1. Legal Age:
You must be at least 18 years of age to purchase services or goods from our website. By purchasing from our website you warrant and represent that you are at least 18 years of age.
2. Licence to use website:
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website, except for content specifically and expressly made available for redistribution.
3. Acceptable use:
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
4. Restricted access:
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
5. User generated content:
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
6. Limited warranties:
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7. Limitations and exclusions of liability:
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
9. Breaches of these terms and conditions:
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Exclusion of third party rights:
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
14. Entire agreement:
15. Law and jurisdiction:
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
There may be several other sites claiming to be Melody Mover, however none of these sites are controlled or part of Melody Mover. The other sites are part of other organisations or set up by persons who are not connected in any way to Melody Mover. Melody Mover is not liable for content on these sites and does not have any connection to the people who are the owners and or in control of them. Melody Mover is only responsible for content listed within www.melodymover.com domains.
17. Subscriptions, packages, extras and fees:
Melody Mover offers a range of packages that range from chart registration to label marketing. When you purchase any products or subscription you accept that there is no guarantee for success from our additional services and you accept that Melody Mover or its partners are liable for any failure to obtain success. Package and extra purchases are non refundable.
You also accept that Melody Mover can choose where to pitch your music at their discretion, based on factors such as, genre, time length and overall quality, which applies to you, the user, if you have purchased any products that involves pitching your music to 3rd parties and our partners. With regards to chart registration, Melody shall not be liable for any delays that occur in the event you purchase the relevant product les than two weeks from your product release date. Melody Mover does deduct admin fees from overall income of all users to cover relevant costs that Melody Mover sees fit. With regards to social media verification, we can submit your profile to our partners, however Melody Mover will not guarantee successful verification. When you purchase a package that involves pitching your product for support across our partners and 3rd parties, you accept the Melody Mover shall not be responsible for reporting on campaigns, but may be in touch to notify of any campaign requests or successes. Melody however will ensure that when your music is pitched it will be done so inline with partner requirements. Our annual subscriptions will be renewed annually from the date of purchase unless notified by you with 30 days notice. Failure to do this will result in the renewal fee deduction and Melody will not be liable to refund this. To make such a request then you should write in to firstname.lastname@example.org providing your affiliated email address and a UPC to a product within your account.
By submitting your release you accept all of the terms set our in section 17 and the entirety of this agreement.
We offer two main subscription packages for artists and labels. One package includes an up front annual fee with a deduction of 10% of revenue collected by Melody Mover and one package which is free, but deducts 15% of revenue collected by Melody Mover. By choosing either package upon sign up or upon your first release, you agree to the prices and percentage deductions detailed within each description. If these fees changes then you will be notified prior by email. Please note that any subscription payment is non refundable.
18. Deliveries, Mapping and Quality Assurance:
Melody Mover will deliver your works to streaming services worldwide but not limited to Spotify, Apple Music and Amazon Music. It is the responsibility of the representative of the release to ensure that artist ID codes are inputted during the release upload process. This is to minimise the chances of mapping errors on digital storefronts. Melody Mover is not responsible for this. However, if you notice a mapping error with your delivered releases then you should contact email@example.com providing the URL of the incorrect location and the URL of the location you wish to place it. You are required to provide at least 14 days ahead of your preferred release date to ensure that your release is delivered to storefronts. If you upload your release sooner, then Melody Mover will not be responsible in the event that your release does not appear on storefronts.
All releases that we receive for distribution go through a quality compliance and assurance phase. If you have a release that contains a sample or featured artist then you should ensure that you possess the appropriate mechanical license. This is in the event that we request your documentation prior to approving your release. If we do not receive this then we will not deliver you works to any digital storefronts.
We offer delivery services and preorder campaigns via our Bandcamp account and liaise with the platform to pitch for promotional opportunities. If you wish to use this service then please contact firstname.lastname@example.org. Melody Mover will set up your release as a preorder campaign and will take 25% of revenues from any sales. If you opt in to this service and wish to terminate at a later date then a request should be sent to the same email address providing 30 days notice.
The full name of our company Melody Mover.
We are registered in the United States at 901 4th St. N, Suite 300, St. Petersburg, FL USA 33702.