Terms and Conditions of Use Distribution

Freecords is the all-in-one music hub for artists.

Introduction

These Distribution Terms and Conditions ("Distribution Terms") govern the distribution of music through Freecords. By distributing music through Freecords, you agree to be bound by these Distribution Terms.

Company Information:

Company name: Freecords B.V.

Address:
Herengracht 420
1017 BZ Amsterdam
The Netherlands

1. Definitions

1.1 "Distribution Service": Refers to the services provided by Freecords for distributing music to third-party digital service providers (DSPs) and other media outlets.

1.2 "Artist": Any individual or entity who submits music for distribution through Freecords.

1.3 "Content": All audio recordings, cover artwork, metadata, and any other materials submitted by the Artist for distribution.

2. Grant of Rights

2.1 License to Distribute

The Artist grants Freecords a non-exclusive, worldwide license to distribute, promote, and license the Content to DSPs and other media outlets for the agreed-upon distribution period.

2.2 Territory

The license is granted for worldwide distribution unless otherwise restricted by agreement.

3. Artist Obligations

3.1 Ownership and Rights

The Artist warrants that they own and/or control all rights necessary to grant the licenses set forth in these Distribution Terms, including copyrights, and have secured all necessary permissions and licenses from third parties.

3.2 Accurate Information

The Artist agrees to provide complete and accurate information regarding Content and to keep such information updated.

3.3 Compliance with Laws

The Artist agrees to comply with all applicable laws and regulations regarding the distribution and promotion of Content.

4. Revenue and Payment

4.1 Revenue Sharing

Freecords will remit 100% of the artist royalties received from DSPs or distribution partners, net of any transaction and currency conversion fees incurred during these transactions.

4.2 Payment Terms

Earnings from DSPs and distribution partners will be reflected in the artist's account within no later than 30 days after Freecords receives the relevant reports. Payment of royalties is subject to the same threshold and conditions as defined in the app terms and conditions.

4.3 Accounting and Reports

Freecords shall provide regular accounting statements and reports to the Artist, detailing earnings and payments, no later than 30 days after receiving the relevant reports from DSPs or distribution partners.

5. Content Guidelines and Restrictions

5.1 Acceptable Content

The Artist agrees to ensure that all Content is appropriate and in compliance with content guidelines set forth by Freecords and partnered DSPs.

5.2 Prohibited Content and Repeated Infringement

Freecords maintains a zero-tolerance policy towards the repeated upload of copyrighted content without authorization. Accounts found repeatedly violating this policy will be subject to termination.

6. Takedowns and Liability

6.1 Takedown Requests

Freecords endeavors to process takedown requests promptly upon notification. While we strive to act swiftly, timeframes may vary depending on operational capabilities.

6.2 Liability for Damages

The Artist agrees to indemnify and hold Freecords harmless from any damages, including legal fees and costs, in connection with claims arising from copyright infringement, streaming fraud, or any other misuse attributable to the Artist's conduct.

7. Streaming Fraud

7.1 Zero Tolerance for Streaming Fraud

Freecords strictly prohibits any form of streaming fraud. This includes, but is not limited to, artificial manipulation of stream counts through automated methods, fake accounts, or other deceptive practices.

7.2 Consequences and Fees

In the event that Freecords identifies or is notified of streaming fraud associated with an Artist's Content, Freecords reserves the right to recoup any fees, charges, or damages incurred as a result, through all legal means available. The Artist will be held financially responsible for any related costs.

8. DMCA/Copyright Claims

8.1 Claim Submission

If you believe that your copyright has been infringed by content distributed through our services, you may submit a DMCA/copyright claim request to Freecords at [email protected].

8.2 Requirements for a Valid Claim

Your claim must include:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Freecords to locate the material.

- Information reasonably sufficient to permit Freecords to contact the complaining party, such as an address, telephone number, and, if available, an email address.

- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9. Term and Termination

9.1 Term

The Distribution Terms and the period for which Content is distributed shall continue indefinitely unless terminated by either party in accordance with the provisions herein.

9.2 Termination by Artist

The Artist may terminate these Distribution Terms by providing written notice to Freecords.

9.3 Termination by Freecords

Freecords reserves the right to terminate these Distribution Terms at any time for a material breach by the Artist, or at Freecords' sole discretion with notice.

10. General Provisions

10.1 Amendments

Freecords reserves the right to modify these Distribution Terms at any time. Significant changes will be communicated to the Artist.

10.2 Governing Law

These Distribution Terms shall be governed by and construed in accordance with the laws of the Netherlands.

10.3 Contact Information

For questions regarding these Distribution Terms, please contact Freecords at [email protected].