Terms

Terms and Conditions

  1. Introduction

These Terms and Conditions (“Terms”) govern the relationship between Sea Music (“Distributor,” “we,” “us,” “our”) and the users (“Artists,” “you,” “your”) regarding the distribution of musical content. By using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our services.

Sea Music provides a platform for Artists to distribute their musical content across various digital platforms. Our services include, but are not limited to, digital distribution, royalty collection, and promotional support. These Terms outline the rights and responsibilities of both the Distributor and the Artists to ensure a fair and transparent relationship.

  1. Acceptance of Terms

By using Sea Music’s services, you acknowledge and accept these Terms. We reserve the right to modify these Terms periodically. Any updates will be communicated to Artists via email or through our platform. Artists must be at least 18 years old to use Sea Music’s distribution services.

Acceptance of these Terms is a prerequisite for accessing our services. Any changes to the Terms will take effect immediately upon being posted on our platform or sent via email. It is the responsibility of the Artists to review any updates to the Terms. Continued use of our services after any modifications indicates acceptance of the new Terms. If you do not agree with the updated Terms, you must discontinue using our services.

  1. Rights and Licenses

You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and publicly display your music for the purpose of providing our services. “Publicly display” includes showcasing your tracks on our website, mobile app, and affiliated platforms. There are no limitations on where or how your music can be used by Sea Music.

This license allows us to promote your music across various digital platforms, including but not limited to streaming services, social media, and promotional campaigns. It also enables us to create derivative works, such as remixes or compilations, to enhance the visibility and reach of your music. You retain all ownership rights to your music, and this license does not transfer any ownership to Sea Music. You can revoke this license at any time by removing your music from our platform, but any prior uses will remain licensed.

  1. User Responsibilities

As a user, you represent and warrant that you have all necessary rights and permissions to distribute your music through our platform. This includes obtaining clearances for samples, cover songs, and any third-party content. You are solely responsible for any claims, disputes, or legal proceedings related to the content you provide.

You must ensure that your music does not infringe on any copyrights, trademarks, or other intellectual property rights. This includes securing permissions for any elements of your music that are not originally created by you, such as samples or cover versions. You are also responsible for providing accurate metadata and ensuring that your music complies with all applicable laws and regulations. In the event of any legal issues, you agree to indemnify and hold Sea Music harmless from any claims or damages arising from your content.

  1. Payment and Royalties

We will pay you royalties based on the revenue generated from the distribution of your music. The revenue share will be split as follows:

  • 70% of the net revenue generated from the distribution of your music will be paid to you.
  • 30% of the net revenue will be retained by us.

Specific percentage reductions and payment terms, including the schedule and method of payment, will be provided in a separate agreement. Payments will be made on a monthly basis, and you will receive a detailed statement outlining the revenue generated and the corresponding royalties. We use secure payment methods such as bank transfers or digital payment platforms to ensure timely and accurate payments. Any applicable taxes or fees will be deducted from your share of the revenue.

  1. Termination

Either party may terminate this agreement at any time with written notice. Upon termination, we will cease distribution of your music and pay any outstanding royalties owed to you.

Termination can be initiated by either party for any reason, including breach of these Terms or changes in business circumstances. Written notice must be provided at least 30 days prior to the termination date. Upon termination, we will remove your music from all distribution channels and provide a final royalty payment within 60 days. You will retain all rights to your music, and any licenses granted to us will be revoked. However, any prior distributions or uses of your music will remain licensed.

  1. Limitation of Liability

We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our service.

This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been informed of the possibility of such damages. Our total liability to you for any claims arising out of or relating to the use of our services will not exceed the amount you have paid to us for the use of our services during the twelve (12) months prior to the claim. This limitation is essential to our agreement, and we would not be able to provide our services without it.

  1. Changes to Terms

We reserve the right to modify these Terms at any time. We will always post the most current version on our website. By continuing to use our service, you agree to be bound by the updated Terms.

Any changes to these Terms will be effective immediately upon posting the updated version on our website. We will notify you of significant changes via email or through our platform. It is your responsibility to review the Terms regularly to stay informed of any updates. If you do not agree with the modified Terms, you must discontinue using our services. Your continued use of our services after any changes indicates your acceptance of the new Terms.

  1. Governing Law

These Terms will be governed by and construed in accordance with the laws of the jurisdiction where our company is registered, without regard to its conflict of law provisions.

This means that any disputes arising out of or related to these Terms or our services will be resolved under the laws of our registered jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the courts located within this jurisdiction for the resolution of any disputes. This provision ensures that both parties have a clear understanding of the legal framework governing their relationship and provides a predictable legal environment for resolving any issues that may arise.

  1. User-Generated Content

You may be able to upload, store, publish, display, and distribute information, text, photos, videos, and other content on or through our services (collectively, “User-Generated Content”). You are solely responsible for any User-Generated Content that you post or transmit via our services. You agree not to post or transmit User-Generated Content that:

  • Is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable: This includes content that could harm or offend others, violate their privacy, or incite violence or discrimination.
  • Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law: This covers content that could lead to legal issues or encourage illegal activities.
  • May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party: Ensure that your content does not violate the intellectual property rights of others, including music, images, and text.
  • Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences: Be truthful and authentic in your content, avoiding false or misleading statements.
  • Impersonates, or misrepresents your affiliation with, any person or entity: Do not pretend to be someone else or falsely claim to represent an organization.
  • Contains any unsolicited promotions, political campaigning, advertising, or solicitations: Avoid posting spam, advertisements, or political messages without permission.
  • Contains any private or personal information of a third party without such third party’s consent: Respect the privacy of others by not sharing their personal information without their explicit consent.
  • Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content: Ensure that your content is free from malware or anything that could harm the platform or other users.
  • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our services, or that may expose us or others to any harm or liability of any type: We reserve the right to remove content that we find inappropriate or harmful to the community.
  1. Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms, the parties agree to attempt to resolve any dispute through negotiation. If they are unable to reach a resolution, either party may commence mediation and/or binding arbitration. A neutral, third-party mediator and/or arbitrator will facilitate the process. This approach aims to avoid costly and time-consuming litigation and encourages amicable resolution.

The dispute resolution process begins with both parties engaging in good faith negotiations to resolve the issue. If negotiations fail, either party can initiate mediation, where a neutral mediator helps facilitate a mutually acceptable resolution. If mediation is unsuccessful, the dispute may proceed to binding arbitration, where an arbitrator’s decision is final and enforceable. This process is designed to be more efficient and less adversarial than traditional court proceedings, promoting a quicker and more amicable resolution.

  1. Termination of Accounts or Services

We reserve the right to suspend or terminate user accounts or cease providing services at any time, for any reason. The grounds for termination include, but are not limited to:

  • Violation of these Terms: Any breach of the Terms and Conditions may result in immediate termination of your account.
  • Creation of risk or possible legal exposure for us: If your actions pose a risk to our operations or legal standing, we may terminate your account.
  • Unlawful conduct by the user: Engaging in illegal activities while using our services will lead to termination.
  • Prolonged inactivity: Accounts that remain inactive for an extended period may be terminated.
  • Commercial non-viability of providing services: If it becomes commercially impractical to continue offering our services, we may terminate accounts.

Upon termination, you will lose access to your account and any content stored on our platform. We will notify you of the termination and provide reasons for the decision. Any outstanding royalties or payments owed to you will be settled according to our payment terms. Termination does not absolve you of any liabilities or obligations incurred prior to termination.

 

  1. User Privacy and Data Protection

We are committed to protecting and respecting your privacy. We will handle your personal information in accordance with these Terms and applicable laws. Rest assured that we prioritize data security and confidentiality.

We collect and process personal information only as necessary to provide our services, improve user experience, and comply with legal obligations. This includes information such as your name, contact details, payment information, and any content you upload. We implement robust security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. These measures include encryption, secure servers, and regular security audits.

Your personal information will not be shared with third parties without your explicit consent, except as required by law or to provide our services. We may share your data with trusted partners who assist us in operating our platform, conducting our business, or servicing you, provided that these partners agree to keep your information confidential.

You have the right to access, correct, or delete your personal information at any time. If you have any concerns about your privacy or data protection, please contact us, and we will address your concerns promptly. By using our services, you consent to the collection and use of your information as outlined in these Terms and our Privacy Policy.

  1. Refunds and Cancellations
  • Cancellations: You have the right to cancel your account or any services at any time. However, please note that there are no refunds for cancellations. If you cancel the service before the end of your current paid-up period, your cancellation will take effect immediately, and you will not be charged again.
  • Refunds: Payments are non-refundable, and there are no refunds or credits for partially used periods. Following any cancellation, you will continue to have access to the service until the end of your current billing period.
  • Changes to Service and Prices: Prices of all services are subject to change with 30 days’ notice from us. We will communicate such changes by posting them on our website or through our services.
  1. Content Moderation

We reserve the right (though we are not obligated) to monitor and review all content submitted to our services. At our sole discretion, we may remove or modify any content that violates these Terms or is otherwise objectionable. Our goal is to maintain a safe and respectful environment for all users.

Content moderation is essential to ensure that our platform remains a positive and secure space for everyone. We may use automated tools and manual reviews to monitor content for compliance with our Terms. This includes, but is not limited to, checking for inappropriate language, hate speech, harassment, and any content that infringes on intellectual property rights.

If we determine that any content violates these Terms or is harmful to the community, we may take actions such as removing the content, issuing warnings, or suspending user accounts. Users are encouraged to report any content they find objectionable or in violation of these Terms. We will review all reports and take appropriate action as necessary.

Our content moderation policies are designed to balance the need for free expression with the need to protect users from harmful or illegal content. While we strive to be fair and consistent in our moderation efforts, we reserve the right to make final decisions on what content is acceptable on our platform.

 

  1. Condemnation

We strongly condemn the use of our services for any unlawful activities. This includes, but is not limited to:

  • Copyright Infringement: Unauthorized distribution of copyrighted material is strictly prohibited. This includes sharing music, videos, or other copyrighted content without the necessary rights or permissions.
  • Hate Speech: We do not tolerate content that promotes violence or hatred against individuals or groups based on attributes such as race, religion, disability, age, nationality, veteran status, sexual orientation, gender, or any other characteristic associated with systemic discrimination or marginalization.
  • Harassment: Abusive behavior, threats, stalking, intimidation, or coercive actions are unacceptable. We prioritize a respectful and supportive community.
  • Promotion of Violence: Content that encourages violence or harm towards others is strictly prohibited.

Users engaging in such activities will face account suspension or termination. Additionally, we may cooperate with law enforcement authorities in investigating suspected criminal violations, which may involve disclosing user information.