Terms & Conditions and Refund Policy - last updated on 24th January 2024
All capitalised terms used but not defined herein will have the same meaning as set out in the Standard Terms and Conditions.
1. PURPOSE, EXCLUSIVITY
1.1. Producer undertakes to deliver the Content described for digital distribution along with the additional name in C-Line, P-Line & Label name as “ - Digitally Distributed by One Music Records”, on an exclusive basis, during the Distribution Period and for the Territory as defined hereto.
2.1. “Content” means:
(i) the Recordings, Music Videos and Ancillary Material in relation to which the Producer will own or control the exploitation rights during the Term and;
(ii) all Recordings, Music Videos and Ancillary Material supplied by the Producer to One Music Records through One Music Records Distribution Dashboard or email.
For the avoidance of doubt, Producer shall not be entitled to license to any Third Party during the Term, any rights in and to the Content without One Music Records' prior written approval.
The producer agrees not to engage in (or to permit, encourage, enlist, retain, or employ third parties to engage in), activities that, in Company’s sole discretion, constitute Streaming Manipulation.
i. “Streaming Manipulation” means any activity and/or method which involves the artificial creation, by human or non-human means, of online or offline plays on audio and/or audio-visual streaming services, where such plays do not represent bona fide end-user listening and/or views initiated by genuine consumers and taking place in the reporting country. Streaming Manipulation may involve or include, but is not limited to, increasing, generating or manipulating play counts, sales, follow counts, engagement activity, or other key metrics used by the Services and/or any Consumer Store, through the use of (A) bots, scripts, viruses, worms or any other computer codes, files, programs or automated processes; and/or (B) click-farms, troll-farms, inauthentic accounts, shared account information, or virtual private networks. Streaming Manipulation can be the result of activities undertaken with respect to either individual or groups of Recordings in order to artificially improve chart positioning, increase market share, increase royalty or other payments, or for any other fraudulent or dishonest purposes.
ii. The producer should be aware that Streaming Manipulation may be the result of the actions of a third party, such as a promotion or marketing company, record label or music distributor, acting on behalf of an artist or on its own behalf. The producer is encouraged to investigate and vet any companies or individuals The producer may enlist, retain, or employ to promote or market your music, as The producer may be liable for Streaming Manipulation perpetrated by a third party on your behalf. For the avoidance of doubt, any Streaming Manipulation done by a third party on your behalf or that relates to your Recordings is a violation of these Terms of Service.
iii. The factors used to determine whether any particular consumption or marketing activity is Streaming Manipulation will vary according to the specific circumstances of each case and the examples and descriptions of Streaming Manipulation set forth herein are not intended to be exhaustive.
iv. Certain Consumer Stores that use your Recordings may also have policies related to fraud and suspected fraudulent activities and The producer agree that it is your responsibility to become aware of and follow such policies, and such policies shall be binding upon The producer hereunder.
(e) In the event that Company has, in its good faith discretion, reason to suspect that your account or Recordings have been subjected to, involved in, or generated revenue from: violating the Terms of Service; fraud; infringement of copyright, trademark, right of publicity or any other intellectual property right; failure to comply with any third-party license requirement; or Streaming Manipulation (collectively, “Improper Conduct”), Company reserves the right to (i) discontinue the posting of income, including any Net Income or other payments to your account, (ii) block your ability to otherwise withdraw funds therefrom until resolution of the suspect activities to the satisfaction of Company is obtained and Company determines, in its good faith discretion, that such funds are not attributable to Improper Conduct, and (iii) remove any or all of your Recordings from any or all Consumer Stores. The producer further agree that any revenue currently in your account and/or any past earnings which are attributable to Improper Conduct will be forfeited and/or returned by The producer (as applicable), if Company determines, in its good faith discretion, that your account or Recordings have been subjected to, involved in, or generated revenue from Improper Conduct.
The producer further agree to the following:
i. The producer agree to provide Company with any information reasonably requested by Company as part of its investigation into Improper Conduct.
ii. The producer agree that if a Consumer Store notifies Company that any of your Recordings have generated revenue, plays, or streams as a result of Improper Conduct, such notice will serve as sufficient evidence for Company to determine, in its good faith discretion, that such revenues or plays are the result of Improper Conduct.
iii. Upon Company’s determination that your account or Recordings have been subjected to, involved in, or generated revenue from Improper Conduct, The producer agree that all revenue in your account that has been frozen by Company is forfeited, regardless of whether it was generated from any specific Recording(s) or Consumer Store.
iv. The producer agree that Company’s good faith determination of Improper Conduct can be based on streaming or other activity that is the same or similar to cases that the Company has previously determined involved Improper Conduct.
v. The payment of revenues to The producer by Company does not constitute Company’s acknowledgement that such revenues were not the result of Improper Conduct.
vi. Company has no duty to investigate Improper Conduct unless and until it freezes revenues in your account.
vii. If Company determines that revenues generated to your account are the result of Improper Conduct, and such revenues have already been paid out to The producer, The producer agree to return such revenues to Company (or Company may, in its sole discretion, deduct such amounts from the current balance in your account or from any future revenue that would otherwise be payable to The producer hereunder).
viii. Company shall have the right to retain and/or redistribute to third parties, any funds (or the monetary equivalent thereof), which TuneCore determines in its good faith discretion, are attributable to Improper Conduct.
ix. The producer agree that The producer will not be entitled to reimbursement for any fees paid by The producer to Company in the event Company disables access to your account, your Recordings and/or any other materials The producer provide to Company, or to any revenues forfeited by The producer as set forth in the preceding sentence.
x. To the extent that Company, in its good faith discretion, determines that any Improper Conduct was caused by The producer or your affiliates’ actions or omissions or by any third party acting on your behalf or at your direction, any costs incurred by Company (including legal fees and expenses) in connection therewith may, in addition to its other remedies, be deducted by Company from any monies otherwise payable to The producer.
xi. If in Company’s reasonable business judgment it elects to engage an attorney to review potential Improper Conduct or review and/or respond to any third-party allegation of Improper Conduct by The producer or associated with your account or Recordings, Company shall, in its sole discretion, have the right to deduct from your account or charge any alternate payment method The producer provide to Company (such as a PayPal account, credit card or debit card) (each a “Payment Method”) the cost of such engagement, but at a minimum Five Hundred Dollars ($500), to offset the costs of associated legal fees and expenses.
Worldwide (the “Territory”)
4. FINANCIAL TERMS
Revenue sharing: In consideration of Producer granting the Digital Distribution rights to One Music Records, One Music Records will pay Producer 100% of the Net Receipts received by One Music Records in respect of its exploitation of the Content, after deduction of the Amounts due for Mechanical rights and applicable taxes and withholding taxes (if any).
5. ADDITIONAL PROVISIONS
5.1. Synchronisation Rights.
Producer, on behalf of itself and Artist, hereby grants to One Music Records, for the Exclusive Distribution Period, the following Exclusive rights in the Content :
Rights of synchronisation, including in-time relation to cinematographic films, television programmes, documentaries, advertisements (with the prior approval of Producer), multimedia programs or live shows; Synchronization Rights shall be subject to the prior approval of Producer in each case except where governed by a user generated content license; and
The right (subject to the Producer’s prior approval in each instance) to authorise third parties to use samples taken from recordings to produce new recordings, either audio or audiovisual (so-called ‘sampling’).
In consideration of the Producer granting the Synchronisation Rights to One Music Records, One Music Records will pay to the Producer 100% of the sums collected directly from the exploitation of the Synchronisation Rights by One Music Records less any applicable commission, taxes and charges. This agreement will be terminated on copyright infringement cases if the artist / label submits copyrighted songs which they do not own. Termination of the agreement will lead to loss of access from our dashboard, revenue payouts and song takedowns.
The producer grants Exclusive rights to One Music Records to distribute the songs uploaded by the producer on 150+ Digital Platforms and does not allow the reuse and remake of the song uploads done by the producer without notice or information to the producer. The producer commits that he is the main primary artist in the release he submits referred to a singer or rapper only.
For the Record Label and Distributor Plan joining users, the joint company will have to make 2 types of agreements. The first agreement will be between the joined company and One Music Records and the second agreement will be between every single primary artist and One Music Records through the joined company. The company will always have to make a new agreement for the first song distribution of that particular artist.
The producer is allowed to exit One Music Records at any time and can transfer their single release or entire catalog to any of their partner’s Dashboards associated with One Music Records.
The producer shall not dispute the copyright claim on any of their YouTube videos which receive a claim of their content distributed by One Music Records. If the producer doesn’t want to keep the claim and needs to takedown the claim, they shall email the UPC Code and name of the release by requesting the takedown of copyright claim on email@example.com
The user commits that they have read the terms and conditions before completing the payment. The entire payment amount will not be refunded if the user wants refund in any case. The user should read the terms and conditions before completing the payment. On refund request, 50% of the amount will be refunded, before signing the agreement. There will be no refund initiated after the agreement is signed. The user should request for the refund within 3 days after the payment in any case. Request created after that will not be valid and no refund will be initiated to them. For full details on the refunds, please read the refund policy. The user cannot request for the take down of their release before 90 days of their song approval. Songs uploaded by the producer violating any digital platform's terms and conditions or their policies will lead to loss in the revenue generated by that song. One Music Records Team can make any decisions regarding terminating the producer's account or taking down any releases in such case.
The C-Line & P-Line mentioned in the contract above may not be permanent; usually, the producer can change the C-Line & P-Line for any song if needed, directly while uploading the song on the Dashboard.
Releases we approve :
Completely Original Songs with 100% Original Lyrics, 100% Original Composition, 100% Original Music, 100% Original Voice
Simple Lyrics not spreading hate or violent speeches
The Vocals of the song should be a song and not a shayari or speeches
Releases we don’t approve :
Religious / Devotional / Festival songs
Songs relating to any religious beliefs directly or indirectly
Songs promoting political parties directly or indirectly
Songs having vulgar or hate spreading lyrics
Words relating to religious beliefs, example : Saato janam, etc
Insulting a person or a group of people or team or a company
ONE MUSIC RECORDS – FIXED TERMS AND CONDITIONS
The agreement is confidential between One Music Records Distribution Company and the producer.
The agreement can’t be shared with any other party
The producer cannot dispute the copyright claim
The producer cannot distribute the songs released through One Music Records with any other distribution company
The producer should not upload any tracks with Apotheosis Lyrics in it. If the producer submits any song with Apotheosis Lyrics, that release will not be approved by our team
The tracks should not include any religious Prophet or Saint’s name which may or may not hurt any religious sentiments
There will be no refund of the amount paid by the producer after signing the agreement
There can be a delay in getting the songs on the stores and the producer has to wait till the release
The producer can upload only the number of songs on the One Music Records Distribution dashboard as decided by One Music Records and mentioned in the agreement
Any queries related to Distribution shall be emailed by the producer on firstname.lastname@example.org
ONE MUSIC RECORDS DISTRIBUTION - DASHBOARD T&C
The producer should not upload any kind of Copyrighted or reused content or any sample or any free for profit beats on their Dashboard even if they have the license from the copyright holder to use it or distribute it
If the producer uploads any kind of Reused or Copyrighted content, the content will not be approved by our team and will be reverted back to the producer
On uploading a single reused or copyrighted content, the producer will receive a copyright strike on their Dashboard.
There will be a limit of 3 Copyright Strikes for the producer and if all the 3 Copyright Strikes gets filled, the producer’s Dashboard will be deleted permanently and the producer will no longer be a part of One Music Records and all the previously released content may get deleted based on team’s decision
There will be no way to clear any Copyright Strikes on the Dashboard if the content is found to match with another Content.
Once the producer gets a copyright strike on the Dashboard, none of their songs will be approved till 1 week
No changes will be made in the agreement once it is signed by the registered user
Release approvals will be made on the decision of One Music Records Team
One Music Records has the right to update any terms and conditions anytime. The changed terms and conditions will be applicable instantly and can be viewed on the website.
Delay in releases may occur if the producer fails to submit their release as per proper format required
- The producer should not apply for YouTube Content ID if they don’t want any copyright claims. If they apply for it and takedown the claim from their video, the claim can be taken down after 3 months of the distribution
ONE MUSIC RECORDS - DASHBOARD ACCESS
One Music Records will provide the producer with access to the One Music Records Distribution Dashboard for uploading his catalog.
The producer cannot upload any kind of hate spreading songs on the dashboard
The producer cannot upload any kind of religious songs on the dashboard
The producer cannot share his dashboard with any third party
Disobedience to any of the above points in the entire agreement shall be subject to legal consequences and a strict fine of ₹50,000 to the producer.
The payment to the producer will be provided by One Music Records in their registered Bank Account according to the payment generated and received by the producer’s catalog from distribution.