Our platform enables artists, labels, and managers to reach music fans worldwide by distributing their music to major streaming services and digital stores.
© Copyright 2024 Produbeats Music - All Rights Reserved
These Terms of Service ("Terms") constitute a binding agreement between you ("User" or "you") and Produbeats Music, LLC ("Produbeats Music", "us", or "we"). These Terms govern your access to and use of the Produbeats Music website (the "Website"). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Website.
DIGITAL MUSIC DISTRIBUTION SERVICES
Produbeats Music offers digital music distribution services. To obtain our distribution services, you must submit your content for review by our team. If your content is approved, we will provide you with a digital distribution agreement. There are no upfront fees associated with entering into a distribution agreement with Produbeats Music.
CANCELLATION POLICY
You may cancel your distribution agreement at any time by submitting a written request to Produbeats Music.
We reserve the right to cancel your distribution agreement for any reason, including, but not limited to, fraud, inaccuracies in your submitted content, ownership or licensing issues, or unavailability of requested services.
REFUND POLICY
Produbeats Music does not offer refunds for its services.
THE WEBSITE AND SERVICES PROVIDED BY PRODUBEATS MUSIC ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PRODUBEATS MUSIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY. PRODUBEATS MUSIC DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOUR RESPONSIBILITES
• You are only eligible to maintain a Produbeats Music account if you have a valid distribution agreement with us.
• You must be at least 18 years old to use the Website.
• You are responsible for maintaining the accuracy, completeness, and confidentiality of your account information.
• You are responsible for all activity that occurs under your account.
• Produbeats Music may suspend or terminate your account for any violation of these Terms.
• You may terminate your account by contacting Produbeats Music.
BACKUPS
Produbeats Music performs regular backups of the Website for its own administrative purposes. These backups are not guaranteed and are not intended for user data recovery. You are solely responsible for maintaining your own backups of your data.
Data, Information, or Material
You retain all ownership rights to the data, information, or material ("Content") that you submit to the Website. You are solely responsible for the accuracy, legality, and reliability of your Content.
Produbeats Music reserves the right to monitor and review your Content, but assumes no obligation to do so. We may remove any Content that, in our sole discretion, violates our policies or is otherwise harmful or objectionable.
By submitting Content to the Website, you grant Produbeats Music a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, modify, publish, distribute, and display your Content for commercial, marketing, or similar purposes.
ACCEPTABLE USE
You agree to use the Website only for lawful purposes and in accordance with these Terms. Prohibited uses of the Website include, but are not limited to:
• Violating any applicable law or regulation
• Harassing, abusing, or invading the privacy of others
• Discriminating against others
• Posting obscene or offensive content
• Exploiting or abusing children
• Infringing on the intellectual property rights of others
• Spamming or commercially soliciting others without permission
• Disrupting the operation of the Website or interfering with other users' enjoyment of the Website
TERMINATIONS
Produbeats Music may terminate your access to and use of the Website for any violation of these Terms.
IN NO EVENT SHALL PRODUBEATS MUSIC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF PRODUBEATS MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF PRODUBEATS MUSIC DISTRIBUTION. THE AGGREGATE LIABILITY OF PRODUBEATS MUSIC ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY PRODUBEATS MUSIC BY YOU.
LINKS TO THIRD-PARTY WEBSITES
The Website may contain links to third-party websites. These links are provided for your convenience only and do not constitute an endorsement by Produbeats Music of the content on such websites. Produbeats Music is not responsible for the content of any linked website.
INTELLECTUAL PROPERTY PROTECTION AND DMCA TAKEDOWN PROCEDURES (PRODUBEATS MUSIC)
Produbeats Music is committed to upholding the intellectual property rights of both itself and third-party creators. This section outlines the protections afforded to our creative content and the procedures for reporting suspected copyright infringement on the Produbeats Music website.
OWNERSHIP OF WEBSITE CONTENT
All content on the Produbeats Music website, encompassing text, graphics, logos, images, musical compositions, and software, is safeguarded by copyright law. This content is either the exclusive property of Produbeats Music, LLC or licensed from third-party rights holders. All rights are reserved.
If you hold a good faith belief that material appearing on the Produbeats Music website infringes upon your copyright, trademark, or other intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To ensure efficient processing of your claim, please adhere to the following procedures:
• Subject Line: Clearly mark your email with "Copyright Infringement" in the subject line.
• Authorized Signature: Include a digital or physical signature from a person authorized to act on behalf of the intellectual property rights owner.
• Identification of Infringed Work: Clearly identify the copyrighted work you believe has been infringed. This should include a description of the work and, if applicable, the produbeats.com where the work can be found on the Produbeats Music website.
• Contact Information: Provide your contact details, including your full name, email address, phone number, and mailing address.
• Good Faith Belief Statement: Include a statement asserting your good faith belief that the disputed use of the copyrighted material is unauthorized by the copyright owner, its agent, or the law.
• Accuracy Statement: Include a statement, made under penalty of perjury, confirming the accuracy of the information provided in your notification and that you are authorized to act on behalf of the owner of the infringed copyright right.
SUBMIT YOUR DMCA NOTIFICATION TO:
dmca@produbeats.com
Please note: Incomplete notifications will not be processed. Filing a false claim of copyright infringement may subject you to liability for damages, including attorneys’ fees. We recommend consulting with legal counsel before submitting a DMCA notification.
UPDATES TO INTELLECTUAL PROPERTY POLICY
Produbeats Music reserves the right to modify this policy at any time without prior notice. Your continued use of the Produbeats Music website following any modifications constitutes your acceptance of the revised policy.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service are governed by the laws of the State of Florida, United States of America. Any disputes arising out of or relating to these Terms of Service will be settled in the state and federal courts located in Miami-Dade County, Florida, and you agree to the personal jurisdiction of those courts.
These Terms shall be governed and construed in accordance with the laws of the state of District Of Columbia, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Produbeats Music's failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. 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 you and Produbeats Music regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
The exclusive jurisdiction and venue for actions related to any controversy or claim arising out of or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be the courts located in Miami / Dade County, District Of Columbia, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
YOU AND PRODUBEATS MUSIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Produbeats Music reserves the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
MODIFICATIONS AND UPDATES
Produbeats Music maintains the authority to revise these Terms of Service, along with its stipulations associated with the Website and Services, at any moment without prior notice. These changes become effective once an updated version of these Terms of Service is posted on the Website. The date at the bottom of this page will be updated to indicate when the modifications were implemented. Your continued usage of the Website and Services following any such amendments signifies your acceptance of these changes.
While we hope you continue to grow and earn as an artist or label with Produbeats Music, you may choose to cease distribution of specific Masters or terminate your account altogether. Produbeats Music reserves the right to remove Masters, Intellectual Property, or other User Content, or to terminate its Distribution Services with respect to your account at any time, at its sole discretion. Produbeats Music will collect and pay you all Net Sums in accordance with the Terms prior to the end of the Distribution Term.
Termination and deletion of your account will result in the forfeiture of any access to Produbeats Music's Services and any Net Sums based on Gross Digital Royalties received in connection with your Masters after the Distribution Term.
If you haven't yet distributed any Masters using our Distribution Services and are a LABEL artist, we can only delete your account. If you have distributed Masters or are a ARTIST artist, you can remove your Masters and delete your account by contacting Produbeats Music's support.
You must provide Produbeats Music with at least sixty (60) days' notice to remove your Masters and delete your account. However, Produbeats Music may (but is not required to) remove your Masters and delete your account at any time before the expiration of the notice period.
Upon receiving notice of or initiating termination of the Distribution Services, Produbeats Music will [i] use reasonable efforts to remove your Masters and User Content, understanding that such removal may be out of Produbeats Music's control and may or may not take longer, and that Produbeats Music is not liable for the failure of a third-party platform to remove the User Content; [ii] retain any subscription fee paid by you to date; [iii] delete any User Content otherwise in its possession, with no liability to you or any third party for doing so; and [iv] have no additional obligation to you except for payment of any Net Sums earned prior to the date upon which the User Content has been removed.
Notwithstanding termination in accordance with this section, all provisions of the Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Questions
If you have any questions about our Terms of Service, click here to contact us
Our platform enables artists, labels, and managers to reach music fans worldwide by distributing their music to major streaming services and digital stores.
© Copyright 2024 Produbeats Music - All Rights Reserved