(Updated March 17, 2021)

 

 

Anti-Fraud Policy

 

For the purpose of this Anti-Fraud Policy, the “End User” will be the person or legal entity that has entered into a contractual relationship with us, accepting the Terms And Conditions and providing content that will be made available on DSP (“Digital Service Providers”). "We" or "Us" are the providers of the service, DistroSongs.

 

Purpose

The purpose of this policy is to provide:

  • A clear definition of what we mean by “fraud”.

  • A summary to End Users of their responsibilities for avoiding fraudulent activities.

  • Guidance to all parties involved as to actions which should be taken when we, the DSP, or any other third party suspect any fraudulent activity.

 

This document is intended to provide guidance and should be read in conjunction with:

  • The Terms And Conditions

  • The Privacy Policy

 

Definitions

  • End User: Is the person or legal entity that has entered into a contractual relationship with DistroSongs for the use of the platform.

  • User Account: Accounts owned by end-users

  • Fraud: the unauthorized exploitation of material protected by copyright (“Copyright Infringement”); the copyright infringement of any law that regulates the ownership of legal right holders; the use of (modified) artist, band or label names or artwork which may create confusion or false expectations related to content which is served to consumers by DSP (i.e., Musical Spam); the use of automated digital bots or other means to “click” on payment-generating links pretending to be consumers (i.e., Click Fraud); the upload of distorted music also to generate revenues and other unauthorized activities which are in breach with the Terms And Conditions or the agreements we have with DSP’s.

 

Policy

  • Fraud in all its forms is wrong, and is unacceptable to us.

  • Our objective is to avoid and, if necessary, eliminate fraudulent usage of our Services.

  • Any indications of fraud will be rigorously investigated and dealt with in a firm and controlled way.

  • If a DSP identify what they believe to be fraudulent streams, they may take down the content and inform DistroSongs about the case, reserving the right to withhold from future royalty payments the amounts previously generated through suspicious activities.

  • DistroSongs’ entire back catalog and all new tracks are logged and matched against several databases to avoid multiple uploads of the same song, uploads of “white noise”, “empty songs”, uploads of already copyrighted materials and, in general, any unauthorized activity.

  • In the event of suspected fraudulent activity,

  • Revenues in any Account that are received in connection with content that we believe, in our sole discretion, violate the Terms And Conditions, will be blocked and retained

  • Blocked accounts can only be unblocked following the strict protocol described below.

 

The consequences of fraudulent use of our Platform or Services

  • If an End User is suspected and/or deemed breaching the Terms And Conditions, we have the right to terminate the contractual relationship.

  • Any royalty amounts due to an End User from any DSP for any fraudulent or unauthorized use of the service may be recouped by withholding such amounts from future payments due to an End User.

  • To the extent any fraudulent and/or infringing activities are determined to be caused by the End User’s’ actions, any costs incurred by us or our providers (including legal fees and expenses) in connection therewith may, in addition to other remedies, will be deducted by us from any future payments due to an End User.

 

Blocked Account Policy

 

All cases will be evaluated on a case-by-case basis:

  • In case an End User cannot or refuses to provide any requested information and/or needed documentation within 5 working days of the request, we may block and withhold revenues in any User Account that are received in connection with content that we believe, in our sole discretion, violate our Terms And Conditions or the agreements we have with DSP.

  • We may discontinue the contractual relationship with the End User.

  • The blocked Accounts will not be able to access the platform and, therefore, enjoy our services.

  • If the End User does not provide any kind of response, all content from the involved Account may be taken down.

  • The royalties corresponding to the infringing content are forfeit.

 

 

Unblocking An Account

 

All cases will be evaluated on a case-by-case basis:

  • In case an End User provides the requested information within 5 working days of the request, and the information can be verified, the account may be unblocked. We may request End Users to take the following steps in order to unblock the account:

  • The End User information must be fully completed.

  • The End User has to send us a copy of an identification document (passport or national ID).

  • In most cases, we also request artist profiles, website urls, Twitter, Facebook, Instagram, etc., profile information from the artist in order to contrast this with the sales data. These profiles must have historical data to support the sales data.

 

Royalties forfeiture for Blocked Accounts

 

All cases will be evaluated on a case-by-case basis:

  • Revenues in any User Account that are received in connection with content that we believe, in our sole discretion, violate the Terms And Conditions and/or the Anti-Fraud Policy, or any other DistroSongs policies, are forfeit.

  • Additionally, Revenues in any User Account that are received in connection with content that are suspected of fraud and/or violate the Terms And Conditions and/or the Anti-Fraud Policy, or any other DistroSongs policies are forfeit.

 

Takedowns

 

On a case-by-case basis, we will initiate takedowns of confirmed infringing content for User Accounts. However, please also note that any content that may be marked as suspicious by DSP at their sole discretion, may be taken down at their own discretion.