BDM Network Terms of Use

Thank you for selecting BDM NETWORK as your Digital Music Distributor. We are excited to be a part of your musical journey and are committed to helping you achieve great success in your music career. It is important that you read these Terms of Use carefully, as they form a binding agreement between you (referred to as ‘End User’ or ‘You’) and BDM NETWORK (‘We’ or ‘Us’). These terms become effective upon your registration on our platform.

Officially, the service is provided by BDM Network, a limited liability company established and operating under the laws of Ireland, with the Company Registration Number 680562. For any inquiries or assistance, our contact details are available under the “Contact” tab in the “Legal” section of your account.

The services provided by BDM NETWORK are governed by the following:

The Terms of Use outlined in this document.
The Privacy Policy, accessible in the Legal Section of your Account.

To ensure a smooth partnership, please complete all the required information in the “Account -> Profile” section of our Platform. This information is vital for establishing our contractual relationship. We have strived to make our Terms of Use clear and straightforward. However, if you have any questions or need clarification, feel free to reach out to us through any of the communication channels mentioned above.

Definitions

To ensure a clear understanding of these Terms of Use, the following key terms are defined as follows:

“Customer”: Any individual who accesses or utilizes a Digital Music Service.
“Digital Distribution”: The transmission of data via various means—such as the internet, radio, kiosks, mobile, wireless, satellite, and others—for distributing End User Content in multiple digital formats.
“Digital Music Service” (DMS): Any digital outlet that enables customers to purchase and/or listen to End User Content, such as Apple iTunes, Spotify, Tidal, Google Play, etc.
“End User”: You, the individual engaging with this agreement. The End User may be an artist, songwriter, producer, agent, rights holder, or other authorized party.
“End User Content”: All intellectual property works owned by the End User, including musical works, recordings, videos, lyrics, logos, album covers, and photos.
“Platform”: The digital music distribution platform accessible via a specified domain.
“Service”: The services provided by BDM NETWORK through the Platform for making End User Content available on various Digital Music Services.

General Conditions; Access to and Use of the Services

2.1 Access and Service Rights

During the term of this agreement and subject to adherence to these Terms of Use, you are granted the right to access the Platform and use the Services.

2.2 Platform Features

The Platform’s features include, but are not limited to:

Uploading End User Content for availability on Digital Music Services.
Selecting channels, territories, and specific Digital Music Services for distribution.
Access to optional services such as quality control, updates, and storage.
Hosting and managing End User Content.
Assigning codes (e.g., ISRC, UPC, ISWC).
Accessing sales and usage reports for End User Content.
Requesting royalty payouts.

We reserve the right to modify, add, or remove functionalities or features of the Service.

2.3 Content Rights and Responsibilities

You affirm that you possess all necessary rights to exploit your Content. By using our Service, you grant us the authority to administer your Content on an exclusive basis for the Digital Music Services you select.

What You Can and Cannot Do: Use of the Platform

3.1 Responsibilities

As an End User, you are required to:

Upload only content to which you hold rights or have authorization.
Provide all necessary information for using the Service.
Pay all applicable fees.
Report violations of these Terms of Use.

3.2 Usage Restrictions

You agree not to:

Access the Platform’s source code or distribute any part of the Platform.
Engage in illegal activities or actions that could harm others.
Upload content you do not own or lack rights to exploit.
Reproduce, copy, or distribute any part of the Platform.

3.3 Content Analysis and Removal

We reserve the right to analyze and remove any Content that violates these Terms of Use.

Fees

4.1 Service Fees and Revenue Sharing

You will receive 80% of the net income (after deductions) generated from the exploitation of Your Content. We retain a 20% sales commission. Detailed fees and thresholds are available in the “My Account > Pricing” section.

4.2 Payment Terms

Payments will be processed monthly through PayPal or wire transfer, subject to applicable taxes. Payments may be withheld for up to 24 months if fraudulent activity is suspected.

4.3 Changes to Pricing

We may revise fees or thresholds with at least 30 days’ notice.

Duration and Termination

5.1 Termination Process

Either party may terminate the agreement with 30 days’ notice. Upon termination, you must remove your Content from all Digital Music Services via the Platform.

5.2 Grounds for Termination

We may terminate the Service if:

You breach any terms.
Payments are overdue.
You engage in fraudulent or unlawful activities.

Intellectual Property Rights

6.1 Ownership

We retain exclusive ownership of the Platform, trademarks, and technology.

6.2 Content Rights

You affirm that you own all necessary rights to your Content. By uploading Content, you authorize us to administer and distribute it globally.

Fraud

7.1 Commitment to Preventing Fraud

You agree not to engage in fraudulent activity or violate our Anti-Fraud Policy.

Privacy

8.1 Privacy Policy

Our Privacy Policy governs the collection and use of your data. By accepting these Terms, you acknowledge and agree to the Privacy Policy.

Warranty and Limitation of Liability

9.1 Platform Warranties

The Platform and Services are provided “as is” without warranties of any kind. We do not guarantee uninterrupted operation or error-free functionality.

9.2 Indemnity

You agree to indemnify and hold us harmless for the use of the Platform and Service.

Miscellaneous

10.1 Amendments

We may amend these Terms of Use with at least 10 days’ notice.

10.2 Confidentiality

All information provided to you must be treated as confidential and cannot be shared without our consent.

10.3 Law and Jurisdiction

This Agreement is governed by the laws of Ireland, and disputes will be resolved through arbitration in Dublin.

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