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UpMix Distribution: Terms of Use / Distribution Agreement

1. Introduction

Welcome to UpMix Distribution! By using our services, you agree to the following terms and conditions, which govern the relationship between you, the artist or rights holder, and UpMix Distribution, a division of UpMix Music Group. These terms may be updated at any time, with changes communicated through our website or via email. Please review them regularly, as continued use of our services indicates acceptance of these terms.

2. Eligibility

You must be at least 18 years old or have the permission of a legal guardian if you are under 18. By entering this agreement, you confirm you have the full rights and authority to distribute the content provided through UpMix Distribution.

3. Grant of Rights

You grant UpMix Distribution a non-exclusive, worldwide license to distribute, sublicense, promote, and publicly display your content, including audio recordings, artwork, and metadata, on digital platforms. This license includes rights to distribute on streaming and download services, including but not limited to Spotify, Apple Music, YouTube, and others, for the duration specified in this agreement.

4. Content Requirements

You must own or control all rights to the content you upload, including recordings, compositions, artwork, and related metadata. Content must not violate copyright laws, include unauthorized samples, or contain unlawful, defamatory, or obscene material. You are responsible for ensuring all necessary licenses or permissions are in place for any third-party content used in your submissions.

5. Royalties and Payments

100% Royalties: Initially, you will receive 100% of the royalties generated from your content distributed via UpMix Distribution, subject to applicable deductions (e.g., taxes, transaction fees).

Changes to Royalties: UpMix Distribution reserves the right to change the percentage of royalties paid to you. Any changes to the royalty percentage will be communicated to you with at least 30 days' notice, via email or our website. Continued use of the service after such notice constitutes acceptance of the updated terms.

The percentage of revenue retained by UpMix Distribution and the timing of royalty payouts are subject to change, with at least 30 days' notice provided through our website or email.

Forfeiture of Royalties: In the event of account termination or non-payment of subscription fees, any remaining royalties accrued in your account will be retained for up to 90 days. During this period, you may request payout of these royalties. After the 90-day period, unclaimed royalties will be forfeited.

6. Subscription and Fees

By using UpMix Distribution, you agree to pay any applicable subscription fees. These fees, including both the percentage retained by UpMix Distribution and the monthly subscription costs, may change over time, with at least 30 days' notice provided.

Failure to keep subscription fees up to date may result in suspension or termination of your account and content removal from partner platforms. If your account is terminated for any reason, any remaining royalties in the account will be retained as specified in Section 5.

7. Account and Data Management

You agree to provide accurate and up-to-date information when creating an account with UpMix Distribution. It is your responsibility to ensure that the information in your account, including payment information, is accurate. UpMix Distribution is not responsible for payments lost due to outdated or incorrect account details.

7.1 GDPR Compliance and Data Privacy

Data Collection: UpMix Distribution collects personal information, including but not limited to your name, email address, payment details, and other relevant information when you sign up and use our services. We may also collect non-personal data such as usage statistics to improve our services.

Purpose of Data Processing: We collect and process your personal data to:

Legal Basis for Processing: We process your personal data based on the following legal grounds:

Data Retention: We retain your data for as long as needed to provide the service or to comply with legal requirements. If you terminate your account, we will retain your data for up to 6 years, after which it will be deleted or anonymized.

User Rights: Under GDPR, you have the right to:

Security: We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, or destruction. However, no online transmission or storage method is 100% secure, and we cannot guarantee absolute security.

Data Transfers: Your personal data may be transferred and stored in countries outside of the European Economic Area (EEA), but we ensure that adequate safeguards are in place to protect your data as required by GDPR.

Data Protection Officer (DPO): If you have any concerns or questions regarding your personal data, you can contact our Data Protection Officer at [Insert DPO contact email/phone].

8. Termination

If your subscription lapses or your account is terminated for any reason, UpMix Distribution will immediately cease distribution of your content and remove it from all partner platforms.

Forfeiture of Royalties: In the event of termination or non-payment of subscription fees, any remaining royalties accrued in your account will be retained for 90 days, during which time you may request a payout. If unclaimed after 90 days, these royalties will be forfeited.

9. Liability and Indemnification

You agree to indemnify and hold UpMix Distribution and its affiliates harmless from any claims, damages, or losses arising from a breach of these terms or your use of our services, provided such damages are within your reasonable control.

UpMix Distribution will not be liable for any indirect, incidental, or consequential damages or losses arising from the use of our services, including but not limited to loss of income, loss of data, or interruption of service, except where such limitation is not permitted by Danish law.

10. Changes to Terms

UpMix Distribution reserves the right to modify these terms, including subscription fees, revenue percentages, and other conditions. Notice of changes will be provided at least 30 days in advance through our website or by email. Continued use of our services after any updates constitutes acceptance of the revised terms.

11. Governing Law

This agreement is governed by the laws of Denmark. Any disputes arising from this agreement will be resolved in the Danish courts.