty Fee payable to Creative shall include all compensation, including mechanical and performance royalties for underlying musical works due to Creative, individual producers, the performers, engineers, and any other persons engaged in connection with the Work. Creative now waives any right to any compensation other than the Royalty Fee. Creatives will be solely responsible for the payment of all the above-stated royalties and will indemnify Disctopia and hold Disctopia harmless against any losses, damages, costs, or claims made by any parties resulting from Electronic Distributions hereunder.

25. Merchandise

Disctopia shall pay Creative One-hundred percent (100%) of all Net Profits of Merchandise. "Net Profits" means gross revenue received by Disctopia from all merchandise sold, adjusted for all costs to create and purchase the merchandise, returns, allowances, refunds, bad debt, overhead, shipping and handling, and taxes of any kind.

You shall defend, indemnify, and hold harmless Disctopia and its affiliates, authorized sublicensees, and distributors from any liabilities, claims, and expenses, including reasonable attorneys' fees and court costs, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions.

26. Limitation of Liability

In no event shall Disctopia, its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory concerning the Service for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; for any bugs, viruses, trojan horses, or the like; or any direct damages above (in the aggregate) one-hundred US dollars ($100.00).

27. International Use

Disctopia makes no representation that the content is appropriate or available for use in locations outside of the United States of America. Accessing the Service is prohibited from territories where such content is illegal. If you access the Service from other locations, you do so at your initiative and are responsible for compliance with local laws.

28. Dispute Resolution

You and Disctopia agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed per the State of North Carolina laws, excluding its conflicts of law rules and the United States of America. Any dispute arising from or relating to the subject matter of this agreement shall be finally settled by arbitration in Mecklenburg County, North Carolina, using the English language per the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

29. Integration and Severability

The Terms of Use are the entire agreement between you and Disctopia for the Service and use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Disctopia for the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

30. Miscellaneous

Disctopia shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Disctopia's reasonable control. The Terms of Use are personal to you and are not assignable, transferable, or sublicensable by you except with Disctopia's prior written consent. Disctopia may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created due to the Terms of Use.

31. Contact

You may contact Disctopia at the following address: feedback@Disctopia.com.

32. Additional MERCH (Shop/Products) terms

Order Cancellations

Orders that you submit online are processed immediately and may not be canceled, and you may need to wait until you receive the merchandise to return it.

Returns

Once an item of merchandise is delivered to you, you can return that item within seven days of delivery. To be eligible for a return, your merchandise must be unused and in the same condition as you received it and must be in the original packaging. Our return policy does not apply to discounted or sale items, gift cards, personalized items, perishable goods, intimate apparel, sanitary goods, hazardous materials, or flammable liquids or gases.

Shipping

To initiate a return, please email us at social@disctopia.com. We require a receipt or proof of purchase to accompany your return. You are responsible for paying for all shipping costs for your returned item. Shipping costs are non-refundable.

Refunds and Exchanges

After receiving your valid return, we will send you an email to notify you that we have received your returned item and notify you of the acceptance or rejection of your return. If we accept your return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a credit to the payment card or original method of payment, a check, or another remedy that we determine in good faith is appropriate.

33. Account Deactivation & Data Deletion

Please follow the instructions to deactivate and delete your account and all the associated data.

Before deactivating your Disctopia account, please note the following:

• You can't reactivate your Disctopia account. You must create a new one.
• Some of your information may remain visible to other Disctopia users for up to 30 days.
• Personal Data will be deleted upon request via email to support@disctopia.com.
• Your profile, music, uploads, podcasts, and merchandise will be deleted so your fans cannot find or search for your works.
• You must register using a fresh new account whenever you'd like to return to Disctopia.

To deactivate, follow these steps from your Disctopia dashboard: Settings → Account → Deactivate and Delete Account.

34. Apple Pay

Disctopia uses Apple Pay which allows you to make secure purchases in stores, in apps, and on the web, using your debit, credit, and prepaid cards.

• When you add a card to Apple Pay, card-related information, location, and information about device settings and use patterns may be sent to Apple to determine eligibility.
• Some of the above information, account-related information, and paired-device details may be shared with your card issuer or bank to determine eligibility and for anti-fraud purposes.
• When you use Apple Pay in the Disctopia mobile app and on the web, information necessary to process the payment is shared with the Disctopia app or website. Your actual card number isn't shared with Disctopia.
• Apple Pay data that can no longer be tied to you may be used by Apple to improve Apple Pay and other Apple products and services.

To learn more please visit the Apple Pay Privacy Policy.

35. Fair Use Policy

Disctopia is committed to supporting a vibrant creative community where users can share and discover diverse content. To balance the rights of content creators with the fair use of copyrighted material, ensure equitable access to resources, and maintain platform integrity, we have established this Fair Use Policy.

What is Fair Use?

Fair use is a legal doctrine that allows limited use of copyrighted material without requiring permission from the copyright owner, provided that the use meets specific conditions. Factors considered include: purpose and character of use; nature of the copyrighted work; amount and substantiality of the portion used; and effect on the market for the original work.

Bandwidth Fair Use

To ensure that all Disctopia users have access to a high-quality experience, we implement a Bandwidth Fair Use Policy. Excessive bandwidth use includes continuous automated downloads or uploads, streaming or hosting extremely large files for purposes unrelated to creative content distribution, and using the platform primarily as a personal file storage service.

Disctopia accounts are subject to limits based on their subscription plan. If your bandwidth usage exceeds the fair use threshold, we will notify you and may recommend steps to optimize your content or usage. For continued excessive use, Disctopia reserves the right to throttle your account's bandwidth or temporarily restrict access. For repeated or egregious violations, your account may be subject to suspension or termination.

Questions about these terms? Email feedback@disctopia.com. For privacy practices, see the Privacy Policy tab above.