Congratulations for deciding to use Deep Sound Records ("DSR", "Anti-Joy", "Anti-Joy Distribution", "we", "us", "our"). By signing up to or oppositely using Anti-Joy's platform, services, websites, and software (collectively, the "Anti-Joy Service" or "Service"), you are enrolling in a compulsory agreement with Deep Sound Records, a business based in Denmark.
To access and use the Anti-Joy Services, you must be at least 18 years of age plus possess the ability to enter a binding agreement with us and not remain stopped from doing so under any law. If you are below 18, you need to be capable of providing proof of your guardian's approval. You also agree that the data you provide to us is correct, accurate and whole, plus your consent to keep it like that at all times.
If you create an account on account of an organisation, business, or different entity, thereupon (a) "you" covers you and the entity, and (b) you represent and guarantee that you are allowed to permit full permissions and licenses given in the Agreements and compel the entity to the Agreements and that you consent to the Agreements on the entity's account.
"Recordings" shall determine any audio recordings that you provide to Anti-Joy by uploading within the Services.
"Stores" shall determine every, now known or future, digital Internet stores (like Spotify, Deezer, iTunes and Amazon etc.), and/or any additional digital retailers of music which Anti-Joy has, from time to time, agreed with.
"Metadata" shall indicate the music metadata, the data inserted in an audio file that is utilised to recognise the content. That includes, but is not restricted to, track title, band or artist name, variety of music, label and the year the track was published.
"Territory" shall determine the world or specified suitable area.
3. Grant of rights
You give us the right to sell and use your recordings for digital downloads, interactive and non-interactive streaming, cloud services and streaming-on-demand services. This privilege of rights does not, however, constitute a change of possession.
By utilising our Services, you allow us, during the Term and throughout the Territory,
The non-exclusive, global grants the right to distribute, publicly perform, exhibit, broadcast, transmit and make your Recordings accessible on the Internet and without restriction, on every Store and any other alike digital service for sale via downloading, interactive and non-interactive online streaming, internet services and streaming-on-demand or now identified or from now on devised, correlated means of making use of the Recordings.
The non-exclusive right to utilise your name(s), pictures, likenesses, artwork, biographical and other data attributable to you, which you have provided to Anti-Joy.
The right for Anti-Joy to sublicense or contrarily transfer the above licenses to all Stores.
The above does not authorise a transfer of ownership to any of the content you have uploaded or provided to us.
Any licenses granted to us above are granted on a royalty-free license basis. This covers the use of any lyrics of the Recordings if you have provided any.
4. Your DSR/Anti-Joy Account
To access particular features of our Services, you must register or login to your account ("Account"). Registering an account is entirely free. Use of another person's account is NOT allowed. While creating your Account, you are obligated to provide accurate and full information.
You are entirely liable for the activity that happens on your Account. You are additionally accountable for preserving the safety of your account password, as well as the passwords of any third-party services you may have chosen to link to your account.
We will always make a consistent effort in assuring that our Services are accessible. Should the Services be obstructed in some way, we will make a constant effort to fix the obstructions without delay. We are, however, not responsible for any failures, delays or obstacles that might happen.
5. Your Music, Content and Data
When you upload your Recordings within our Services, you will be asked to provide us with Metadata as well as artwork for use in the Stores and/or websites. You give the Recordings, artwork and any other data and content at your own expense and in formats needed for use on the Stores.
You are entirely accountable for anything you submit to us. If we see it as inappropriate or unsuitable, we possess the right to, in our sole discretion, remove the information and/or restrict you from utilising our Services and/or any Stores.
6. Royalties and Withdrawals
You keep 100% of your royalties received from the Stores, except any third-party aggregator fees as well as relevant taxes owed from you by law and any payment, currency exchange and banking fees charged by the payout method. You are to every degree subject for paying any other rightsholders (producer, featured artist, etc.) that you may have and any appropriate taxes according to the tax laws of your country.
You acknowledge that your royalties are under the conditions and pro-rata terms as accepted in each agreement that Anti-Joy has entered into with the Stores. The cost is decided by the Stores and us, in our sole discretion.
The Stores report your royalties to us. Royalties will be paid to your Anti-Joy Account monthly. The royalties refer to past months as reported to us by the Stores after we've collected the payment from the Stores. Each Store has its own delay of reporting your royalties, usually between 1-3 months. When royalties have been paid to your account, you can withdraw your money. Do remember that because of the reporting delay, you will not receive any royalties in your first month(s) until we have received the first reports from the Stores.
The smallest amount of income you can withdraw is at least 10 USD and cannot be paid out in parts. Your revenues are collected and will be carried over till you reach the threshold. The payout process can take about 1-14 business days.
The payout method used is PayPal. You must have a PayPal account to be capable of receiving your earned royalties. We reserve the rights to add and alter the way of withdrawals. We also reserve the right to withhold any payout where we suspect the information could be incorrect, an unofficial person has infiltrated your account or if we suspect that you uploaded copyright infringing Recordings.
Should a Store report a wrong amount, however significant, of royalties that you have earned, we reserve the right to amend that retroactively. Anti-Joy assumes no responsibility concerning reports from Stores.
For our Danish users. To be tax compliant with current tax regulations, we must obtain your personal identification number to be able to report to SKAT how much you've made in royalties every year.
7. The Stores
We have enrolled in deals with various Stores to distribute your Recordings. You may select/deselect the Stores you would like your Recordings to be delivered to. The agreements that we have entered with certain Stores shall define the terms on which your Recordings will be sold or made accessible. It may differ from time to time, which Stores we have made agreements with. Therefore, we will not be able to ensure the sale and/or exploitation concerning the Recordings in any distinct Store. Anti-Joy assumes no responsibility if or when your Recordings are not made accessible on a specific Store.
Anti-Joy presumes no liability for any obstructions, delays, failures or any suspensions of access, reports or withdrawals, from the Stores, not in whole nor in part.
While you upload your Recordings, Metadata and additional Content within our Services, we will provide your Recordings to the Stores. You can choose the date for the release of your Recordings. Though, every Store concludes the delivery time for the delivery of your Recordings. We do not assume accountability for the delivery times of the Stores.
8. Prohibited Use, Violation and Reporting of Material
You must not in one way or the other use our Services for any criminal intent or for the following reasons.
In a way that is or have the intention of doing something criminal or dishonest.
For the intent of harming or attempting to harm a person in any form
You are not allowed to upload Recordings or Materials which may.
Comprehend offensive, discriminatory or provocative material.
Encourage sexually graphic or violent material.
Encourage discrimination solely on race, belief, origin, inability or sexual orientation.
Advertise, support or assist in any criminal activity.
Threaten, bother, upset or terrify any other person or invade on their privacy.
Impersonate another person.
We reserve the freedom to, in its sole discretion, decide if a Recording or if you have breached the above or another segment of these Agreements. If we determine that a violation has been made, we may exercise any action we deem suitable. We might, but not restricted to, momentarily or permanently eliminate your account and all Recordings or material uploaded within our Services, without informing you.
The Anti-Joy Services may be integrated into third-party applications, websites, and services ("Third Party Applications") to make sure the Services are open to you. Specific Third Party Applications may apply their terms and conditions and privacy policies, and your usage of these Third Party Applications will be supervised by and directed to such terms and conditions and privacy policies. You comprehend and agree that we do not endorse and is not accountable or responsible for the operation, features, or material of any Third Party Application or for every purchase you may enter into with the provider in such Third Party Applications.
10. Your Usage of Our Services
Our Services may be used and accessed only for legitimate purposes. You accept to abide by all suitable laws and regulations in conjunction with your usage of our Services. You certify and assure that you will not utilise Anti-Joy's Services to broadcast, distribute, route, provide connections to or collect any material that violates copyrighted materials or contrarily infringe or encourage the infringement of the intellectual asset rights of any third-party.
Your Account must solely be used by you and may not be transferred or shared with a third-party. You accept that you are entirely accountable for any usage or action on your Account. You shall instantly inform Anti-Joy of any violation of security or unauthorized use of your account. Any fraudulent, abusive, or otherwise prohibited account activity shall establish a foundation to terminate your account. You consent to assure us against any responsibility and expenses resulting from such improper usage of your Account.
11. Your Responsibility/Warranties
You accept and warrant that you won't distribute, transfer or store files or content that might violate copyrighted compositions. You additionally acknowledge that you will not encourage the violation of a third party's intellectual property rights. If you do, you recognise that we may at any moment, and in its sole discretion, exclude your Recordings, disallow access to the Services without informing you and reserve any royalties assignable to the Recordings that is a violation of copyrighted composition, infringement to third-party rights, or is directed to forced activity.
You furthermore agree that:
You are not under any limitation, restraint or prohibition to enter into the Agreements and grant the rights following the Agreements.
You are liable for all the Recordings and additional materials and data uploaded through our Services.
You are the owner or lawfully render the owner of the Recordings and the materials and that you own full control and authorisation to enter into and operate following the Agreements.
You have not registered in any agreement that may clash with the Agreements.
You have gathered all proper and related approvals and rights from, but not restricted to, any owners, artists, musicians, producers, other people and organisations associated with the composition of the Recordings.
You have, in the event of a cover version (a recording of a song/lyric to which you are not the writer or owner) received all appropriate permissions for such usage, and be capable of presenting this permission to us.
The Recordings remain original furthermore do not include any samples which have not been cleared or else violate upon the right of a person or third-party.
You shall not perform any action which might hurt the reputation of Anti-Joy/Deep Sound Records or might hinder, limit or conflict with the exploitations of the Recordings.
If you are not the creator/owner of the Recordings, you have a legitimate and presentable deal with the Artist that gives you all the rights to enrol into this Agreement.
Furthermore, you consent not to:
distribute, modify or adjust any part or parts of the Services;
avoid any technology utilised by Anti-Joy, its licensors, or any third-party to defend the Services or any material on the Services;
sell, rent, sublicense or lease a part of the Services;
give your password to some separate person or applying any other person's username and password;
"crawl" the Services or contrarily use any automated means (including robots, scrapers, and spiders) to accumulate data from Anti-Joy and its Services;
Incorporate or introduce some malicious content such as malware, Trojan, spyware, cancelbots or additional viruses and malicious scripts.
You further acknowledge that you wish to comply by all of the other terms of these Agreements, at any time throughout your use of the Services.
You acknowledge that Anti-Joy may terminate your Account if you infringe with the Agreements or, if we believe, in Anti-Joy's thoughtful belief discretion, that you are violating the intellectual rights of third parties and/or engaging in the otherwise deceitful activity.
Furthermore, you acknowledge and assure that you shall not, in any form, conduct in any forced event or orderly listening and that if you do such, it may end in Anti-Joy terminating and blocking your Account and eliminating all of your uploaded Recordings, without informing you.
You acknowledge that you are singly accountable for (and that we have no liability to you or any third-party for) any violation of your responsibilities following the Agreements and for the outcomes (including any harm or loss which may undergo) of such crime.
You recognise again that we may at all times, and in our judgement, delete your Recordings, disallow your access to our Services without informing you and keep any earnings assignable to the Recordings if you violate any of the above terms. Furthermore, if you should have uploaded any Recordings that infringes any intellectual asset of another artist, we may keep any earnings assignable to the Recordings, and pay them to the copyright owner.
12. Violation and Reporting of Material
Anti-Joy values the rights of intellectual property holders. If you think that some material on our Services violates your intellectual property rights or different rights, please reach out to our customer support. If a copyright owner informs us that some content infringes copyright, Anti-Joy might in its individual choice take procedures without previous warning to the provider of such material. If the provider believes that the material is not violating, the provider may send a counter-notification to Anti-Joy with a request to recover the removed material.
13. Our Rights
We have the right to revise, suspend or terminate our Services following this Agreement, at any moment.
We hold the right to deny or withdraw any Recordings or Materials from the Stores and our Services that you have uploaded within our Services. We additionally hold the right to eliminate your access to the Stores or our Services without warning.
14. Our Intellectual Assets
The Anti-Joy Services include but are not restricted to, all similar technology, data, tools, and/or design is the property of Anti-Joy and/or Deep Sound Records and its subsidiaries or its licensors. We give you a restricted, non-exclusive, revocable licence to use the Anti-Joy and/or Deep Sound Records Services.
The Anti-Joy labels, service marks, business names, logos, domain names, and any additional parts of the Anti-Joy and/or Deep Sound Records brand are the property of Anti-Joy and its subsidiaries. The Agreements do not allow you any licenses to use any brand features and Anti-Joy labels, whether for commercial or non-commercial use.
We appreciate listening to our users and are always excited about learning how we can improve and grow the Services. If you wish to send comments, ideas or feedback, you acknowledge that we are free to use them without any limitation or payment to you.
15. Our Services Conditions and Alterations
Anti-Joy will perform reasonable efforts to hold the Anti-Joy Services operational at all times. Nevertheless, particular technical challenges or maintenance might, from time to time, end in momentary interruptions. We retain the right, periodically and at any time, to alter or suspend, momentarily or permanently, functions and features of our Services, with or without warning, all without responsibility to you, except where prevented by law, for any interruption, alteration, or discontinuation of the Anti-Joy Services or any function or feature from there.
16. Term and Termination
The terms of the Agreement shall commence and maintain (the "Term") except cancelled by either Party following the Agreements.
You may, at any moment, delete and terminate the Anti-Joy/DSR Services by contacting Customer Support.
We may terminate the Agreements or refuse your access to the Anti-Joy/DSR Services at any time for any and no purpose, including in the case of your genuine or suspected unlawful use of the Anti-Joy Services and/or any material, or non-compliance with the Agreements. You may delete your Anti-Joy Account at any moment by sending a deletion request to Customer Support.
Any sectors of the Agreements that, either explicitly or by their nature, must reside in effect even following the termination of the Agreements, shall outlive termination.
17. Pledge and Disclaimer
WE STRIVE TO GIVE THE BEST SERVICES WE POSSIBLY CAN, BUT YOU ACKNOWLEDGE AND ACCEPT THAT ANY ANTI-JOY SERVICE IS GIVEN "AS IS" AND "AS ACCESSIBLE", WITHOUT EXPRESS OR SUGGESTED PLEDGE OR STATE OF ANY SORT. YOU USE THE ANTI-JOY SERVICES AT YOUR GAMBLE. TO THE ABSOLUTE DEGREE AUTHORIZED BY APPROPRIATE LAW, ANTI-JOY PERFORMS NO REPRESENTATIONS AND DISCLAIM ANY PLEDGES OR STATUSES OF ADEQUATE QUALITY, MERCHANTABILITY, FITNESS TOWARDS A SPECIFIC REASON, OR NON-INFRINGEMENT.
18. Restriction of Obligation
YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY APPROPRIATE LAW, YOUR WHOLE AND EXCLUSIVE REMEDY FOR ANY ISSUES OR DISAPPOINTMENTS WITH THE ANTI-JOY SERVICES IS TO UNINSTALL WHICHEVER ANTI-JOY SOFTWARE AND TO QUIT UTILIZING THE ANTI-JOY SERVICES.
TO THE WHOLE DEGREE AUTHORIZED BY LAW, IN NO EVENT WILL ANTI-JOY, ITS ADMINISTRATORS, SHAREHOLDERS, WORKERS, AGENTS, DIRECTORS, SUBSIDIARIES, ASSOCIATES, SUCCESSORS, ASSIGNS, PROVIDERS, OR LICENSORS BE RESPONSIBLE FOR (1) ANY INDIRECT, UNIQUE, RELATED, PUNITIVE, REPRESENTATIVE, OR CONSEQUENTIAL LOSSES; (2) ANY DAMAGE OF USAGE, DATA, COMPANY, OR REVENUES (WHETHER DIRECT OR INDIRECT), IN ALL EVENTS, EMERGING FROM THE USAGE OR DISABILITY TO USE THE ANTI-JOY SERVICES, DESPITE LEGAL THEORY, WITH NO CONCERN TO WHETHER ANTI-JOY HAS BEEN ALERTED OF THE PROBABILITY OF THOSE LOSSES, AND ALSO IF A SOLUTION FAILS OF ITS FUNDAMENTAL PURPOSE; OR (3) AGGREGATE ACCOUNTABILITY FOR ANY CLAIMS CORRELATING TO THE ANTI-JOY SERVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN $1,000 (one thousand USD), TO THE RANGE ADMISSABLE BY APPROPRIATE LAW.
YOU SHALL ENSURE AND RETAIN HARMLESS, ITS SUBSIDIARIES AND ASSOCIATES (INCLUDING ANY EXECUTIVES, MEMBERS, WORKERS, AND OTHER SPOKESPEOPLE) AND THE STORES OF AND AGAINST ANY CLAIMS, LOSSES, HARMS, OBLIGATIONS, AND EXPENSES INCLUDING, WITHOUT RESTRICTION TO, LEGAL EXPENSES AND COUNSEL FEES, EMERGING OUT OF ANY INFRINGEMENT OR ALLEGED VIOLATION BY YOU OF THE ABOVE PLEDGES AND REPRESENTATIONS AND/OR USAGE OF THE RECORDINGS OR CONTENTS AS ALLOWED HEREUNDER.
19. Complete Agreement
Other than as declared in this segment or as explicitly consented upon in writing between you and Anti-Joy, the Agreements form all the terms and conditions agreed upon between you and Anti-Joy and supersede any prior agreements about the subject matter of these Agreements, whether written or spoken.
Unless as otherwise declared in the Agreements, should any requirement of the Agreements be held unreasonable or unenforceable for any purpose or to any degree, such inconsistency or unenforceability shall not in any way affect or render unreasonable or unenforceable the outstanding terms of the Agreements, and the utilisation of that stipulation shall be made to the degree authorised by law. Any negligence by Anti-Joy to reinforce the Agreements or any requirement thereof shall not waive Anti-Joy's or the appropriate third-party beneficiary's freedom to do so.
Anti-Joy may specify the Agreements or any section of them, and We may assign any of its responsibilities under the Agreements. You may not indicate the Agreements or any portion of them, nor sell or sub-license your rights under the Agreements, to any third-party.
To the entire degree sanctioned by appropriate law, you consent to assure and keep Anti-Joy and Deep Sound Records harmless from and against all harms, losses, and expenses of any sort (including reasonable attorney charges and expenses) emerging out of: (1) your violation of this Agreement; (2) any material provided by you to the Services; (3) any activity in which you engage upon or within the Anti-Joy Services; and (4) your breach of any law or the benefits of a third-party.
23. Force Majeure
Anti-Joy takes no responsibility or blame for malfunctions in providing any of our Services if an incident outside Anti-Joy's control causes them. Force Majeure means a situation beyond our power which limits us from complying with any responsibilities under this Agreement. These situations include, but are not defined by, fires, earthquakes, tidal waves, floods, combat, hostilities, attack, prohibition, revolution, civil war, protest, sit-ins, lockouts, acts or threats of terrorism, disturbance, breakdowns of federal or private telecommunication channels, third-party force majeure and epidemic.
Should an incident of Force Majeure happen, Anti-Joy will inform you as quickly as plausible and give an approximation when due accomplishment can be expected. You may cut your subscriptions with our Services if Force Majeure influences your Services provided by us.
The Agreements and our Services shall be overseen by the authorities of Denmark and any conflict concerning this Agreement shall be presented to the exclusive jurisdiction of the District Court of Copenhagen, Denmark, as the first instance.
25. Modifications to the Agreement
Infrequently we might, in our discretion, make modifications to the Agreements. When we make substantial changes to the Agreements, we'll provide you with notice as relevant under the conditions, e.g., by showing a notice within the Services or by emailing you. In some situations, we will inform you prior, and your maintained use of the Services after the modifications have been made will constitute your approval of the modifications. Please, therefore, make sure you understand any such notice mindfully.
26. Contact Us
If you have any questions at all concerning the Anti-Joy or Deep Sound Records Services or Agreements, please contact our Customer Support.