1.1. Kindly review the following terms and conditions diligently. These terms and conditions, together with the copyright policy ("Copyright Policy"), the Social Platforms Terms of Service (if applicable), and the privacy policy ("Privacy Policy") (collectively referred to as the "Terms of Service"), govern your use of the MyAirplay.com website ("the Site") and its content, information, products, and services ("the Services").
This represents a legally binding agreement between you and MyAirplay, Inc. ("the Company"). The Company retains the exclusive right to modify, discontinue, or terminate the Site and Services at any time, or to amend the Terms of Service without prior notice. You acknowledge that any revisions to these Terms of Service do not affect the validity of previous versions. It is your responsibility to periodically check these Terms of Service for updates. By continuing to access and use the Site and/or Services after the Company makes and posts such changes, you affirm your legal acceptance of the updated Terms of Service. You are not authorized to alter the terms and conditions of the Terms of Service without the express written consent of the Company.
These Terms and Conditions ("Agreement") govern your use of MyAirplay's music distribution service ("Service"). By accessing or using our Service, you agree to comply with and be bound by this Agreement. If you do not agree to these terms, please do not use MyAirplay's Service.
(a) The rights granted hereunder shall include the Sale of Recordings (as each is defined below) by, without limitation, permanent digital downloads, temporary digital downloads, interactive streaming, non-interactive streaming, and cloud services. You and the Company agree that the Internet consumer stores (“Consumer Stores”) (e.g., Apple Music, Amazon, Spotify, Deezer, Tidal, etc.) licensed to exploit your Recordings hereunder must be approved by you.
(b) By clicking the “I Agree” button, you irrevocably grant to MyAirplay throughout the duration of the Term, the non-exclusive right:
i. to sell, copy, reproduce, communicate to the public, distribute and otherwise exploit the Recordings by all means and media (whether now known or existing in the future) (“Sale”) through any and all Consumer Stores now operational or hereafter available;
ii. to collect all income deriving therefrom;
iii. Utilize the names, photographs, likenesses, artwork images, biographical details, and any other information supplied by you or the artists whose performances are embodied on the Recordings in connection with the Recordings and the general operations of MyAirplay.
(c) You pledge not to partake in (or allow, encourage, enlist, retain, or employ third parties in) activities that, at the sole discretion of MyAirplay, constitute Streaming Manipulation.
i. "Streaming Manipulation" refers to any activity or method involving the artificial generation of online or offline plays on audio and/or audio-visual streaming services, where these plays do not genuinely represent end-user listening or views initiated by authentic consumers in the reporting country. Streaming Manipulation includes, but is not limited to, artificially inflating play counts, sales, follow counts, engagement activity, or other key metrics employed by the Services and/or any Consumer Store. This manipulation may occur through the use of (A) bots, scripts, viruses, worms, or any other computer codes, files, programs, or automated processes; and/or (B) click-farms, troll-farms, inauthentic accounts, shared account information, or virtual private networks. The motive behind Streaming Manipulation can range from artificially boosting chart positions and market share to increasing royalties or other payments, or any other form of fraudulent or dishonest intent.
ii. Please be aware that Streaming Manipulation may result from the actions of a third party, such as a promotional or marketing company, a record label, or a music distributor, acting on behalf of an artist or independently. It is advisable to thoroughly investigate and vet any companies or individuals you may engage, hire, or employ to promote or market your music, as you may be held responsible for Streaming Manipulation carried out by a third party on your behalf. To be clear, any Streaming Manipulation conducted by a third party on your behalf or concerning your Recordings is a breach of these Terms of Service.
iii. The criteria used to assess whether a specific consumption or marketing activity qualifies as Streaming Manipulation will vary depending on the unique circumstances of each case. The descriptions of Streaming Manipulation provided herein are not exhaustive and serve as examples.
iii. The criteria used to assess whether a specific consumption or marketing activity qualifies as Streaming Manipulation will vary depending on the unique circumstances of each case. The descriptions of Streaming Manipulation provided herein are not exhaustive and serve as examples.
(d) In the event that MyAirplay, in its good faith discretion, has reason to suspect that your account or Recordings have been involved in, generated revenue from, or subjected to any of the following: violations of the Terms of Service, fraud, copyright infringement, trademark infringement, right of publicity infringement, or any other intellectual property right infringement, failure to comply with any third-party licensing requirements, or Streaming Manipulation (collectively referred to as "Improper Conduct"), MyAirplay reserves the right to:
(i) Halt the posting of income, including any Net Income or other payments to your account;
(ii) Remove any or all of your Recordings from any or all Consumer Stores.
(e) You further commit to the following:
(i) Providing MyAirplay with any information reasonably requested as part of its investigation into Improper Conduct;
(ii) Accepting that if a Consumer Store informs MyAirplay that any of your Recordings have generated revenue, plays, or streams as a result of Improper Conduct, such notification will be considered sufficient evidence for MyAirplay to determine, in its good faith discretion, that such revenues or plays result from Improper Conduct;
(iii) Recognizing that MyAirplay's good faith determination of Improper Conduct may be based on streaming or other activity similar to cases that MyAirplay has previously deemed to involve Improper Conduct;
(iv) Understanding that the payment of revenues to you by MyAirplay does not imply that such revenues were not the result of Improper Conduct;
(v) Acknowledging that MyAirplay has no obligation to investigate Improper Conduct unless and until it freezes revenue in your account;
(vi) Agreeing that if MyAirplay determines that revenue generated in your account is the result of Improper Conduct, and such revenue has already been disbursed to you, you will return such revenue to MyAirplay, or MyAirplay may, at its sole discretion, deduct such amounts from your current account balance or from any future revenue otherwise payable to you hereunder;
(vii) Granting MyAirplay the right to retain and/or redistribute to third parties any funds (or the monetary equivalent thereof) that MyAirplay determines in its good faith discretion are linked to Improper Conduct;
(viii) Understanding that you are not entitled to reimbursement for any fees paid to MyAirplay in the event MyAirplay disables access to your account, your Recordings, and/or any other materials you provided to MyAirplay, or for any forfeited revenues, as described above;
(ix) Accepting that to the extent that MyAirplay, in its good faith discretion, determines that any Improper Conduct resulted from your actions or omissions, those of your affiliates, or those of any third party acting on your behalf or at your direction, MyAirplay may, in addition to its other remedies, deduct from any monies otherwise payable to you the costs incurred by MyAirplay (including legal fees and expenses) in connection with the Improper Conduct;
(x) Acknowledging that if MyAirplay, in its reasonable business judgment, chooses to engage an attorney to review potential Improper Conduct or to review and/or respond to any third-party allegations of Improper Conduct by you or associated with your account or Recordings, MyAirplay, in its sole discretion, has the right to deduct from your account or charge any alternate payment method as provided by MyAirplay (each a “Payment Method”), the cost of such engagement, but at a minimum of One Hundred Thousand Naira (N100,000), to offset the costs of associated legal fees and expenses.
(f) MyAirplay maintains the right, though it is not obligated to do so, to review and/or monitor any activity and content you upload. MyAirplay may investigate any complaints or reported violations of its policies and may take appropriate actions. These actions may encompass, but are not limited to, issuing warnings, suspending or terminating services, denying access, and/or removing any materials you have uploaded. You acknowledge that MyAirplay reserves the right and may terminate your account at its sole discretion for any reason and at any time, including if MyAirplay, in good faith discretion, believes that you have engaged in Improper Conduct.
(h) In the event you choose to distribute your Recordings via Social Platforms (as defined below), the Social Platforms Terms of Service shall be applicable to you. For more information, please refer to the Social Platforms Terms of Service. "Social Platforms," as used in this context, includes (I) Meta and any Meta properties, such as Facebook, Messenger (including integration with other Meta messaging services beyond WhatsApp), Instagram, Portal, Oculus, and all properties owned and/or operated by Meta Platforms, Inc. or its affiliates that are integrated with the aforementioned (for instance, Lasso, IGTV, SparkAR, MicDrop, Gaming), including all their features and functionality (including live streaming functionality), players, pages, tools, and APIs, owned and controlled by Meta or its affiliates, as well as any successor and derivative versions (the "Meta Platforms"); (II) TikTok; and/or (III) YouTube, including all mirror and derivative sites, and all replacement, successor, or international versions of the "YouTube Platforms." This also includes YouTube Music, the YouTube video player, YouTube websites, applications (e.g., YouTube main app, YouTube Music app), APIs, embeds, products, services, and any other offerings made available for syndication, as well as MyAirplay's YouTube sound recording monetization and revenue collection service ("YouTube Monetization").
3.a. Users must adhere to all applicable laws, regulations, and industry standards when using our Service. You are responsible for ensuring that your use of the Service complies with all relevant legal requirements.
3.b. When using MyAirplay's Service to distribute music, you are solely responsible for the content you upload and distribute. You must ensure that you hold all necessary rights, licenses, and permissions for the music you distribute through our platform.
3.c. Users are strictly prohibited from using our Service to distribute any content that infringes on copyright, trademark, or any other intellectual property rights of third parties.
4.a. We respect intellectual property rights, and we expect our users to do the same. As a user of MyAirplay's Service, you retain ownership of your music.
4.b. By using MyAirplay's Service, you grant us the non-exclusive right to distribute your music through the platforms and services we support. This distribution right is limited to the duration of this Agreement.
In exchange for the services provided by MyAirplay, a yearly subscription fee is required, rather than being assessed per release. This subscription fee covers administrative expenses, distribution, artist support services, and the ongoing manual maintenance of your Recordings to meet Consumer Stores' technical requirements and specifications. It's important to note that this subscription fee is a significant and indivisible part of the Services. MyAirplay reserves the right to adjust these subscription fees without prior notice.
You explicitly authorize MyAirplay to deduct the yearly subscription fee, along with any applicable taxes and related charges, directly from your MyAirplay account or to bill such fees to your designated Payment Method. Please be aware that you are solely responsible for all charges, fees, taxes, duties, and assessments resulting from your use of your MyAirplay account, whether initiated by you or any other user. Additionally, this includes any payments to Split Collaborators, if applicable.
Should you decide to terminate your subscription for one or more of your Recordings, simply inform MyAirplay in writing via mail. In this case, no further subscription fees will be assessed for those Recordings, and they will be removed from the respective Consumer Stores. Be aware that there will be no reimbursement for prepaid fees associated with terminated Recordings.
If, for any reason, you encounter issues with payment or a payment is reversed, MyAirplay reserves the right to recover the subscription fee at its discretion. This may include keeping your account active and collecting any associated royalties until the subscription fee is fully recouped.
It is your responsibility to notify MyAirplay of any changes to your Payment Method by writing MyAirplay via mail. Failure to provide a valid Payment Method may result in a service interruption or disconnection at the sole discretion of MyAirplay.
(a) You provide the following warranties and representations: (i) You are at least eighteen (18) years of age, and you possess the full legal right, authority, and power to enter into this agreement and grant Company all the rights specified herein; (ii) All Recordings, including any third-party material incorporated therein, as well as artwork, metadata, audiovisuals, images, and any other materials you provide to Company in connection with the Recordings, are either owned or controlled by you, and their use as described herein or on the Site and Consumer Stores' websites will not infringe upon the copyrights, trademark rights, publicity rights, moral rights, or other rights of any person or entity, under the laws of any jurisdiction; and (iii) Company has the unencumbered right to exploit these materials as contemplated herein without any adverse claims or obligations to make payments to any person or entity, except for the amounts payable to you hereunder.
(b) You are obligated to protect, indemnify, and hold Company and its affiliates (including directors, members, officers, employees, and other representatives) harmless from any claims, expenses, or losses brought by third parties. This obligation arises from a breach or a claim that, if valid, would constitute a breach of the previously mentioned representations and warranties or any of the agreements outlined in these Terms of Service. This includes reasonable attorneys' fees and expenses.
(c) If a claim falls under the indemnification obligation mentioned above, Company will promptly notify you, and you must defend Company at your own cost with legal counsel approved by Company. Approval of counsel will not be unreasonably withheld. In the event that you do not engage approved counsel, the Company may, at its discretion, choose to defend itself at your expense. You agree that Company can require your involvement in such defense as a third party or in any other capacity, and you waive any objection or claim for compensation in this regard. If a claim is asserted, Company retains the sole discretion to remove or disable access to the Recordings and associated materials related to the claim and to withhold payment of any funds due hereunder, in an amount reasonably associated with the claim and potential expenses. Any settlement of a claim must receive prior written approval from the Company.
(d) The Company does not provide any representations or warranties, whether expressed or implied, statutory or otherwise, except for those explicitly outlined in the Terms of Service.
a. We will use our best efforts to distribute your music to the online platforms and streaming services you select through our distribution options. However, MyAirplay does not guarantee that your music will be accepted by all platforms, as each platform may have its unique requirements and eligibility criteria.
a. MyAirplay reserves the right to terminate or suspend user accounts that violate these Terms and Conditions. If MyAirplay determines that you have engaged in activities that violate this Agreement or pose a risk to our Service or other users, MyAirplay may take appropriate action, including termination of your account.
a. MyAirplay reserves the right to modify or update these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to regularly review this Agreement to stay informed of any updates.
b. MyAirplay may make changes to the Service, including the addition or removal of features, distribution options, and pricing. MyAirplay will endeavor to provide notice of such changes through our website or other means.
(a) You hereby grant Company, its licensees, assignees, agents, and attorneys an irrevocable authorization to initiate, on your behalf or on behalf of Company, any claims, demands, actions, or legal proceedings ("Claims") that Company reasonably deems necessary to safeguard and enforce the rights granted to Company herein. Company shall institute and maintain any Claim in good faith and at its own expense. However, any recoveries obtained from a Claim shall first be utilized to reimburse all costs associated with its pursuit. The remaining balance shall be distributed in accordance with the terms, conditions, and methods generally applied by the Company to all participants in the relevant settlement or recovery.
(a) You hereby grant Company, its licensees, assignees, agents, and attorneys an irrevocable authorization to initiate, on your behalf or on behalf of Company, any claims, demands, actions, or legal proceedings ("Claims") that Company reasonably deems necessary to safeguard and enforce the rights granted to Company herein. Company shall institute and maintain any Claim in good faith and at its own expense. However, any recoveries obtained from a Claim shall first be utilized to reimburse all costs associated with its pursuit. The remaining balance shall be distributed in accordance with the terms, conditions, and methods generally applied by the Company to all participants in the relevant settlement or recovery.
a. Email: For general inquiries, support, or questions related to our Service, you can reach out to our support team via email. Our dedicated email address for inquiries is [myairplaydistro@gmail.com].
b. Phone Support: We understand that sometimes a direct conversation is the most effective way to address concerns. Our customer support team can be reached by phone at [+2347042155392]. Please be aware of our business hours, as phone support may not be available 24/7.
c. Response Time: We strive to respond to inquiries and concerns in a timely manner. While response times may vary depending on the nature and complexity of the issue, our commitment is to address your inquiries promptly
d. User Resources: Additionally, you may find valuable resources and frequently asked questions on our website that can help answer common queries about our Service. Please visit our website for access to user resources.
e. Privacy and Data Security: For inquiries related to privacy and data security, or if you have concerns regarding the handling of your personal information, please review our Privacy Policy (linked on our website) for more details on how we handle data and for contact information regarding data privacy concerns.
f. Feedback and Suggestions: We welcome feedback and suggestions from our users to help us improve our Service. If you have ideas, suggestions, or feedback, please feel free to share them with us through any of the contact methods mentioned above. Your input is valuable in enhancing our service offerings.
g. Record Keeping: For record-keeping purposes and to ensure transparency and accountability, we may retain a record of all communication and interactions with users.
g. Record Keeping: For record-keeping purposes and to ensure transparency and accountability, we may retain a record of all communication and interactions with users.