(Updated 3/17/2021)

 

 

Terms And Conditions

 

 

Introduction

Welcome to DistroSongs (“Company”, “we”, “our”, “us”)! Please carefully read the following pages.

 

These Terms And Conditions (“Terms”, “Terms of Service”, “Use”) govern your use of our web pages located at https://www.distrosongs.com, https://www.apps.distrosongs.com, and our associated mobile application (together or individually “Service”) operated by DistroSongs.


Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here http://www.distrosongs.com/privacy-policy.

 

Our Anti-Fraud Policy defines “fraud” and summarizes the End User’s responsibilities for avoiding fraudulent activities. Please read it here http://www.distrosongs.com/anti-fraud.


Your agreement with us includes these Terms, our Anti-Fraud Policy, and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood these Agreements, and agree to be bound of them.


These Terms apply to all visitors, users and others who wish to access or use Service.

 

If YOU are accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, then please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions.

 

By accessing or using the Site and any of the content or services provided within the Site, You signify that you have read, understand and agree to be bound by these Agreements. Please read the Agreements in its entirety.


Thank you for being responsible.

 

 

Purchases


If you wish to purchase any product or service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.


You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.


We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third-parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.


We reserve the right to refuse or cancel your order if fraud or any unauthorized or illegal transaction is suspected.

 

 

Contests, Sweepstakes and Promotions


Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through our Service may be governed by rules that are separate from these Terms And Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms And Conditions, Promotion rules will apply.

 

 

Subscriptions, Pay Per Release Fees, And Other Fees


Some parts of our Service are billed on a subscription basis (“Subscription(s)”) or a fee basis ("Fee(s)"). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan and/or Fee structure you select when purchasing a Subscription and/or Fee.0


At the end of each Billing Cycle, your Subscription and/or Fee will automatically renew under the exact same conditions unless you cancel it or DistroSongs cancels it. You may cancel your Subscription renewal and/or Fee renewal either through your online account management page or by contacting the DistroSongs customer support team at webmaster@distrosongs.com.



A valid payment method, including credit card, PayPal, or Strip, is required to process the payment for your subscription. You shall provide DistroSongs with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize DistroSongs to charge all Subscriptions and/or Fees incurred through your account to any such payment instruments.


Should automatic billing fail to occur for any reason, DistroSongs will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

When earned royalties are ready for withdraw, Users will be subject to (“Other Fees”) such as the withdrawal fee imposed by Paypal®. Distrosongs has no control over the amount of such withdrawal fee collected by Paypal®. Users acknowledge and accept these “Other Fees”.

 

Free Trial


DistroSongs may, at its sole discretion, offer a Subscription and/or Fee with a free trial for a limited period of time (“Free Trial”).


You may be required to enter your billing information in order to sign up for a Free Trial.

If you do enter your billing information when signing up for a Free Trial, you will not be charged by DistroSongs until the Free Trial has expired. On the last day of Free Trial period, unless you cancel your Subscription and/or Fee, you will be automatically charged the applicable Subscription and/or Fee for the type of Subscription and/or Fee you have selected.


At any time and without notice, DistroSongs reserves the right to (i) modify Terms And Conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

 

 

LIFETIME Basis of Products and Services and Limitations

 

Unless terminated as provided for under the terms of this Agreement, DistroSongs agrees to provide Users who purchase any (“Lifetime”) products and/or services on a lifetime basis whereas the duration of (“Lifetime”) is defined as the length of time DistroSongs remains in business AND continues to offer its (“Lifetime”) products and services. As such, should DistroSongs ceases to operate OR ceases to offer its Lifetime products and services, these Lifetime products and services will terminate.

 

No refunds will be issued.

 

(“Lifetime”) products and services are not transferrable to any other entity, in any way or under any circumstances.

(“Lifetime”) products and services will terminate upon any suspicion of fraud detected by DistroSongs, DistroSongs’ partners and affiliates, and/or reported by DSP’s.

 

 

Subscription and Fee Changes


DistroSongs, in its sole discretion and at any time, may modify Subscriptions and/or Fees. Any Subscription and/or Fee change will become effective at the end of the then-current Billing Cycle.


DistroSongs will provide you with a reasonable prior notice of any change in Subscriptions and/or Fees to give you an opportunity to terminate your Subscriptions and/or Fees before such changes becomes effective.


Your continued use of Service after Subscription and/or Fee changes come into effect constitutes your agreement to pay the modified Subscription and/or Fee amount.

 

If, and when, Distrosong changes its royalty-withdraw payment gateway system, currently Paypal®, Users will acknowledge and accept any new withdrawal fees assessed by the new payment gateway vendor. Distrosongs has no control over withdrawal fees assessed any third-party payment gateway vendor.

Refunds

 

Except when required by law, and on a case-by-case basis, any and all paid Subscriptions and Fees are non-refundable.

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through our Service, including its legality, reliability, and appropriateness.

By posting any Content on or through our Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through our Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the User Account of anyone found to be infringing on a copyright.


You retain any and all of your rights to any Content you submit, post or display on or through our Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through our Service. However, by posting Content using our Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through our Service. You agree that this license includes the right for us to make your Content available to other users of our Service, who may also use your Content subject to these Terms.


DistroSongs has the right but not the obligation to monitor and edit all Content provided by users.


In addition, Content found on or through this Service are the property of DistroSongs or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 


Prohibited Uses


You may use our Service only for lawful purposes and in accordance with Terms. You agree not to use our Service:


(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

(g) To engage in revenue generation schemes involving fraudulent streaming of content.


Additionally, you agree not to:


(a) Use our Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through our Service.

(b) Use any robot, spider, or other automatic device, process, or means to access our Service for any purpose, including monitoring or copying any of the material on our Service.
(c) Use any manual process to monitor or copy any of the material on our Service or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of our Service.
(e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Service, the server on which our Service is stored, or any server, computer, or database connected to our Service.

(g) Attack our Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify Company rating.

(i) Otherwise attempt to interfere with the proper working of our Service.

 

 

Monitoring

 

DistroSongs reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If DistroSongs determines, in its sole and absolute discretion, that you or another DistroSongs user will breach a term or condition of these Terms or that such transaction or communication is inappropriate, DistroSongs may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

 

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

 

DistroSongs does not control those third parties or their services, and you agree that DistroSongs will not be liable to YOU in any way for your use of these third-party services. These third-party services may have their own terms of service. You are required to comply with any terms established by these third-party service providers. Should any terms or policies outlined by a third-party provider conflict with these Terms And Conditions, DistroSongs’ Terms shall be controlling.



Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.


For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en


We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.


Firebase: Firebase is analytics service provided by Google Inc.


You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en


For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en



No Use By Minors


Our Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of our Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of our Service.

 


Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Service.


You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.


We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

 

Intellectual Property


Our Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of DistroSongs and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DistroSongs.

 

 

Service Mark Rights

 

The logos, service marks and trade names are encompassed by (“Trademarks.”) These unregistered marks owned by DistroSongs may not be used in violation of those rights. DistroSongs does not grant any other party the right to use any of these Trademarks without written permission.

 


Copyright Policy


We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.


If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to webmaster@distrosongs.com with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”


You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.


DistroSongs is protected by both United States and foreign copyright law. Unauthorized use of content from the Site or other DistroSongs property may violate these laws and is strictly prohibited.



DMCA Notice and Procedure for Copyright Infringement Claims


You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):


(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


You can contact our Copyright Agent via email at webmaster@distrosongs.com.

 

Counter-Notification: If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with DistroSongs’ Copyright Agent. To be effective, a Counter-Notification must be a written communication provided to DistroSongs’ Copyright Agent for Notice that includes the following information:

 

(1) A physical or electronic signature of the alleged infringer;

(2) 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 access to it was disabled;

(3) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

(4) The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which DistroSongs may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

 

 

Improperly Filed Claims

 

All claims YOU bring against DistroSongs must be resolved in accordance with these Terms. All claims filed or brought contrary to these Terms shall be considered improperly filed. Should You file a claim improperly under these Terms, DistroSongs may recover attorneys’ fees and costs up to $5,000, provided that DistroSongs has notified you in writing of the improperly filed claim, and You fail to withdraw the claim.

 

 

Error Reporting And Feedback


You may provide us either directly at webmaster@distrosongs.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.


The third-party sites and tools mentioned above include the following:


Firebase Crashlytics: Firebase Crashlytics is bug reporting service provided by Google Inc.


You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en


For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

 

Links To Other Web Sites


Our Service may contain links to third party web sites or services that are not owned or controlled by DistroSongs.


DistroSongs has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.


YOU ACKNOWLEDGE AND AGREE THAT DISTROSONGS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.


WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.



Disclaimer Of Warranty


THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.


NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 


Limitation Of Liability


YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE REQUIRED TO INDEMNIFY DISTROSONGS, DISTROSONGS WILL HAVE THE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND RESOLUTION OF ANY CLAIM AT YOUR SOLE EXPENSE. YOU MAY NOT SETTLE OR OTHERWISE RESOLVE ANY CLAIM WITHOUT DISTROSONGS’ EXPRESS WRITTEN PERMISSION.

 

No Class Actions

 

YOU AND DISTROSGONS AGREE THAT YOU AND DISTROSONGS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.

 

 

Equitable Relief

 

You acknowledge that, in the event of a breach of this Agreement by DistroSongs or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against DistroSongs, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms or in the Member Agreement.

 


Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

 

If you wish to terminate your account, email your Termination Request to webmaster@distrosongs.com.

 

All provisions of Terms and Agreements which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Effect of Termination

 

If you or DistroSongs terminates your use of the Site or any DistroSongs service, DistroSongs may delete any Submissions or other materials relating to your use of the DistroSongs Site on DistroSongs’ servers or otherwise in its possession and DistroSongs will have no liability to You or any third-party for doing so.

 


Governing Law


These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.


Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.


Changes To Service


We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

 


Amendments To Terms


We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.


Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.


By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

 


Waiver And Severability


No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.


If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.



Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Communications


By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

 

 

Notice

 

All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by electronic mail.

 

If you give notice to DistroSongs, you must use the following email address: webmaster@distrosongs.com

 

If DistroSongs provides notice to you, DistroSongs will use the contact information provided by you to DistroSongs. All notices will be deemed received as follows by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

 

Any other comments, compliments, complaints or suggestions about DistroSongs, the operation of the Site or any DistroSongs service or any other matter should be sent to webmaster@distrosongs.com.

 


Miscellaneous

 

These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. These Terms will not be assignable or transferable by you without the prior written consent of DistroSongs. DistroSongs may freely assign or transfer any rights granted by you to DistroSongs under these Terms. These Terms (including all of the policies and other Agreements described in these Terms, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

 

You and DistroSongs are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. The headings used are for convenience only, do not constitute any part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

 

 

Survival

 

These Terms will survive indefinitely and until DistroSongs chooses to terminate them.


Contact Us


Please send your feedback, comments, requests for technical support via email at webmaster@distrosongs.com.