TERMS AND CONDITIONS AGREEMENT

These terms and conditions (“Terms”) apply to the Sepulchral Silence service and platform provided to users (“you”, “your”, and “Users”) via a website (the "Service"). The Service is operated by SepulchralSilence (“we”, “us”, “our” and “Sepulchral Silence”).

Please, read these Terms carefully and make sure that you understand them before distribute your music with us. If you do not understand or do not accept any part of these Terms, then please do not use the Service. These Terms make a contract between you and us explaining how your content will be licensed to, and distributed by us.


THE SERVICE

The Service enables you to make available and license your content to us to enable us to distribute your content.

Your content (“Content”) may comprise the following:

  • Recordings - master audio recordings embodying performances of musical compositions(wav, flac or mp3 320kbps).
  • Artwork - front cover artwork related to Recordings.

THE CONTENT

You will continue to own all intellectual property rightsin your Content. Please note that, you are granting us the exclusive right to digitally distribute your content to the stores we partnered with (the Exclusive Distribution Network).


THE REVENUE

You acknowledge and agree that we and our Exclusive Distribution Network partners shall determine in our sole discretion the manner in which to exploit (or not exploit) the Content and the monetization model used to do so.

Subject to, and conditional upon, your strict compliance with these Terms, you shall be entitled to:

  • 97% of Sales Revenues derived from exploitations of Recordings via the Service

THE PAYMENT TERMS

Subject always to our receipt of the applicable sales revenues and sales revenues from our partners, your share of Net Sales Revenue will be credited to your Account Balance. Each time your account balance reaches the threshold of $20.00, we will pay you that amount by PayPal. In order to know which is your account balance, you will receive every month a detailed sales report by email.


YOUR CONDUCT

You must not:

a) Share or submit content that is or may be interpreted as pornographic, sexually explicit or maliciously false.

b) Use the website or Service for any illegal or unlawful purpose. You must comply with these Terms at all times and with all applicable laws and regulations.

c) Share or submit any Content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law.

d) Share or submit any Content on the Exclusive Distribution Network unless it is through Sepulchral Silence.

e) Falsely affiliate yourself or your Content with any third party (for example, you must not claim that you are signed to a music label if you are not).

f) Do or omit to do anything which would bring Sepulchral Silence, the Service, or other Users into disrepute or in any way damage their reputation.

h) Cause or allow the artificial inflation of a Content’s play‐count whether by purchasing views, click‐fraud or otherwise and whether as a result of your actions orthe actions of your agents or otherrepresentatives.

If you commit a breach of this provision, we may, without prejudice to any of our accrued rights, delete your stuff immediately.


ABOUT CONTENT DELETION

We will delete certain Content from the Service and request that our Exclusive Distribution Network partners delete the Content from their own properties, as soon as reasonably practicable after a written request from you to do so or following the deletion of your stuff, provided that such take‐down shall not affect any end‐users who have already licensed, downloaded or purchased the Content.

You acknowledge and agree that, if we remove your Content from the Service or the Exclusive Distribution Network due to an alleged copyright infringement, or due to our belief that you may not have all the rights in and to the Content, then we may suspend your access to your account funds until such dispute is resolved to our satisfaction.


COPYRIGHT INFRINGIMENT 

  We accept no obligation to monitor, review and filter, moderate or remove any Content or any other content from the Service. Nevertheless, we reserve the right to take any such actions in our discretion.

If you believe that your work, or the work ofsomeone you are authorized to represent, has been uploaded to the Service, without your authorization, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below.

Please provide a notice of copyright infringement containing the following information:

  1. A statement that you have identified works which infringe your copyright.
  2. Identification of the location of such works in sufficient detail so that we can verify their existence.
  3. A description of the copyright works that you claim have been infringed.
  4. Your full name and a valid email address on which you can be contacted.
  5. A statement that you believe in good faith that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in your notice is accurate and that you are the owner of, or otherwise authorized to act on behalf of the owner of, the copyright work that is allegedly infringed.

Upon receipt of the notice containing the required information, we may:

  1. Remove or disable access to the material that is alleged to be infringing.
  2. Forward the written notification to the User who is providing the allegedly infringing material, along with your contact information.
  3. Take reasonable steps to promptly notify the User that we have removed or disabled access to the allegedly infringing material and that the User may respond with a counter‐notice.
  4. Terminate the User’s account in the case of repeat infringement if no counter‐notice is filed and/or if a lawsuit is filed.


TRANSFER OR ASSIGNMENT

You shall not have the right to transfer or assign these Terms to a third party without the prior written consent of Sepulchral Silence. Sepulchral Silence has the right to transfer or assign its receivables or these Terms, in full or in part, within its group of companies or to a third party.

These terms and conditions are between Sepulchral Silence and you. No other person shall have any rights to enforce any of its terms.