Terms & Conditions for Labels & Artists
www.musiczeit.com is a website ("Site") owned by Synth Music Direct ("us", "our" or "we").
These terms and conditions also apply to all other websites owned by Synth Music Direct including:
For purposes of this agreement all content which incorporates intellectual property which includes but is not limited to recordings in MP3, FLAC or other file format, artist’s photographs, illustrations, logos, artwork biographies, and/or other written content shall be referred to as "Material".
We will in future refer to any label or artist who either uploads or asks us to upload Material on their behalf as "The Member" (also "you", "your").
The following constitutes a legal agreement between Synth Music Direct and The Member.
The use any of the products or services ("Services") offered on websites owned by Synth Music Direct are subject to these Terms and Conditions ("Terms") stated below. We may modify these Terms at any time without notice to you by posting revised Terms on the Site. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.
www.musiczeit.com provides the following:
1) Server Space for you to upload your albums / sound samples / artwork / reviews etc
2) Your own url so that you can advertise your own download page address and if you have a web page, link to it. No other artist or label will be advertised from the pages we provide you, indeed no adverts or pop ups will appear at all. Your download page is exclusive to you.
3) Option for you to remove all www.musiczeit.com headers so that the page looks even more like your very own (Music Zeit does not even appear in your url).
4) Full secure e commerce facility through which customers can purchase your downloads.
5) Casual traffic directed to your download pages through searches from the www.musiczeit.com main pages. This gives you the best of both worlds in being able to direct your existing fans to your pages as well as attracting new fans from our pages
6) Facility for you to upload Material to your download pages free of Music Zeit charges
7) Facility for us to upload Material to your pages if you do not wish to do it yourself
8) Your own control panel from where you can upload material as well as get real time up do date reports on how many downloads you have sold per album.
9) Downloads available in both very high quality mp3 as well as uncompressed completely lossless flac files. Very few other download facilities offer flac- and yet we believe that a significant proportion of customers simply will not accept any form of compression in their music thus ruling out mp3. With our facility the customer has the choice.
10) The facility for you to set your own prices subject to minimum prices set out in Pricing below.
11) Even though the main thrust of www.musiczeit.com is to sell albums it is also possible for you to upload and sell EPs. Different minimum prices and charges apply so if you wish to upload an EP
1) Members based in the UK should price their albums in UK pounds. The minimum price The Member should set per album should be £7.99 for mp3 downloads and £8.99 for flac downloads.
2) Members based in (non UK) EU should price their albums in euro. The minimum price The Member should set per album should be 9.99 euro for mp3 downloads and 11.99 euro for flac downloads
3) Members based outside the EU should price their albums in US$ and the minimum price The Member should set per album should be $9.99 for mp3 downloads and $11.99 for flac downloads
4) Members based in the UK should price their EPs in UK pounds. The minimum price The Member should set per EP should be £4.99 for mp3 downloads and £5.99 for flac downloads.
5) Members based in (non UK) EU should price their EPs in euro. The minimum price The Member should set per EP should be 6.24 euro for mp3 downloads and 7.49 euro for flac downloads
6) Members based outside the EU should price their EPs in US$ and the minimum price The Member should set per EP should be $6.24 for mp3 downloads and $7.49 for flac downloads
Charges / Payments
1) www.musiczeit.com does not charge for setting up your page as long as you upload material yourself (See Uploading Material below). If however you would like us to do this for you, this service is available at an additional cost.
2) From the price a customer pays for
downloading the album (‘The Price’), www.musiczeit.com will deduct a percentage
(‘The Fee’) to cover all statutory costs such as applicable tax, e-commerce transaction costs and
license fees. The remainder is then split 50% to www.musiczeit.com and 50% to the
member. What the member actually receives after The Fee (‘Member Revenue’)
depends on if the download is mp3 or flac and where in the world the purchasing
customer lives. For a full range of sample calculations please contact email@example.com.
3) The Member should give us his PayPal details for where Member Revenue should
be paid. For non UK members this is the only method we can accept unless sales
of above 100 units a quarter are expected. For UK members we can also accept
payment directly into the members bank account for any payments above the
minimum. If you are in any doubt please contact us for clarification before
opening your account. Once payment has been made to the member our
responsibility for the payment of the downloads to which that Member Revenue
relates would have finished.
4) The total Member Revenue for all
downloads sold will only be paid when it totals at least £25 in one of the three
month periods outlined in point 5) below. If the total Member Revenue amounts to
less than these totals it will be added to the total Member Revenue in the
following quarter. A member has a year from a Statement issued by Music Zeit outlining his sales to issue Music Zeit an invoice. If during that year the £25 threshold is not reached the member has the right to issue Music Zeit with an invoice for the total owed and Music Zeit will pay it. If a member fails to issue Music Zeit with an invoice for amounts owed within a year of the issue a Statement by Music Zeit or decides to leave before a £25 threshold is reached, www.musiczeit.com retain any outstanding Member Revenue.
5) The total Member Revenue for album downloaded between:
a. 1st October and 31st December will be paid by the end of February of the following year.
b. 1st January and 31st March will be paid by the end of May of the same year.
c. 1st April and 30th June will be paid by the end of August of the same year.
d. 1st July and 30th September will be paid by the end of November of the same year.
We will send a statement within 30 days after the 3 month period, and send payment within 60 days.
6) As www.musiczeit.com is designed to offer a Sales facility for your music and not just a Storage facility we reserve the right to charge a Storage Fee of £5 for every album where a download has not been purchased during a calendar month. This fee is discretionary on our part. For instance if a Member has a number of albums with us and most are attracting downloads then we could well decide not to charge the Storage Fee on those albums where downloads have not taken place. We will always warn you in advance however of our intention to charge the Storage Fee, giving you the opportunity to arrange for the removal any non-selling album from the download site before any such fee is levied.
If you upload material yourself, you must do so in adherence to the specifications outlined in the administration guide (which will be made available to you on joining) which defines, for example, MP3 bitrates, file naming conventions and tagging criteria.
Other Terms and Conditions
We have the right, but not the obligation, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of our Services;
2. Change, suspend, or discontinue all or any part of our Services;
3. Refuse, move, or remove any material that you submit to our sites for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of the site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You are solely responsible for all Materials that you (or we at your request) upload, post, transmit, or otherwise make available on any site owned by Synth Music Direct. You certify that you own all intellectual property rights to the Material you upload or ask us to upload on your behalf to any site owned by Synth Music Direct. You hereby grant us a worldwide license to host and distribute this uploaded Material and subsequent versions of this Material for the purposes of (i) displaying this Material on sites owned by Synth Music Direct, (ii) distributing this Material, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing this Material in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of this Material in any form, medium, or technology now known or later developed.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
5. Upload any file that you know or reasonably should know cannot be legally obtained in such manner;
6. Collect or store personal information about other users;
7. Interfere with or disrupt our site, servers, or networks;
8. Impersonate any person or entity, including anyone affiliated to or representing www.musiczeit.com or Synth Music Direct, or falsely state or otherwise misrepresent your affiliation with a person or entity;
9. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
10. Engage in any illegal activities.
You hereby agree to indemnify, defend and hold www.musiczeit.com and Synth Music Direct and all of its officers, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Music Zeit Parties") harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Music Zeit Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
1. Your use of any site owned by Synth Music Direct;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content, or the accuracy of material that you submit to any site owned by Synth Music Direct
4. Your connection to any site owned by Synth Music Direct;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material, caused by our own actions or those of the member failing to keep his account details up to date. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material from any Synth Music Direct owned site. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies any Synth Music Direct owned site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
We will not be liable for errors or omissions on any Synth Music Direct owned site nor for loss or damage suffered by you as a result of any unavailability of these sits or by any use by you or reliance placed on these sites or their contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss, loss of data and/or any loss of income or profits.
We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon any Synth Music Direct owned site.
We shall not be responsible for any offensive e-mails you may receive as a result of the contact facilities being abused.
We reserve the right at anytime and from time to time to modify or discontinue, temporarily or permanently any Synth Music Direct owned site (or any part thereof) without notice to you and without any liability to you or to any third party.
Third Party Rights
This Agreement is only for the benefit of you and us and no other person can claim a benefit from this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.
Law And Legal Notices
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of any Synth Music Direct owned site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of any Synth Music Direct owned site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of any Synth Music Direct owned site.