TERMS AND CONDITIONS

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website. If you are using the Site on behalf of any third party or other entity you warrant that you are able to accept these terms on that party's or entity's behalf.

Intellectual Property Rights

Other than the content you own, under these Terms, Nota Dist and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following

Certain areas of this Website are restricted from being access by you and Nota Dist may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Copyright and Copyright Violations

All rights title and interest in all materials which are capable of protection by copyright or other intellectual property right are the property of NotaDist or its contributors unless otherwise stated.Any violation of copyright by Site users will result in the immediate suspension and/or termination of account, services and/or agreements.NotaDist will prosecute any such breach to the fullest extent of the law.

Copyright Infringement

If any of the material contained in or displayed by the website appears to be in violation of copyright owned by you or the party that you represent please inform NotaDist of such apparent infringement at the earliest possible opportunity using the “SUPPORT portal” section of this website.

Your Content must be your own and must not be invading any third-party’s rights. NotaDist reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided “as is,” with all faults, and NotaDist express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall NotaDist , nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Nota Dist, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Account Data and Security

When submitting information to NotaDist, particularly during registration, please ensure that all information submitted is current and accurate, and that your submitted information is updated if it changes. Make sure that you maintain the secrecy and security of your account details and password in particular. You are wholly responsible for any unauthorised access to your account that occurs as a result of a lapse of security on your part. The User is hereby notified, that some of the Providers supplied by notadist.com have high quality requirements on the distributed Content, and therefore established certain technical and creative standards, which are necessary to meet for a publication by the respective Providers. The User is obliged to inform himself about the technical requirements, even before the transmission of his Content and the according conclusion of a License Agreement, and to observe and adhere to the standards for correct labeling of the Content, especially the product, title and track information. Therefore, it shall be the sole responsibility of the User, if the Providers refuse the Content, in whole or in part, if the User did not follow the guidelines for the provided Content complying with the acknowledged industrial standards for professional audio recordings and/or if the Product-related information is incomplete or inaccurate.

License Agreement and Scope of Services

The description of the services listed on the Website does not constitute a legally binding offer. The main service to be provided is digital music distribution, i.e. electronic storage and transmission of the Content provided by the User to the Providers for the purpose of commercial exploitation, especially the sale in all popular configurations and formats to private consumers, including technical sales tracking and commission accounting. The User is aware and expressly recognizes that the decision, whether the Content will be published and offered for sale in the Online Shops and streaming sites of the Providers, is at the sole discretion of the Provider of the respective Online Shops and streaming sites and beyond the control of NotaDist merely acts as a technical service provider on behalf of the User. Therefore, the User has the sole responsibility for the digital music distribution of the Content. NotaDist is not liable for success in the sense of publication of the Content in the Online Shops and streaming sites of the Providers, but only for supplying the Providers by transmitting the User’s Content. In the case of a rejection of the Content by one or more Providers, the already paid service fees will not be refunded. NotaDist will distribute the Content of the User to all currently available, and in the case of a an expansion of its portfolio also the newly added Providers immediately after the contract conclusion. A list of some currently available Providers can be viewed on the Website at any time. NotaDist expressly reserves the right to change or reduce the Provider portfolio for legitimate reasons, as long as the User is not subjected to significant disadvantage. Legitimate reasons are e.g. changes of performance of the Providers and other cooperation partners, as well as modification of technical requirements at unreasonable expense for NotaDist. As additional service to the digital distribution of the User’s content, NotaDist offers Content Promotion (Promotion through the Youtube and Dailymotion channels of NotaDist), which are currently provided free of charge, as long as at least one License Agreement with NotaDist is existing. NotaDist trying to keep the Services on the Website available uninterrupted and in a fully operating condition for the User at all times, but only guarantees an annual average Website availability of 90%. This does not include times in which the Website is not available due to technical reasons or other problems that are beyond the control of NotaDist. NotaDist reserves the right to individually deny the User’s request to conclude a License Agreement for any legitimate interest. In such cases, any payments received will be refunded, unless notadist.com can offset the payment against any outstanding debts.

PRICING

For pricing, you will find this listed at www.notadist.com. The prices may vary depending on the number of tracks, Royalty rate and additional services offered. It is however, a yearly fee for distributing your Recordings, and this may be renewed yearly for keeping your Recordings available another year. If you do not pay the yearly renewal fee, NotaDist may put your releases in waiting Mode. waiting means that NotaDist waiting 7 days until you pay the fee,if pass the seven days and you have not paid the annual fee it will be removed. If you would owe NotaDist any amount, we have the right to deduct all or portion of such amounts from any Royalty payable to you. NotaDist is entitled to increase or modify our prices during the Contract Term. However, if this is the case, we shall send you a written notice at least 30 days prior to the increase. During this period, you have the right to cancel the Agreement within 15 days. The cancellation must be with a written notice. We will provide you the service that you have paid for, and in all assist to remedy any possible failure to fulfil this service. However, we are not liable or responsible for third party failures in any way.

ROYALTY

Additionally to the service fees, which shall be paid annually in advance, NotaDist shall obtain a distribution fee in the amount of 8 % for ordinary users, and 20% for record labels of the achieved net revenue from the digital distribution of the Content. "Net revenue", means sales revenue, that has been accounted and actually paid out, deducted of copyright fees, sales commissions, taxes and other mandatory fees for NotaDist You agree that our Royalty payments will be subject to the conditions, reductions and pro rating provisions as agreed in each sublicense agreement with the NotaDist Retail Partners. Your right to Royalties follows on the date when NotaDist receives payment for your sold Recording, and is calculated out of the amount we actually receive. You hereby agree that, in some cases and according to each sublicensing agreement, the NotaDist Partners will only pay Royalties to NotaDist in the case the total amount exceeds a certain amount and that your payment might be subject to these limitations. The net revenue paid out to NotaDist will be credited to the User’s Account, deducted of any outstanding fees or other debts owed to NotaDist .

PAYMENTS

Payments will be credited to your NotaDist royalty account around 45 days after we have received payment from our Partners. Once payment has been credited, you will be able to request a withdrawal of royalties from the account. NotaDist will then pay the requested amount to your PayPal account from 7 to 14 days from the request. Payment of royalties can be made to a PayPal account,Bank transfer,or Western Union,Skrill. It is solely your responsibility to notify NotaDist if your Payment method  has changed, by making the appropriate changes to your NotaDist royalty account settings or by sending an email.or communicate the expressed will to receive payments with other payment methods.If you do not provide valid payment information, your service may be disconnected or interrupted and any royalty payments due will be withheld until you can provide valid payment information. You are responsible for any bank fees, currency exchange fees or other charges related to withdrawals or payments of royalties to you. NotaDist may deduct such fees and charges from any royalties owed to you. The User expressly agrees to receive all sales reports, invoices and credit notes in electronic form only.

If you breach the terms of this agreement or if using NotaDist incorrectly and damages at third party, you will not be entitled to require any payment.

Indemnification

You hereby indemnify to the fullest extent Nota Dist from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Variation of Terms

NotaDist is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The NotaDist is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between NotaDist and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of UK, and you submit to the non-exclusive jurisdiction of the state and federal courts located in UK for the resolution of any disputes.

Last Edited on 2016-12-11