Terms and Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern the relationship between Phumi 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 the terms, then you may not access our services.

2. Acceptance of Terms

By using Phumi 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 Phumi Music’s distribution services.

3. 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 Phumi Music.

4. 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.

5. 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:

  • 55% of the net revenue generated from the distribution of your music will be paid to you.
  • 45% of the net revenue will be retained by us. Specific payment terms, including the schedule and method of payment, will be provided in a separate agreement.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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;
  • 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;
  • May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
  • 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.

11. 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.

12. 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
  • Creation of risk or possible legal exposure for us
  • Unlawful conduct by the user
  • Prolonged inactivity
  • Commercial non-viability of providing services

13. 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.

14. 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.

15. 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.

16. 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.