MusicDiffusion provides since 2018 an online and automated platform permitting anyone to protect and distribute their music on all social networks, music stores and digital services worldwide while protecting their rights and collect their issued royalties. We also provides many exclusive services like the first collaborative social network for the music creators community as many tools helping to propel and promote any music career.
Thank you for choosing MusicDiffusion. Please read this terms bellow carefully as well as the different terms and contracts you must agreed during your registration to our services, our Política de privacidad y Anti-Fraud Policy (collectively named as the “Terms of Service”). These Terms of Service form a legal agreement between you (the « User », « You ») and MusicDiffusion (« MusicDiffusion », « MusicDiffusion.com », the « Company », the « Platform », « Us », « Our », « Service » or « Website »), a division from Most Wanted Music SARL, a French based company with French registration number B 527 824 40. All users of the Website (including, without limitation, you) shall be considered as « Users » hereunder. By using MusicDiffusion.com (including, without limitation, our Music Distribution Services, our Artist Services, our Social Network, our Applications, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, and to comply with all applicable laws and regulations.
IF YOU DO NOT AGREE TO THESE TERMS, DO NO USE THE WEBSITE.
2. Website General Terms & Conditions
You may not resell or claim intellectual or exclusive ownership to any of MusicDiffusion services or products, modified or unmodified. All services and products are property of Company. You may not reproduce the Platform, in whole or in part, for any purposes. You may not copy and/or distribute the Platform, in whole or in part, by any manner.
2.2 Services & Products Delivery
After we have successfully received your payment, your service and/or product informations will be emailed to the mail address you provided during your order.
This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this time period, please contact our customer service at [email protected]. If their is required delays for the delivery of our services, those would be directly notice on our service/products webpages or during the processing of your order.
Our services and products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our services or products.
MusicDiffusion reserves the right to change its individual services and product prices at any time without prior notice.
MusicDiffusion aims to offer the highest level of customer support. In case of any issue or question with your order please contact our customer service on this contact form or directly at [email protected]. We generally answer under 24/48h. You can also contact us by live chat and check out our help center that answer the most common questions about our services.
2.6. Refund Policy
Our services and products are non-tangible irrevocable, digital services and goods, therefore we always do grant refunds for a good faith request (a refund request made cause you can’t provide any license or proof of ownership in case our systems detect a copyright material during your music distribution process won’t be considerate as a good faith request, but as a violation of our anti-fraud terms). Any refund request have to be done before you benefit from the service purchased and/or before the delivery of the service. Refund will be done as a chargeback on your credit card or as a voucher code. In case your credit card have been used on MusicDiffusion without your authorization, please contact us immediately on this contact form or at [email protected]. More generally, if you are facing an issue with our services, our support team will always try to help you and to find the best solution to make you happy, so don’t hesitate to contact us!
3. Music Distribution Terms
Our digital music distribution terms and contract between You and Company are to be approved when creating an account on our music distribution dashboard (https://dashboard.musicdiffusion.com). They can be find next in the « Contract » tab under your account settings. Please read those terms carefully. For a better transparency purpose, and before signing up to our distribution services, find bellow some essential key points, but not exhaustive, of our music distribution terms which are fully part of our Term of Services:
3.1 Duration and Termination
The duration of our contractual relationship is initially undermined. It shall begin when registering to our Music Distribution platform/dashboard and upon the explicit acceptation of our Terms of Service, and You or Us may elect to terminate the Service at any time by providing notice, in accordance with our Terms, of thirty (30) days from the termination date.
3.2 What you can do and what you can’t do
By registering and uploading content on Company music distribution platform, You assume and undertake, essentially, the following obligations:
You shall use the Platform diligently and upload information and content whose rights belong to You or for which You are authorized by the rights holder.
You can only upload content to the Platform for which You are the owner or have the rightsholders’ permission in writing, and cannot upload any content whose rights are held by third parties. We may ask you to facilitate to Us all documents, contracts and registration certificates necessary to confirm that you own the rights of Your Content and reserve the right to ask you not to upload content from a specific author or producer, or We may also remove any of the content uploaded by You to the Platform for which We don’t have the legal conviction that it belongs to You.
You shall provide all the necessary information to use the Service, which We will request during the use of the Service.
You shall not perform illegal activities through the Platform or the Services, and/or actions that could harm or damage any party, including Us.
You undertake to use diligently the Platform and, therefore, undertake:
- not to use the Platform to upload content not owned by You or for which You do not have an explicit license to commercially exploit;
- not to assign, sell, resell, rent, lease, lend, sublicense, outsource or otherwise transfer the Platform and/or the Service and/or any User account to any third party, or authorize or appoint any third party to do so;
- not to use the service to commit fraudulent conduct (without limitation: fake streams, bots, fake copyright claims…);
- not to create several accounts without Company prior consent;
- not to use VPN in order to hide your real localisation and real identity;
3.3 Grant Of Right
When you upload any content to our services like our music distribution platform/dashboard, you are recognizing the following:
- that We are authorized to administrate, directly or through third parties, the content uploaded by You (including the recordings, videos, compositions, artwork, etc.) through the Digital Music Services selected by You, in the entire world and during the duration of our relationship according the Terms you have to approve by sign up to the platform;
- that You own and/or control all rights in and to the content uploaded by You and/or have the full right and ability to upload the content uploaded by You and exploit it in the terms described in the Terms/Contract you agreed by subscribing to our music distribution platform;
- that the content uploaded by You does not infringe the copyrights or any other right, of any third party.
- You expressly and irrevocably authorize Us to collect all incomes from the exploitation of the content uploaded by You through the Platform.
Fraud in all its form is wrong and strictly prohibited on MusicDiffusion. In order to keep safe our artists and music labels community, our priority number one is to comply all our partner guidelines and to avoid fraud in all its forms. We work very hard and invest extensive ressources to avoid automated and fraudulent behaviors. For this reason, we created a specific Anti-Fraud Policy, that is available on this page. When you accept our Terms of Service, you also acknowledge and accept our Anti-Fraud Policy and, therefore, You accept that, among other commitments, You will not, and will not authorize any third party to, directly or indirectly, generate automated, fraudulent, or otherwise invalid playback actions, especially in Digital Music Services.
Particularly, but non-exclusively, we will categorize as Fraud the following activities:
- The unauthorized exploitation of material protected by Copyright (Copyright Infringement).
- The infringement of any Law that regulates the ownership of legal right holders.
- The use of (misleading) artist, band or label names or artwork which may create confusion or false expectations related to content which is served to consumers throughout our Service (i.e., Musical Spam and Misleading Content).
- The use of automated digital bots or other means to “click” on payment-generating links pretending to be consumers (i.e., Click Fraud), producing unnatural and fraudulent incomes.
- The use of manual or automated resources, bots or any other means with the intention to stream and monetize content in violation with our partners terms and conditions.
- The use of manual or automated resources, bots or any other means to unlawfully monetize content through MusicDiffusion.
3.5 Royalties Share & Payout
With MusicDiffusion you keep 100% of your rights on your music and you collect from 80% up to 100% of the generated royalties depending your chosen plan (find our music distribution pricing plans on this page). In the case MusicDiffusion reasonably believe or suspect a fraudulent conduct in violation of these Terms of services in your account (according 3.4), you agree that withdrawals could be suspended until a full investigation from our fraud team is done on your account. You can find more informations concerning our royalties payout process into our help center.
3.6 Blocked Account Policy
You agree that Company can suspend, block and/or terminate your account in its sole discretion, without prior notice, for any reason and at any time, if we reasonably believed that You have violated our terms, are involved in fraudulent activities, or You failed to prove indisputably your ownership on the material uploaded through our services.
This will have the following implications:
- We may discontinue the contractual relationship with You.
- Your music catalog can be taken down from all or selected digital stores and services, or remain online until a legal proof or report of infringement is constitute by a tierce party.
- Blocked Accounts will not be able to access the platform and, therefore, enjoy our services and to access to your music catalog in case You failed to prove indisputably your ownership on it.
- Royalties that have been generated by an User account that we reasonably believe has operated fraudulent conduct or in violation of our terms will have to be considered as irremediably and definitively lost by the User.
- Legitimate royalties can be kept in escrow for a minimum of 24 months, and up to 5 years, in accordance with our partners policies, or until the dispute between claimant and claimed parties is solved.
- In a context of a dispute, the disputing parties shall inform us about the result of the dispute, so we can determine what amounts should be returned to them, including incurred expenses or economic claims, penalties or compensations determined by Law. Once this process has concluded, and the escrow period has passed, any remaining funds will be released to be transferred to the User (if claimed).
4. Política de privacidad
Please review our Privacy here.
5. Miscellaneous Provisions
(a) MusicDiffusion may at its sole discretion and at any time, modify or interrupt all or part of the MusicDiffusion Services and/or the Website or the Applications.MusicDiffusion.com reserves the right to change or modify this current Terms of Service and Conditions with no prior notice. Last modification: 23th July 2022.
(c) If any provision of these Terms of Service is found invalid or inapplicable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in force.
(d) If MusicDiffusion does not avail itself at a given time of provisions of these Terms of Service cannot be interpreted like being worth renunciation to prevail itself later on of the aforesaid conditions.
(e) Confidentiality: In the event We provide any kind of information to you (including but not limited to statistics, marketing materials, notifications, mails, support, etc.) You agree to treat such information as confidential and in no event shall be utilized (for its benefits or for third parties), disclosed, transmitted to third parties or made public in any way by You without our prior written agreement. You accept that public communication of any materials above, or screenshot from our services that are the protected under copyrights can conduct to the suspension of your account and the termination of our contract without prior notice.
(f) Law and Juridiction: These terms are subject to French laws and Créteil (Francia) courts. The language to be used in the arbitral proceedings shall be French. In the event of a dispute in the application of these Terms of Service, the User will first contact MusicDiffusion with a formal notice of dispute to negotiate in good faith and to settle the dispute to mutual satisfaction before the competent courts.