Privacy & Terms

Ok ladies and gentlemen, this not just your usually blase' blase' legal text. We summarized most of it for you at the top, but feel free to read the complete privacy and terms of use below. We take artist's creative work very seroiusly and important. never hesiate to contact us if you have any questions or concerns.

Privacy Policy

Disctopia Media Distribution, Inc. (“Disctopia”) knows that your personal information in today’s world that is used and shared in any manner is importatnt, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the www.Disctopia.com  website and domain name, and any other linked pages, features, content, or application services offered from time to time by Disctopia in connection therewith (collectively, the "Website"), or using any of our services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers Disctopia’s treatment of personally identifiable information ("Personal Information") that Disctopia gathers when you are accessing Disctopia's Website 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.

What Personal Information Does Disctopia Collect?

The information we gather from customers enables us to personalize and improve our services and to allow our users to set up a user account and profile that can be used to interact with other users through the Website. In connection with the Website, we request and display some personal information to other users and visitors of Website, which allows users to identify each other. We collect the following types of information from our customers.

Personal Information You Provide to Us:
We receive and store any information you enter on our Website 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 content of the Website, customizing the advertising and content you see, and communicating with you about specials and new features.

Personal Information Collected Automatically:

We receive and store certain types of information whenever you interact with our Website 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, and 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 Website or services so that we can make the Website 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 Website, 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.

E-mail 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

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. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Website’s most attractive features.

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.

Affiliated Businesses We Do Not Control: We are affiliated with a variety of businesses and work closely with them. In certain situations, these businesses sell items to you through Disctopia's Website. In other situations, Disctopia provides services, or sells products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business, if you have agreed to be solicited by marketing partners during the registration process.

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 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.

User profiles: User profile information including users’ name, email address, and other information you enter (“User Submissions”) may be displayed to other users to facilitate user interaction within the Website. 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 Company, except, when the user is "connected" to another user via a shared group membership, or an invitation, or if the user has chosen to include their email address in their User Profile.

Communication in response to User Submissions: As part of the Website and Services, you will receive from Company email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, Company may send you email and other communication that it determines in its sole discretion relate to your User Submissions.

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 is 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 set forth in this policy.

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.

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.
Personal Information Collected by Artists

As a condition to using certain features of our website and services (including, without limitation, the free download feature), you may be required to provide certain personal information to relevant Artists, such as your e-mail address, country of residence and zip/postal code ("Fan Information") in order to join the relevant band's 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 not disclose, rent, or sell any Fan Information to any third party, 2) will use the Fan Information only in connection with the band's mailing list, in order to provide fans with general information and news about the band, and 3) will ensure that any e-mail 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 the use of the Fan Information by the Artists. You can choose not to provide such Fan Information, but you may not be able to take advantage of the associated features. For further information, please see the "Fan Personal Information – Fans" and "Fan Personal Information – Artists" sections in the Disctopia Terms of Use.


Is Personal Information About Me Secure?

Your Disctopia account Personal Information is protected by a password 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 security of user information at any time. The Website may contain links to other sites. Disctopia is not responsible for the privacy policies and/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 Website.

What Personal Information Can I Access?

Disctopia allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list will change as our Website changes.

   Username and password, E-mail address, User profile information, Account Information, Credit Card Infomation

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 are able to add or update certain information on pages, such as those listed in the “What Personal Information Can I Access” section above. When you update information, however, we often maintain a copy of the unrevised information in our records.

You may request deletion of your Disctopia account by sending an e-mail to support@Disctopia.com. Please note that some information may remain in our records after 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, and you are responsible for reviewing such legal notices for changes.

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 at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Website after such changes have been first posted.

Questions or Concerns

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

Copyright Policy

Disctopia ("Company") has adopted and will maintain the following general copyright policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. It is Company'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.

I. Procedure for Reporting Claimed Infringement:

If you believe that material or content residing on or accessible through the Company 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: i. A physical or electronic signature of a person authorized to act on behalf of the owner of the work that has been allegedly infringed; ii. Identification of works or materials being infringed; iii. 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 Company 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. iv. 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; v. 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.

II. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Company's policy: i. to remove or disable access to the infringing material; ii. to notify the content provider, member or user that it has removed or disabled access to the material; and iii. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider's, member's or user's access to the service.

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

If 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 believes that it has the right to post and use such material from the owner of the intellectual property, the owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: i. A physical or electronic signature of the content provider, member or user; ii. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled; iii. 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 iv. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail 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 Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company 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 Company's discretion. Please contact Company's Designated Agent to Receive Notification of Claimed Infringement at the following address: copyright@Disctopia.com

 

 

Terms of Use
Effective Date: May 14, 2015
Some main points that you may want to take notice on….

  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 you upload, stream and allow YOU sell it on YOUR behalf (if you choose to enable paid downloads), display whatever lyrics and artwork you put on the site, and so on. More Details below…
  2. What can I upload? Are covers OK? 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 artist to upload the cover 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 9 bucks a month. Please see our pricing page, BUT AS ALWAYS WE WILL NEVER CHARGE A COMMISSION FEE FOR DISTRIBUTRING YOUR MUSIC or MEDIA. PERIOD.

Now the Details.
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 Website at www.Disctopia.com (the "Site") and the service owned and operated by company (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 users of the Site or Service, including users who are also contributors of content, information, and other materials or services on the Site.


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 available at www.Disctopia.com/privacy, the Copyright Policy available at www.Disctopia.com/copyright.html and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference and each of which may be updated by Company 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 Company from time to time; your use of such services is subject to those additional terms and conditions, which are 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 if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, 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.

Modification of Terms of Use.


Company 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. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service 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.

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 (both as defined below)) is provided only for your own personal, non-commercial use (except with respect to Artist selling their music as authorized through the Service). You are responsible for all of your activity 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 Company 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 right 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 e-mail ("spamming");
  • involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • exploits people in a sexual or violent manner;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
  • impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, Company reserves the right to (i) 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 (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Fan Personal Information – Basic Artist.


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 Artist, such as your e-mail address, country of residence and zip/postal code ("Fan Information"), in order to join the relevant Artist’s mailing list. As a condition to each such Artist’s right to receive such Fan Information, Company requires each artist to agree to the terms set forth in the next section of this Agreement. However, you acknowledge that Company has no control over the use of the Fan Information by the Artist, and you further acknowledge and agree that Disctopia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Artist' use of such Fan Information.

Fan Personal Information – Premium Artist.


In connection with certain features of the Service, including by requiring that fans provide you with their e-mail addresses and other personal information in order to access the free download option, you, an individual recording artist or a collection of recording artists (a “Artist”) 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 Artist’s mailing list, in order to provide fans with general information and news about the Artist, such as upcoming shows and new music. You further agree that any e-mail sent to the Artist 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).

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 Company and select a password and screen name (“User ID”). You shall provide Company 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 Company account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payment – Fans.


You may purchase products and/or services from a artist 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 artist. Company 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.

Fees and Payment – Artist.


You will set the prices for your products that are charged through Transactions (the “Prices”) through the Site, and you may change the Prices at your sole discretion. You shall be solely responsible and liable for, and Company shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), PayPal fees (except for fees charged on Company’s PayPal account), credit card transaction fees, disputed payments and refunds.
Payments received from users for Transactions shall be directed to you, Company retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Company, and to correct any inaccurate listing or technical problems on the Site.

Additional Fees.


In addition to the fees set forth above, Company 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 in connection with such features. Company 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. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

Third Party Site.


The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.


Content and License.


You agree that the Service contains Content specifically provided by Company or its partners and that 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 contained in any Content accessed through the Service.
Company grants each user of the Site and/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 Company, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.


Intellectual Property Rights – Artist.


The Service provides Artist with the ability to upload the Artist’s sound recordings (“Sound Recordings”) and the musical works (“Musical Works”) embodied therein (collectively, the Artist’s “Music”) to the Site. Company will not have any ownership rights in any elements of a Artist’s Music, however, Company needs the following license to perform the Service. Each Artist uploading Music to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform, publicly display, create derivate works of, communicate to the public and otherwise exploit (collectively, “Exploit”) (1) the Artist’s Music and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Music on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors, and publicly perform, transmit, stream, distribute, and playback the Artist’s Music) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text (“Artworks”) in connection with the Service); (ii) allow users of the Service to receive public performances and public displays of the Artist’s Music and Artworks and to reproduce the Artist’s Music and Artwork on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.
To enable Company to Exploit your Music pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.
By uploading any Music or Artworks to the Site:

  • you represent and warrant, and can demonstrate to Company’s full satisfaction upon request, that (i) you own or otherwise control all rights to (1) your Sound Recordings, (2) the Musical Works embodied in your Sound Recordings (or that such Musical Works are in the public domain or have otherwise been directly licensed to the Artist in writing with a grant of rights sufficient to permit the Artist to enter into this Agreement and to grant all of the rights with respect to the Artist’s Music as set forth in this Agreement (hereinafter “Direct Licensed”)) and (3) the Artworks (or that such Artworks are in the public domain or Direct Licensed); (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Sound Recordings you upload to the Service and the Musical Works embodied therein and to the Artworks, (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Music and/or Artworks, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Music and/or Artworks) as contemplated by these Terms of Use, and (iv) you are authorized to grant all of the aforementioned rights to the Music and/or Artworks to Company and all users of the Service.
  • you represent and warrant that the use or other exploitation of your Sound Recordings and the Musical Works embodied therein and/or Artworks by Company and its authorized sublicensees and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • you represent and warrant that, to the extent you are the songwriter of any or all of the Musical Works embodied in your Sound Recordings, whether in whole or in part (e.g., as a co-writer), you have the full right, power, and authority to grant the rights set forth in this Agreement notwithstanding the provisions of any agreement you may have entered into with any performing rights organization (“PRO”), whether based in the United States (e.g., ASCAP, BMI or SESAC) or elsewhere, or any music publisher, and that you are solely responsible for taking all steps necessary to inform such PRO or music publisher of your grant of a royalty free license to Company for the uses set forth herein for the Hosting, including public performances and communications to the public, of your Musical Works, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the Hosting of your Musical Works.
  • you represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Sound Recordings as authorized under this Agreement.

If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting company the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.


Intellectual Property Rights – Basic Artist.


The Service provides users with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:

  • acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
  • by Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Company 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 Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites), whether now known or hereafter developed. You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • represent and warrant, and can demonstrate to Company’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain or Direct Licensed, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;
  • you agree to pay all royalties and other amounts owed to any person or entity, including any PROs, due to your Submission of any User Submissions to the Service;
  • that the use or other exploitation of such User Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
  • understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Termination.


Company 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. If you wish to terminate your account, you may do so by following the instructions on the Site. 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, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.


Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
The Service is provided "as is" and "as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Company, and its directors, employees, agents, suppliers, partners and content providers do 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.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Electronic Communications Privacy Act Notice (18USC 2701-2711): Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification.


You shall defend, indemnify, and hold harmless Company and its affiliates, authorized sublicensees and distributors, and each of their employees, contractors, directors, suppliers and representatives, from any and all 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, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity, and for breach of any of your representations and warranties in these Terms of Use. For the avoidance of doubt, you hereby agree to defend, indemnify, and hold harmless Company from any and all claims by a third party owning, controlling or claiming any right in or to any Sound Recording or Musical Work in your Music, including claims for performance royalties, mechanical royalties, and use or re-use fees. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses at your sole expense.

Limitation of Liability.


In no event shall Company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) 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, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Because Company is not the buyer or seller in any Transaction, if a dispute arises between one or more participants in a Transaction, you release Company (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California civil code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You, being aware of said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this Agreement, and that without such waiver, this Agreement would not have been entered into by Company.
Because Company is not the buyer or seller in any actual Transaction between Artist and fans and is not the agent of either for any purpose, Company does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Transaction.

International/Non-Carolina  Use.

Company makes no representation that the Content is appropriate or available for use in locations outside of Carolina, and 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 own initiative and are responsible for compliance with local laws.

Dispute Resolution.


A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company 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 in accordance with the laws of the State of North Carolina, 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 in accordance with 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, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Western District of North Carolina. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability


The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to 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. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous


Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. The captions and headings in this Agreement are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of this Agreement, or of any provision of this Agreement, nor in any way affect the interpretation of this Agreement.

Contact

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

 

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