Terms & Policy

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

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

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

2. What can I upload?

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

   More details below.

3. How much does Disctopia cost?

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

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

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

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

4. Acceptance of Terms

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

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

5. Modification of Terms of Use

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

6. Rules and Conduct

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

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

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

   Additionally, you shall not:

   • 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;
   • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
   • 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);
   • 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):

   • 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,
   • modify, translate, or otherwise create derivative works of any part of the Service, or
   • copy, rent, lease, distribute, or otherwise transfer any of the rights you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

   Disctopia 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

   • 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 Disctopia is concerned that you may have violated the Terms of Use), or for no reason at all and
   • to remove or block any User Submissions from the Service.
7. Fan Personal Information – Basic

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

8. 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).

9. Registration

   You may browse the Site and view content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Disctopia and select a password and screen name (“User ID”). You shall provide Disctopia with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Disctopia account. You shall not

   • select or use as a User ID or domain a name of another person with the intent to impersonate that person;
   • use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or
   • 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.
10. Subscription Plans – Fan (free, no cost)

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

11. Subscription Plans – Basic

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

12. Subscription Plans – Creative

    A paid subscription that allows you, the Creative, to 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.

13. Subscription Plans – Creative +

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

14. Fees and Payment – Fans

    You may purchase products or services from a Creative through the Site, including without limitation purchases of digital downloads and physical merchandise (each such purchase is a “Transaction”). All inquiries regarding Transactions will be directed to the relevant Creative. Disctopia is not responsible for refunds for Transactions.

    You warrant that if you enter into a Transaction, you shall be able to make full and immediate payment for the requested products or services.

15. Fees and Payment – Creative

    You will set the prices for your products that are charged through Transactions (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.

16. Additional Fees

    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.

17. Third-Party Site

    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.

18. 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.

19. Content and License

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

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

20. Intellectual Property Rights – Creative

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

    • 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);
    • 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
    • reproduce, use, 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, Artwork or Content to the Site you represent and warrant, and can demonstrate to Disctopia’s satisfaction upon request, that

    • 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);
    • 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 have permission to use the name and likeness of each identifiable person whose name or likeness is contained or used within the Music or Artworks, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Music or Artworks) as contemplated by these Terms of Use, and
    • you are authorized to grant all of the rights as mentioned above to the Music or Artworks to Disctopia 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 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.

    Unlimited Bandwidth Fair Use Policy: In general, we do not restrict or charge additional fees for bandwidth usage on Self-Serve Creative accounts (i.e. the data used to deliver your videos to your viewers). In any calendar month, however, we reserve the right to charge fees for excessive bandwidth usage, to require you to upgrade to a more suitable plan, or to terminate your account(s) upon advance written notice if you exceed 90% of Self-Serve users on our platform.

21. Intellectual Property Rights – User Submissions

    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 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;
    • represent and warrant, and can demonstrate to Disctopia’s 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 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 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 rights mentioned above to the User Submissions to Disctopia 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 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
    • 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;
    • 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.
22. Termination

    Disctopia may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. 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.

23. Warranty Disclaimer

    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 guarantee 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.

24. Waiver of Additional Royalties

    The Royalty Fee payable to Creative shall include all compensation, including mechanical and performance royalties for underlying musical works due to Creative, individual producers, the performers, engineers, and any other persons engaged in connection with the Work. Creative now waives any right to any compensation other than the Royalty Fee, 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.

25. Merchandise

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

    You shall defend, indemnify, and hold harmless Disctopia and its affiliates, authorized sublicensees, and distributors. Each of their employees, contractors, directors, suppliers, and representatives, from any liabilities, claims, and expenses, including reasonable attorneys’ fees and court costs, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other rights 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 now agree to defend, indemnify, and hold harmless Disctopia from any 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.

    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.

26. 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.

    • 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),
    • for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or
    • 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.

27. International Use

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

28. Dispute Resolution

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

    The Terms of Use shall be governed by and construed per the State of North Carolina laws, excluding its conflicts of law rules and the United States of America. Any dispute arising from or relating to the subject matter of this agreement shall be finally settled by arbitration in Mecklenburg County, North Carolina, using the English language per the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators per 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 costs) incurred in connection in addition to that. 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 prize and an order of enforcement, as the case may be. Notwithstanding the previous, 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 affect all provisions of the Terms of Use, including without limitation, this section.

29. Integration and Severability

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

30. Miscellaneous

    Disctopia shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Disctopia’s reasonable control, 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 Disctopia’s prior written consent. Disctopia may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created due to the Terms of Use. 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 email; 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. They will in no event be construed to define, limit or describe the scope or intent of this agreement or any provision of this agreement, nor in any way affect the interpretation of this agreement.

31. Contact

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

32. Additional MERCH (Shop/Products) terms

    Order Cancellations

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

    Returns

    Once an item of merchandise is delivered to you, you can return that item within seven days of delivery. To be eligible for a return, your merchandise must be unused and in the same condition 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.

    Shipping

    To initiate a return, please email us at social@disctopia.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.

33. Account Deactivation & Data Deletion

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

    We don’t want to see you go on Disctopia, but there’s a process to deactivate your accounts. Before deactivating your Disctopia account, please note the following:

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

    To deactivate, please follow these simple processes:

    1. Click on Settings from your Disctopia dashboard.
    2. Scroll to the Account tab.
    3. Click on Deactivate and Delete Account.
    4. All of your Personal Data will be deleted within this request.
34. APPLE PAY

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

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

    To learn more please visit Apple Pay Privacy Policy at https://www.apple.com/legal/privacy/data/en/apple-pay/