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Magroove For Artists Terms and Conditions

Welcome to Magroove!
These Magroove For Artists Terms of Use govern your relationship with MAGROOVE (“Magroove”, “we”, “our”, “us”) and your use of Magroove services as an Artist, including the use of the uploading Platform (“Magroove For Artists”), the website magroove.com and any sub-domains (our “Website”, “Webapp”), our mobile and desktop apps (our "Apps") and all related players, widgets, tools, applications, data, software, APIs and other services provided by Magroove (the “Services”).
These Magroove For Artists Terms of Use, together with our general Terms of Use, Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and Magroove, in relation to your use of the Website, Apps and Services (together, the “Platform”).
1. Acceptance of the Magroove For Artists Terms of Use
1.1. Please read these Terms of Use very carefully. If you do not agree to any of the provisions set out in this document, you should not upload Content to the Website, Apps or any of the Services. By using Magroove For Artists and by uploading Content to the Platform, you represent and warrant that you have read and understood these Terms of Use, will abide by them, and that you are above the age of majority and fully capable, or otherwise duly assisted or represented, according to the laws of your jurisdiction.
2. Description of Magroove For Artists
2.1. The Platform is a hosting service. Registered Artists of the Platform may submit, upload and post audio, as well as related content, data or information (the “Content”), which will be stored by Magroove at the direction of such registered Artists, and may be shared and distributed by such registered Artists and other users of the Platform, using the tools and features of the Platform.
3. Changes to Magroove For Artists Terms of Use
3.1. We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of this document. It is your responsibility to check this page from time to time for updates.
3.2. When we make any updates to these Terms of Use, we will highlight this fact on the Website. In addition, if you register an Artist account and these Terms of Use are subsequently changed in any material respect, we will notify you in advance by sending a message to your Magroove account and/or an email to the email address that you have provided us, and the revised Magroove For Artists Terms of Use will become effective 1 (one) week after such notification. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such 1 (one) week period, your continued use of the Platform will constitute your acceptance of the revised Magroove For Artists Terms of Use.
4. Your Magroove For Artists account
4.1. You are obliged to register using either a Facebook or Google+ account. (your “Credentials”). You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.
4.2. You are solely responsible for maintaining the confidentiality and security of your Credentials used for login, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized or operated by you.
4.3. If your lost access to your Credentials, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us through support@magroove.com and should change your password at the earliest possible opportunity. We will not recover any data and/or transfer it to another account in case of Credential loss.
4.4. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Magroove For Artists Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
4.5. You may terminate your account at any time as described in the Termination section below.
5. Your use of Magroove For Artists
5.1. Subject to your strict compliance with these Magroove For Artists Terms of Use and our general Terms of Use, at any and all times during your use of the Platform, Magroove grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use the Magroove For Artists Platform in order to upload Content to be streamed in our Website and Apps as well as to use Apps and other Services provided by Magroove as part of Magroove For Artists, strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services.
5.2. The above rights are conditional upon your strict compliance with these Magroove For Artists Terms of Use, as well as our general Terms of Use, at any and all times during your use of the Platform.
5.3. You acknowledge and agree that Magroove has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the terms and conditions of these Magroove For Artists Terms of Use or of our general Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.
6. Your content
6.1. Any and all Content, including audio files, text, pictures, and other relevant data or information that you upload to Magroove For Artists ("Your Content") is generated, owned and controlled solely by you, and not by Magroove.
6.2. Magroove does not claim any ownership rights on Your Content, and you hereby expressly acknowledge and agree that Your Content remains of your sole responsibility.
6.3. You must not upload any Content to which you do not hold the relevant rights. Any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Termination section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder. If you are not sure you hold the relevant rights over the Content, please read the checklist available at artists.magroove.com for further information.
7. Grant of licenses
7.1. By uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct Magroove to store Your Content on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for Magroove to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use, including the distribution of advertising or other promotional material on our Platform and/or to enable your use of the Platform, you hereby grant such licenses to Magroove on a worldwide, non-exclusive, royalty-free and fully paid basis.
7.2. By uploading Your Content to the Platform, you also grant a worldwide, non-exclusive license to any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, repost, transmit or otherwise distribute, publicly display, publicly perform, compile, make available and otherwise communicate Your Content to the public, utilizing the features of the Platform from time to time. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks.
7.3. The licenses referred to in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any other relevant data or information within your account, will automatically terminate when you remove such Content from your account, resulting in its deletion from Magroove’s systems and servers.
7.4. Notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Magroove is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.
8. Magroove+
8.1. Magroove+ is a music aggregation service provided by Magroove in order to upload your Content to Digital Service Providers (“DSPs”; Streaming Services and Online Music). Should you choose to use Magroove+ aggregation service, when filling out the Upload form available on our website, Magroove will be responsible for all necessary measures in order to upload your Content to DSPs, including, without limitation, Spotify, Deezer, Apple Music (For the full list, please access artists.magroove.com). Otherwise, you can upload Content to the Platform alone without using Magroove+.
8.2. You will not be charged in respect to any costs or expenses related to the Upload of Your Content, whether or not you choose to use Magroove+ aggregation service. However, if you choose to use Magroove+, we will be responsible for collecting all royalties from downloads, streaming, and any other royalties related to Your Content uploaded through Magroove+ (the “Net Income”), and we will pay you 100% of the Net Income, keeping only the first USD 5.00 (five american dollars) generated by each release per year. Artists are allowed to retrieve their share on the Net Income after it has reached a minimum threshold of USD 50.00 (fifty american dollars).
8.3. If you choose to use Magroove+ aggregation service, you also have the option to let allow Your Content to be uploaded to Magroove’s YouTube channel if uploading and having the tickbox clicked (the tickbox you must accept states you want Magroove to spread your music (Your Content) in Magroove’s YouTube channel). By doing so, you grant us a worldwide, non-exclusive, royalty-free and fully paid license to post Your Content, including, without limitation, the rights to use, repost, monetize, transmit or otherwise distribute, publicly display, publicly perform, compile, make available and otherwise communicate Your Content to the public utilizing Magroove’s YouTube channel. In this case, we will be responsible for collecting all income arising from the monetization of Your Content on Magroove’s YouTube channel, which will be accounted for as part of the abovementioned Net Income.
8.4. In order to receive any and all payments from Magroove in regards to your percentage of the Net Income, you are required to have a PayPal account, located at www.paypal.com, and to provide Magroove with the email address associated with your PayPal Account. If you cannot obtain a PayPal Account or access to your PayPal account is lost, terminated, or otherwise revoked by PayPal, Magroove will hold any and all Net Income that has accrued for up to one year from the date that each payment was to be rendered or attempted to be rendered in accordance with Magroove's reporting and payment schedule.
8.5. To the extent necessary for Magroove to upload and promote the distribution of Your Contect to DSPs, Magroove’s YouTube channel and any other Third Party Services, including, without limitation, digital retailers and digital entertainment services, you hereby grant Magroove, on a worldwide, non-exclusive, royalty-free and fully paid basis, the right and authorization to distribute, license, stream, transmit, promote, and otherwise exploit such Content and any and all rights related to the Content and to the respective sound recording(s). In order for you to receive any and all payments in regards to your percentage of the Net Income, as described in these Terms of Use, you also grant Magroove the right and authorization to collect all income arising from the exploitation of Your Content.
9. Representations and warranties regarding Content
9.1. You hereby represent and warrant to Magroove that:
(i) You are the owner, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, of Your Content, and each and every part thereof, and that you to authorize Magroove to use Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Platform, any and all Services and any Linked Services;
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information;
(iii) Your Content, including any comments that you may post on the Website, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation;
(iv) Your Content does not and will not create any liability on the part of Magroove, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
9.2. Magroove reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
10. Liability for content
10.1. You hereby acknowledge and agree that Magroove: (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content.
10.2. You hereby acknowledge and agree that Magroove cannot and does not review the Content created or uploaded by its users, and neither Magroove nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders have any obligation to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.
10.3. You are solely responsible for all of Your Content. Magroove and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Magroove or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
11. Blocking and removal of content
11.1. Notwithstanding the fact that Magroove has no legal obligation to monitor the content on the Platform, we reserve the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including, without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Magroove For Artists Terms of Use, our general Terms of Use, the applicable law, or is otherwise unacceptable to Magroove.
11.2. Please also note that individual Uploaders have control over the audio content that they store in their account from time to time, and may remove any or all audio content or other content without notice. You have no right of continued access to any particular item of content and Magroove shall have no liability in the event that you are unable to access an item of content due to its removal from the Platform, whether by Magroove or the relevant uploader.
12. Limitation of Liability
12.1. Magroove and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for any loss or damage arising out of:
(a) Any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the platform, or any action taken as part of an investigation by magroove or any relevant law enforcement authority regarding your use of the platform; and
(b) Any of the events set forth in the limitation of liability section of our general terms of use. please read it carefully.
12.2. Any claim or cause of action arising out of or related to your use of the platform must be notified to magroove as soon as possible.
13. Indemnification
13.1. You hereby agree to indemnify, defend and hold harmless Magroove, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content.
14. Termination
14.1. You may terminate this Agreement, at any time, by removing all of Your Content from your account, when applicable, deleting your account, by emailing us at legal@magroove.com, and thereafter ceasing to use the Platform.
14.2. Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account, will be irretrievably deleted by Magroove, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or backup any material that you have uploaded to your account before terminating your account, as Magroove assumes no liability for any material that is irretrievably deleted following any termination of your account.
14.3. The provisions of these Magroove For Artists Terms of Use shall survive the termination or cancellation of this Agreement.
15. Assignment to third parties
15.1. Magroove may assign its rights and, when permitted by law, its obligations under this Agreement, in whole or in part, to any third party and at any time, without notice, including, without limitation, to any person or entity acquiring all or substantially all of the assets or business of Magroove. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Magroove.
16. Severability
16.1. Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
17. Entire agreement
17.1. These Magroove For Artists Terms of Use, together with our general Terms of Use and Privacy Policy, constitute the entire agreement between you and Magroove with respect to your use of the Platform, and supersede any prior agreement between you and Magroove. Any modifications to this Agreement must be made in writing.
18. Applicable law and jurisdiction
18.1. This Agreement is subject to the laws of the Federative Republic of Brazil, and the Parties hereby agree to submit to the exclusive jurisdiction of the courts in the city of São Paulo, state of São Paulo, Brazil, for resolution of any dispute, action or proceeding arising in connection with this Agreement.