Terms of Use

1 – Definition

Musicliv.com is a service provided by MusicLiv (“musicliv”, “us”, “our”, “we”).

These Terms of Use govern your use of musicliv.com and all its players, tools, applications, data, software, APIs, and all other services provided by MusicLiv (the “Services”).

These Terms of Use, together with our Privacy Policy, Cookies Policy and any other terms specific to one of these documents, constitute a legally binding Agreement (the “Agreement”) between You (“You”, “User”, “Your”), registered as Artist (“Artist”) or Label (“Label”), and MusicLiv in connection with your use of the Site and Services (together, the “Homepage”).

2 – Terms and Conditions

3 – Specifications of the Homepage

3.1 – Description of the Homepage
Registered users of the Homepage can submit, upload and send audio & Video files, text, photos, images, graphics and other content, data or information (“Content(s)”), which will be stored by MusicLiv under the direction of those registered users, and can be shared and delivered by such registered users using the tools and features provided as part of the Homepage and accessible through the Site and elsewhere. The Homepage also allows registered users to interact with each other and allows any user of the Site or of some Services (which may or may not be registered users of the Homepage) to view and share content uploaded and made available by registered users.

We may, from time to time, release new tools and resources on the Site, release new versions or introduce other services and/or functions for the Homepage. Any new services and features will be subject to these Terms of Use, as well as any additional conditions of use that we can release to those specific services or features.

3.2 – Your use of the Homepage
If you register to use the Homepage and subject to strict compliance with these Terms of Use, MusicLiv grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Homepage to use the content uploaded and posted to the Site, to listen audio Content streamed from the Homepage and to share audio Content using the features of the Homepage where these functionality have been enabled by the user who uploaded the Content in question (the “Uploader”).

Moreover, MusicLiv grants, and subject to your strict compliance with these Terms of Use, a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to:

You agree to comply with the above conditions, and acknowledge and agree that MusicLiv has the right, in its sole discretion, to terminate your account, or take such other action as it deems necessary in case of violation of the conditions laid above or any of the other terms of these Terms of Use. This may include taking legal action and / or reporting offending users to the competent authorities.

3.3 – Changes to the Homepage and Accounts
MusicLiv reserves the right at any time and for any reason to suspend, discontinue or terminate providing access to the Homepage or any part thereof, temporarily or permanently, and whether in its entirety or in relation to individual territories only. In the event of any permanent or temporary suspension, interruption, cessation or termination of access, MusicLiv will use reasonable efforts to notify registered users of such a decision, if possible, in advance.

You agree that MusicLiv and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders will not be liable to you or any third party for any changes or modifications to the Homepage or any Service that MusicLiv may make from time to time, or for any decision to suspend, discontinue or terminate the Homepage, Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

You will have no obligation to continue to use the Homepage following any such notification of changes, but if you do not terminate your account, the continued use of the Homepage will constitute your agreement to the revised Terms of Use and Homepage.

4 – Registration, Accounts and Content

MusicLiv does not claim any ownership rights in the Content, and expressly acknowledge and agree that your Content remains your solely responsibility.

Subject to the conditions set out in your use of the Homepage you do not have to upload, store, distribute, broadcast, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyrighted material by Content (whether by reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicate through the Homepage) may constitute a violation of third party rights and is strictly prohibited (as described also in Your use of the Homepage, section 3.2). Such violations may result in termination of your access to the Homepage (as described in the section 7 of these Terms of Use) and can also result in civil or criminal prosecution by or on behalf of the owner of the rights in question.

We may, from time to time, invite or provide the means to provide feedback on the Homepage and the ownership of your Content, and in such circumstances, any feedback and responses will be considered non-confidential and MusicLiv we will have the right, but not the obligation, to use such feedback without restrictions.

The Artist can upload on the Homepage only audio content that is, on his own responsibility, a single audio track of the user; the Homepage not permit the upload of audio set that contain more than one track (for example set, DJ sets, live band recording…). These audio Content must be removed by the Artist once he has concluded a music distribution agreement with a Label (both internal to MusicLiv with Bid or external); these audio Content will still be automatically removed after the end of one year from the date of upload of the same audio Content.

MusicLiv is not liable if the Artist does not remove the Content after concluding a distribution agreement with a Label and MusicLiv reserves the right, but not obligation, to remove such Content even without any authorization of the Artist.

5 – License, Warranty, Liability, Responsibility and Indemnification

6 – Third Parties

7 – Additional Information of Content

There will also suspend or terminate your account without notice if ordered to do so by a court, and / or in other appropriate circumstances, as determined by MusicLiv at its discretion.

8 – Bid

Bid is a service that allows users to agree each other to distribute a track, through the acceptance of a bid of royalties percentage, the exchange of the agreement signed and the sending of the audio file for distribution. The users, at the moment of the acceptance of the agreement in the bid service, guarantee that the percentage of royalties in the bid is the same at the percentage of royalties in the agreement signed by the users and guarantee that this condition is in accordance with all the conditions of the contract signed by the parties for the distribution of the track. In case that the Label distribute that track with MusicLiv distribution, that percentage, accepted by the parties in the bid, will be used by MusicLiv to count the sales royalties for the involved users and that percentage of royalties can not be changed under any circumstances after agreement of the parties in the Bid.

MusicLiv has no liability for the negotiations and the agreements reached between the two parties through the use of Bid service. MusicLiv only offers the Bid service and it is not and cannot held liable in any way if one of the parties does not respect the agreement of the negotiations. MusicLiv does not guarantee for any of the two parties regarding the agreements reached through the use of Bid service. MusicLiv only guarantees the division of the royalties from the MusicLiv distribution in the exact percentages indicated in the Bid service and accepted by the parties.

9 – Distribution, Stores and Royalties

10 – Price and Pay Out

The User is hereby explicitly advised that he only participate with net proceeds. The extent to which VAT is payable depends on the fiscal circumstances in the individual case. MusicLiv expressly reserves the right to adjust the tax treatments in the case of changes of the actual circumstances or the administrative practice of the tax authorities or of law. The User expressly agrees that MusicLiv is also entitled to correct the accounts in the account of User if necessary retroactively. This also applies to other accounting adjustments that are required to correct an initially erroneous factual or legal assessment.

MusicLiv reserves the right to suspend the balance user and the possibility to request a Pay Out in case of violation of these Terms of Use.

11 – Termination

These Terms of Use shall apply at all times while you utilize the Homepage. You may terminate this Agreement at any time, by deleting all your Content from your account, deleting your account and, subsequently, by ceasing to use the Homepage. If a Label distributed releases with MusicLiv distribution, before the deletion of the account is required the Takedown (a request to delete the releases from stores) for all the releases distributed with MusicLiv distribution.

MusicLiv may terminate your access to the Homepage and / or terminate this Agreement at any time, if:

12 – Agreement and Law