Effective Date: May 14, 2015
Updated Date: June 1, 2021
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.
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.
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.
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 firstname.lastname@example.org.
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.
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 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.
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.
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.
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.
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.
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 Creatives
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.
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
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.
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.
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 (http://lcweb.loc.gov/copyright/legislation/dmca.pdf).
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.
I. 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:
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 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.
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 the Designated Agent receives proper Bona Fide Infringement Notification:
It is Disctopia’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 Disctopia will terminate such content providers, member’s or user’s access to the Service.
III. 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:
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 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, 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.
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 149.00 a month. Please see our pricing page,
BUT AS ALWAYS WE WILL NEVER CHARGE A COMMISSION FEE FOR DISTRIBUTING YOUR MUSIC or MEDIA. PERIOD.
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.
Acceptance of Terms.
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.
Rules and Conduct.
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:
i. 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;
ii. you know is false, misleading, untruthful, or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
v. involves commercial activities or sales without Disctopia’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
vi. exploits people sexually or violently;
vii. 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 Disctopia or any third party; or
viii. impersonates any person or entity, including any employee or representative of Disctopia.
Additionally, you shall not:
(i) take any action that imposes or may impose (as determined by Disctopia in its sole discretion) an unreasonable or disproportionately large load on Disctopia’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 Disctopia 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 expressly 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 you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Disctopia does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Disctopia has no obligation to monitor the Site, Service, Content, or User Submissions.
However, Disctopia reserves the right to
(ii) (ii) to remove or block any User Submissions from the Service.
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. You further acknowledge and agree that Disctopia shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or connected with the Creative’ use of such Fan Information.
Fan Personal Information – Creative +.
In connection with certain features of the Service, including by requiring that fans provide you with their email addresses and other Personal Information to access the free download option, 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, such as upcoming shows and new music, you further agree that any email sent to the Creative 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).
(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. Disctopia reserves the right to refuse registration or cancel a User ID and domain at its sole discretion. You are solely responsible for the activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Disctopia password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Disctopia in writing any unauthorized use of your account or other account-related security breaches of which you are aware.
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.
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.
Subscription Plans – Creative
A paid subscription that allows you, the Creative, to unlimitedly upload specific audio media file formats 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 True Plays 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 (downloaded copies); Second, we will pay up to two cents for every True Play.
A True Play is when a paid subscriber (i.e., another user) 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.
Subscription Plans – Creative +
Includes the Creative plan but gives you access to data insights, Creative tax fillings, and more platform features such as the ability to sell merchandise.
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.
Fees and Payment – Creative
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 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. Disctopia 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 activities otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Disctopia, and to correct any inaccurate listing or technical problems on the Site.
In addition to the fees set forth above, 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 in connection with such features. 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. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
The Service may permit you to link to other Disctopia websites, applications, and platforms or resources on the Internet, and other Disctopia websites, applications, and platforms or resources may contain links to the Site. When you access third-party Disctopia websites, applications, and platforms, you do so at your own risk. These other Disctopia websites, applications, and platforms 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 Disctopia website, applications, and platforms or resources. The inclusion of any such link does not imply endorsement by Disctopia or any association with its operators. You further acknowledge and agree that Disctopia shall not be responsible, 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 Disctopia website, applications, and platform or resource.
Payment processing services
Payment processing services for users & Creatives, e.g., drivers or sellers on Disctopia, 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 THIS AGREEMENT / THESE TERMS / etc. or continuing to operate as a user and Creative on Disctopia, you agree to be bound by the Stripe Services Agreement, as Stripe may modify the same from time to time. As a condition of Disctopia enabling payment processing services through Stripe, you agree to provide Disctopia with accurate and complete information about you and your business. You authorize Disctopia to share it and transaction information related to your use of the payment processing services provided by Stripe.
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. 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’s right.
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. Each Creative uploading Music to the Service grants Disctopia 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 Creative’s Music and perform the Service on the Creative’s behalf (e.g., reproduce, transcode, copy and store the Creative’s Music on computer servers owned or operated by or on behalf of Disctopia or its authorized sublicensees and distributors, and publicly perform, transmit, stream, distribute, and playback the Creative’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);
(iii) allow users of the Service to receive public performances and public displays of the Creative’s Music and Artworks and to reproduce the Creative’s Music, and Artwork on any devices owned or controlled by the user for non-commercial purposes and receive performances and displays of the same; and
(iv) reproduce, use, and publish, and permit others to reproduce, use and post, the name(s), trademarks, likenesses, and personal and biographical materials of the Creative, in connection with the provision of the Service.
To enable Disctopia to Exploit your Music according to the above provisions, you now grant to Disctopia 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 Artwork to the Site:
you represent and warrant, and can demonstrate to Disctopia’s 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 Creative in writing with a grant of rights sufficient to permit the Creative to enter into this agreement and to grant all of the rights concerning the Creative’s Music as outlined in this agreement (from now on “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 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,
You represent and warrant that the use or other exploitation of your Sound Recordings and the Musical Works embodied therein or Artworks by Disctopia and its authorized sublicensees and distributors 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 outlined in this agreement notwithstanding the provisions of any contract 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 Disctopia 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 to 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 Disctopia the right and license outlined in this agreement and making the representations and warranties outlined 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 Disctopia harmless from and against any claims arising from the exploitation of your music on the Service, including all court costs and legal fees.
Intellectual Property Rights – Creative.
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:
i. 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;
ii. by Submitting any User Submissions through the Site or the Service, you now do and shall 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 (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 Disctopia website, applications, and platforms), whether now known or hereafter developed. You also now do and shall grant each user of the Site 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 preceding license grant to Disctopia 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;
iv. 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;
v. that the use or other exploitation of such User Submissions by Disctopia 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
vi. understand that Disctopia 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 Disctopia will not be liable for any errors or omissions in any content; and that Disctopia cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
vii. Disctopia does not endorse and has no control over any User Submission. Disctopia 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 from there.
Disctopia has no special relationship with or fiduciary duty to you. You acknowledge that Disctopia has no control over and no obligation to take any action regarding which users gain 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 Disctopia from all liability for you having acquired or not acquired Content through the Site. The Site may contain or direct you to the Disctopia website, applications, and platforms containing information that some people may find offensive or inappropriate. Disctopia makes no representations concerning any Content contained in or accessed through the Site. Disctopia will not be 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. Disctopia 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 limit how long an implied warranty lasts, so the above limitations may not apply to you.
Electronic Communications Privacy Act Notice (18USC 2701-2711): Disctopia makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any Disctopia website, applications, and platform linked to the Site. Disctopia 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 Disctopia’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
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, including, without limitation, mechanical or performance royalties in connection with Electronic Distributions hereunder. Creatives will be solely responsible for the payment of all the above-stated royalties. They will indemnify Disctopia and hold Disctopia harmless against any losses, damages, costs, or claims made by any parties resulting from Electronic Distributions hereunder.
Disctopia shall pay Creative sixty percent (80%) 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 Indemnification.
Disctopia reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will assist and cooperate with Disctopia in asserting any available defenses at your sole expense.
Limitation of Liability.
In no event shall Disctopia, 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.
(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) any direct damages above (in the aggregate) one-hundred US 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 Disctopia is not the buyer or seller in any Transaction if a dispute arises between one or more participants in a Transaction, you release Disctopia (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 the said code section, now 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. Without such a waiver, this agreement would not have been entered into by Disctopia.
Because Disctopia is not the buyer or seller in any actual Transaction between Creative and fans and is not the agent of either for any purpose, Disctopia 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.
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.
Integration and Severability
You may contact Disctopia at the following address: feedback@Disctopia.com.
Additional MERCH (Shop/Products) terms
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.
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 that you received it and must be in the original packaging. Our return policy does not apply to the following goods: discounted or sale items, gift cards, personalized items, perishable goods such as food, flowers, newspapers or magazines, intimate apparel, sanitary goods, hazardous materials, or flammable liquids or gases. These items are not eligible for a return, refund, or exchange.
To initiate a return, please email us at email@example.com. We require a receipt or proof of purchase to accompany your return.
All returned merchandise should be sent to the return address on the packaging.
Please do not send such items back to the manufacturer for items manufactured by another party and resold by Us.
You are responsible for paying for all shipping costs for your returned item. Shipping costs are non-refundable. If you receive a refund, the cost of any return shipping will be deducted from your refund. You should consider using a trackable shipping service or purchasing shipping insurance for items of value.
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 an original method of payment used to pay for the item, a check, or another remedy that we determine in good faith is appropriate in the circumstances.