MusicDiffusion is the first and only 360° platform dedicated to musicians, artists and labels around the world.
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.
1. Introduction
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 »), operated by the company MWM, under the 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.
The use of the website implies full agreement with the following terms of service. If you do not agree with these terms of service, please refrain from using this website.
2. Website General Terms & Conditions
2.1 Ownership
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 with the provided contact form or directly via [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.
2.3. Warranty
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.
2.4. Prices
Our prices are advertised and listed on our website excluding taxes. Taxes are automatically calculated in our cart and checkout systems based on your situation (country, currency, etc.). Additional costs may also apply, such as currency conversion fees or manual setup fees, and these costs will always be fully detailed before any payment is made. The company reserves the right to change the prices of its individual services and products at any time without prior notice, without affecting any orders placed before.
2.5. Support & Premium Support
At MusicDiffusion, we are committed to delivering top-notch customer support. If you encounter any issues or have questions about your order, please reach out to our customer service using the provided contact form or directly via [email protected]. We typically aim to respond within 24 a 48 hours. Además, you can access our live chat and explore our help center, which addresses common queries regarding our services.
When it comes to our Music Distribution services, MusicDiffusion operates as a DIY platform. Our support team is here to assist you through email and provide you with the relevant documentation, notably from our Help Center, to address any issues you might encounter. If you require more extensive assistance, such as direct account interventions or phone support (e.g., metadata completion or platform submissions), this may trigger a shift to our Premium Support service, incurring an additional 20% commission on your account.
We want to emphasize that we have a zero-tolerance policy for harassment and disrespect in interactions with our teams. This includes, but is not limited to, insults, threats, and blackmail. Such behavior may result in the suspension of your user account, termination of all communication, and potential legal actions.
2.6. Refund Policy
Our services and products are non-tangible irrevocable, digital services and goods. But sometimes, you just need a refund and we will always be happy to grant refunds for a good faith request. Any refund request has to be done before you benefit from the service purchased and/or before the delivery of the service and in the 14 days after your purchase according the laws applicate to us. Refund will be done as a chargeback on your credit card or as a voucher code. A refund request made due of a violation of our terms, for example if you make (without limitation) a refund request after you have been informed that our systems detected a copyright material during your music distribution process or after our teams request you a licence, this can’t and won’t be considerate as a good faith request, but as a major violation of these Terms of service. In case your credit card have been used on MusicDiffusion without your authorization, please contact us immediately on the provided contact form or directly via [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 have to be approved when creating a music distribution account (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 Album Upload & Delivery
When you create a music distribution account, it will be automatically set up with our Standard Plan (Check out our different plans & pricing).
To take advantage of our Free Plan for distributing your music on social media, please complete the album upload and contact our Support Team through our contact form or directly via [email protected]. Don’t forget to provide the link from your dashboard to your album so our support team can proceed with the delivery for free.
To access our Platinum Plan (Distribución Ilimitado De Música), please purchase the option here. Once you’ve placed the order, our team will make the necessary adjustments to your music distribution account and notify you by email within 24 hours at most.
For any albums on your account that haven’t been fully submitted for distribution within 14 días, and to avoid any hosting server costs, our team reserves the right to either delete them or proceed with distribution, deducting the delivery cost (€2.99 per track according our Standard Plan if you’re not a Platinum member) from your pending or upcoming royalties. If our team proceeds with the distribution of a pending album after 14 días, this may also be considered a Premium Support action with implications as mentioned in Section 2.5, Support & Premium Support.
3.2 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.
3.3 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 to:
- not provide fake informations concerning your identity;
- not create several accounts without Company prior consent;
- not use the Platform to upload content not owned by You or for which You do not have an explicit license to commercially exploit;
- not 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 use the service to commit fraudulent conduct (without limitation: fake streams, bots, fake copyright claims…);
- not use VPN in order to hide your real localisation and real identity;
In general, any behavior in order to generate fraudulent incomes from our partners (social networks, digital stores, music platforms and services) and detailed in Section 3.5 – Anti-Fraud, will result to the blocking and termination of your account without prior notice, with the implications detailed in Section 3.7 – Block Account Policy.
3.4 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 of 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;
3.5 Anti-Fraud
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, with a strike system 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 manipulated and 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). You need to be able, at any time, to fully justify under five (5) days the complete paternity of any material uploaded on our platform (including samples that you may use).
- 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 upload of distorted music, silenced songs, or with any other deceptive features, also to generate revenues and other unauthorized activities which are in breach with the Terms of Use and/or the agreements we have with our partners.
- The use of suspicious playlists curated and/or owned by you in the sole intention to promote your tracks and generate fraudulent royalties.
- 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.
You agree that any of these previous infringements can lead to the definitive suspension of your account with no prior notice (Section 3.7 – Blocked Account Policy).
For each violation (anti-fraud) notification or strike that you do not respond to within the specified timeframe (typically 3 or 5 días, depending on the severity), and which would not result in the permanent suspension of your account, an additional 20% royalty commission may be applied to your account for a 24-month period before returning to the normal royalty share rate of your plan.
3.6 Royalties Share & Payout
With MusicDiffusion, you retain 100% of your rights to your music, and you can collect royalties ranging from 70% a 100%, depending on your chosen plan (find our music distribution plans on this page). In the event that MusicDiffusion reasonably believes or suspects fraudulent conduct or a violation of these Terms of Service within your account (Section 3.4 – What You Can Do and What You Can’t Do, Section 3.5 – Anti-Fraud), or if you receive a notification of a violation strike on your account, you agree that withdrawals may be suspended until a full investigation by our anti-fraud team is conducted on your account. For your first payout, the Company may request additional documents to confirm your identity or the existence of your company, in accordance with KYC (Know Your Customer) standards, in order to combat money laundering and illegal financing. More information about our royalty payout process can be found in our help center.
3.7 Blocked Account Policy
By accepting these terms, you consent to the Company’s ability to temporary or definitely suspend, block, and/or terminate your account at its sole discretion, without prior notice, for any reason and at any time, if we reasonably believe that you have violated our terms, engaged in fraudulent activities, or failed to indisputably prove your ownership of the material uploaded through our services.
This will result in the following consequences:
- 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 access the music catalog involved in suspicious activities and/or in case You failed to prove indisputably your ownership on it.
- Royalties that have been generated by a 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.
- In the context of a dispute or suspicion of fraud, royalties may be held in escrow for a period ranging from 24 months to up to 5 years, in accordance with our partners’ policies and/or applicable laws governing our company, or until the dispute between a claimant and claimed parties is resolved.
- 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 claiming and remaining funds will be released to be transferred to the User.
3.8 Album Takedown
With MusicDiffusion, the removal of albums distributed on partner digital platforms is a paid service, priced at €14.99 per album, with the possibility of deducting these fees from your royalties. All removal requests must be notified via email to our support team at [email protected]. The company reserves the right to offer album removal upon good-faith requests, especially if your album has been licensed with a third-party label. However, the company also reserves the right to decline removal requests in the case of a blocked account and/or an account suspected of fraud (Section 3.2 – What You Can Do and What You Can’t Do, Section 3.5 – Anti-Fraud, Section 3.7 Blocked Account Policy), in order to preserve any evidence in the event of legal proceedings being considered.
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 its Websites and/or Services and/or Applications.
(b) We may amend these Terms of Service, the Anti-Fraud Policy, the Privacy Policy or any other legal document from time to time and without prior notice, in which case the new terms will supersede prior versions.
(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: any information provided to you (including but not limited to your dashboard, statistics, marketing materials, notifications, mails, support, etc.) is strictly confidential. You agree to treat such informations as confidential and to not utilize, disclose, transmit to third parties or make them 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 protected under copyrights law 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 courts (Francia). 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.