Terms & Conditions

This is a licensing agreement to allow us to distribute your recordings to online retailers.  Beside is a second agreement for the general “Terms of Use” of your iMusician account.

Terms & conditions, digital distribution

This is a licensing agreement to allow us to distribute your recordings to online retailers.

Summary

Non-exclusivity

This licence is non-exclusive which means you can have direct deals with shops. You cannot use other distributors however as this creates a massive “claim/counter claim” mess.

Takedown

You can take down your content whenever you like as long as the your invoices are paid.

Catalogue Changes

Made a mistake or you know you have to change something in the near future? No problems. Releases can be changed at any time

Definitions

  • You: The rights holder or legal representative
  • iMusician: iMusician Digital AG
  • Release: a “bundle” of recordings such as a single, EP, album, music video, audiobook or similar.
  • Title: one song or track.

Nature of rights

This is a NON-exclusive and transferable licence for the copyrights in the recording you have chosen to distribute.

Exclusivity

This is a NON-exclusive licence for your recording so you can work directly with individual shops (they must be excluded from the distribution list).

However, this is exclusive with regards to distribution companies or aggregators so you cannot distribute the same bundle (same bundle title or barcode) with any other distributor/aggregator as this will cause huge licensing conflicts.

Territories

As selected by you.

Shops

As selected by you.

Term

Open end: From the date of agreement until either party chooses to take down the release.

Takedowns

This is where you take down releases from shops and you can do this without terminating your deal/account with iMusician.  If you take a release down before 12 months, we reserve the right to charge a 10 EUR early takedown fee.

To take down a release, all outstanding invoices must be paid.

Termination

This is where you close your iMusician account which can be done at any time by writing (email is fine) as long as all outstanding invoices have been paid.

Quality control & questionable content

We reserve the right to refuse your release based on the quality of audio or questionable content.  This includes things such as racist or politically sensitive lyrics or artwork.

Catalogue changes

Releases can be changed/updated even after delivery at the cost of 10 euros.

General terms of use of your iMusician account

The following are the “Terms of Use” as an iMusician customer.

Guarantee & warranty

  • You guarantee that you are older than 18 years of age.
  • You guarantee that you are 100% owner of the copyrights required for this service or the legal right to act on the rights holder’s behalf.
  • Where any titles infringe the rights of a 3rd party, you warrant iMusician and its Partners immunity from any wrong-doing.
  • Where your recordings can be proven to infringe someone else’s copyrights, iMusician reserves the right to charge you a penalty of up to 50 EUR per song.

Payments

  • iMusician reserves the right to charge fees for certain payment methods which will be clearly indicated.
  • iMusician reserves the right to charge a late payment fee of 10 EUR.
  • Credit card purchases can be withdrawn up to 10 days after the purchase. This duration may differ depending on country of purchase and national laws.

Accounting & payouts

  • You control your own account and can initiate payments yourself.
  • Once a payout has been initiated, payments will be made at latest within 30 days but normally within 7 days.
  • Only income which has been received by iMusician for your sales will be paid out.
  • We reserve the right to deduct costs or “returns” (end customer returns a song to a shop requiring a refund) to your account.
  • Payment transfer costs will be charged to you.
  • If an account is inactive (not logged in) for longer than 5 years, your sales and royalties will be converted to promo-credit which can be used during future purchases.

Cash and Promotion (Promo) credit

Cash credit is your income for sales and royalties which you can pay out at any time or use to buy other services. Promotion credit or “Promo-credit” can be used to discount your purchases from iMusician and cannot be paid out.  Promo-credit never expires as long as you log-in to your account once a year, and only after you have been notified by email.

Audit rights

If you have doubts about your accounting, you have the right to audit iMusician with 30 days’ notice and by an authorised Swiss accountant pending agreement from iMusician, maximum once per year and at your expense.

Fraudulent activity and frozen accounts

iMusician reserves the right to freeze your account if we suspect fraudulent activity or during licensing disputes.  Your account will be re-opened as soon as the situation has been resolved and it has been shown that there has been no wrongdoing by you.  Furthermore, iMusician reserves the right to charge a penalty fee of up to 50 EURs per songs where fraudulent activity can be proven.

Disclosure of information

Notwithstanding our privacy policy, we explicitly reserve the right to use our discretion to share certain personal details under the following conditions:

  • To comply with legal requirements.
  • To resolve copyright conflicts.
  • To enforce the copyrights we manage on your behalf.

Promotional rights

You grant the right to use all official artwork, product, video-clips, biography and likenesses free of charge in the course of exploitation.

Modification

iMusician reserves the right to make updates to the terms of use at any time and such modifications can be communicated a number of ways including to the email address belonging to the account.  Users are responsible for ensuring the validity of the email address at all times.

If the user does not respond within 1 calendar month of notice, this will constitute an acceptance of the new terms of use.

Illegality or unenforceability of any one portion of the agreement will not affect the legality and enforceability of the entire agreement.

Litigation

Any interpretation of this agreement shall be in accordance with Swiss Law and enforced in Zürich, Switzerland.