Revision 1.2 - May 2018
This document details the terms and conditions of service applied to the use of both the RockTome web application at http://www.rocktome.com and it's associated services.
It is intended as a formal agreement between the owners and operators of Rocktome.com (referred to as us, we, or the service)
and the content provider, artist, label or artists you represent (referred to as you or the user)
. References to the site refer to the web
application available at rocktome.com, and references to content refer to music, video or static media provided by the user. By using using the
site or any associated services you agree to be bound by these terms.
a) In order to provide this service, RockTome collects and retains a copy of your name, e-mail and payment e-mail address. We use this information solely for the purpose of providing our service for you and your personal data is never shared with any third parties.
b) You can request an export of all of the data we have on record for you by contacting firstname.lastname@example.org
c) In addition to the personal data detailed above, we also collect details of the artists and labels you wish to publish with us and retain copies of your sales and trend statistics.
d) Upon account deletion, all of your personal data
is purged from our database and cannot be recovered.
a) You grant us the non-exclusive right to distribute the content you provide to the platforms and services of your choosing. You will be able to select the platforms you wish to make your content available through and indicate the recommended price you wish to make it available for, and retain the right to revise these choices at any time. You acknowledge however that any changes to content which has been already been published may take us time to execute on your behalf.
b) You grant us the right to feature your artist and / or label details and portions of the content you provide on the site and in any promotional material for the purpose of promoting both your work and the service itself. For music or video content you have chosen to sell, we will ask for written confirmation in the event of requiring clips greater than 10 seconds, which you retain the right to deny.
c) You grant us the right to store copies of the content you provide and to transcode these copies into other formats when required.
d) By uploading content to the site and using the service, you confirm that you are the content owner and have the distribution rights to said content including all samples, artwork and associated media
and are able to extend those rights accordingly. You will be required to provide proof of this upon request and in the event of a successful claim made against you, you will be fully liable for all costs and losses incurred by both the claimaint and RockTome.
a) You may cancel this agreement at any time by closing your account on the site. You acknowledge that in doing so, it may take time to withdraw your content from our distribution partners and we may retain copies of your content for the express purpose of continuing to allow access to users who have already purchased it. You retain the right to overrule this by issuing a request in writing.
b) Rocktome reserves the right to suspend or terminate your account or access to it's site or services at any time if you are deemed to be within breach of this agreement, suspected of copyright infringement or are believed to have conducted other malicious or fraudulent activity.
ROYALTIES AND PAYMENTS
a) We agree to pay 90%
of all royalties received from the sale, streaming and paid licensing of your content through ourselves and our distribution partners and services. Payment will be made to a nominated account within 14 days of receipt of your withdrawal request by us provided your account balance exceeds the minimum payout threshold. You acknowledge that this payment will be issued as a gross payment, and you will be responsible for maintaining proper tax declarations and contributions in your country of residence. You also acknowledge that the amount received will vary dependent on not just the price you set, but based on the individual service charges for each platform you choose to distribute through.
b) We agree to pay 98%
of all non royalty payments received after payment processing fees have been subtracted. These will be made to your nominated account within 14 days of receipt by us and are not subject to the minimum payout threshold.
c) In the event of your account going into a negative balance through charges incurred by us on your behalf, including but not limited to chargebacks and or claims, you acknowledge that it is your responsibility to reimburse us accordingly. We retain the right to without payment in such instances in order to recover these losses.
a) All data and content provided to us will be stored in an industry standard secured digital environment. It will remain your intellectual property, however you grant us the right to retain portions of it in the event of cancellation in order to provide it to existing customers who have already purchased it. You retain the right to overrule this by written request.
b) The site and service is owned and operated by Software 13 which is a registered enterprise located in Spain in the European Union. All materials contained within and displayed as part of the site remain the property of Software 13, it's content providers and clients.
c) Rocktome grants you the permission to use it's name and logo within your own promotional material, provided a link to either the site (www.rocktome.com) or your profile on the site is clearly displayed.
REVISIONS AND GUARANTEES
a) Rocktome and it's associated services are provided an an 'as available' basis. Rocktome excludes all liability which may arise from any error, inaccuracies in content or unavailability of part or all of our site and service. Rocktome will not be liable for any loss or damage suffered by making use of it's site or services.
b) We reserve the right to amend or revise this agreement at any time. Any future alterations to this document will be notified to you upon your next login and by e-mail to your registered address. Any revisions will be deemed binding 14 days after they have been posted.