Terms and Conditions of Use
1. Company details.
1.1. 3tone Music Limited (company number 11518956) is a company registered in England and Wales, and our registered office is situated at Office 7 St. Nicholas Street, Bristol, England, BS1 1TG (“Company”). We operate the website https://3tonemusic.com (“Website”)
1.2. Contacting us. To contact us, email: support@3tonemusic.com
1.3. Last Updated on: 1st September 2022
2. Our Agreement.
2.1. The terms and conditions of use set out in this agreement (“Agreement”) are legally binding between you (“User”, “you” or “your”) and 3tone Music Limited (“we”, “us” or “our”) and apply to your use of the Website and any of its related products and services as specified in paragraph 6 below for the purpose of distributing your Deliverables (“Services”). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade, custom, practice or by course of dealing.
2.2. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement effective from the date you commence using the Website and Services.
2.3. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If the foregoing applies then the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services.
2.4. We reserve the right to amend and update this Agreement from time to time and will notify you in writing of the same. Your continuing use of the Services shall be deemed your acceptance of the amended Agreement.
3. Grant of Rights
3.1. By subscribing to our Services and using our Website you now grant to us a non-exclusive licence throughout the world (“Territory”) during the Term (defined in paragraph 4):
3.1.1. To use, sell, copy, reproduce, distribute, publish, broadcast, perform, communicate to the public, sublicense, market, promote, store, print, rent or lend, edit, translate, modify or adapt, the Deliverables (defined in paragraph 5);
3.1.2. And otherwise use the Deliverables in whole or in part by all means and media through any and all digital music retail stores (“Consumer Stores”) (e.g. Apple Music, Amazon, Spotify, Deezer, etc) now operating or becoming available;
3.1.3. To collect income deriving therefrom;
3.1.4. To use your name, photographs, approved likeness, approved artwork, and approved biographical material in connection with exploitation of the Deliverables, the promotion of thereof as well as the promotion of the Services. All materials delivered to us by you hereunder shall be deemed “approved” for the purposes of this paragraph 3.1.4.
3.1.5. To authorise others to exercise any of the rights set out in this Agreement.
3.2. For avoidance of doubt, we shall not distribute the Deliverables via physical distribution of pre-manufactured vinyl records, cassettes, CDs or DVDs unless otherwise agreed by both parties in writing.
3.3. We shall be entitled to authorise the creation and exploitation of so-called user generated content (“UGC”) which reproduces your Deliverables. The foregoing is subject to the tools available on the Consumer Store which allows the end-user to create UGC. UGC shall include but is not limited to:
3.3.1. Any audio and audio-visual “remixes” which combine the Deliverables with recording(s) which are not the subject of this Agreement and which are merged in a single edit or edited together, mixed, remixed, or otherwise “mashed up”;
3.3.2. Any visual or audio-visual material which manipulates still or visual images.
4. Term
The Agreement starts on the date you subscribe to our Services. The agreement is for one (1) year and will automatically continue until the date that written or electronic notice is given by you to us. The period of duration of the Agreement is referred to as the Term.
5. Deliverables
5.1. Deliverables shall include audio recordings and audio-visual material, images and artwork in connection with Deliverables.
5.2. The Deliverables must be technically suitable for commercial release, be compliant with the rules of the Consumer Stores to which the Deliverables will be uploaded and otherwise meet the technical requirements (e.g. format type, dimensions) more details of which can be found by following this link: (“Technical Specifications”).
5.3. We have the right to reject Deliverables if they do not fit the Technical Specifications. In such event we will ask you to resubmit the Deliverables specifying the correct Technical Specifications for each element of the materials submitted.
5.4. If a Consumer Store rejects material for not meeting their requirements or for any other reason, we will communicate this to you but will not be liable for this. The responsibility is with you to request and read the specific Consumer Store guidelines and submit suitable material.
5.5. You agree that you own the right to the Deliverables and have obtained all necessary licences for the Compositions necessary under the Copyright, Designs and Patents Act 1988.
5.6. For avoidance of doubt, you always retain the ownership of the copyright in your Deliverables subject to the non-exclusive licence under this Agreement. Please bear in mind that if you seek to join a different service and upload recordings which have been delivered and uploaded under this Agreement then it is likely that the recordings could be flagged for takedown as duplicates.
5.7. You shall submit all Deliverables to us within a reasonable and pre-determined time for release and distribution in an agreed format. We will use reasonable endeavours but shall not be obliged to comply with your release deadline, there are strict deadlines set by Consumer Stores for release by dates which are your responsibility to determine. If you are late to submit Deliverables ahead of a release deadline we will do all we reasonably can to ensure that your Deliverables meet your release deadline however cannot be held responsible if for any reason the deadline is missed. We are not in any event obliged to commence Services before receipt of all necessary Deliverables.
6. Services we offer
6.1. In addition to the rights of exploitation you grant to us in paragraph 3.1 which form the basis of the Services, we also offer additional “opt-in” services (“Additional Services”), which are determined by the Services package you choose when signing up.
6.2. Further services may be made available to you by us on a case-by-case basis (Label Services) and will be followed by an additional Label Services Agreement.
6.3. We are not obliged to provide any Services beyond those you have specifically chosen and paid for. Accordingly, if for reasons outside of our control an element of the Service becomes unavailable due to a failure by a third party supplier, we shall user best endeavours to obtain an alternative suppler for the service but are not responsible or liable for such failure.
6.4. Limitations exist for all Additional Services offered under the ‘PLUS’ and ‘PRO’ packages as listed on our Website and are as follows:
| Service | Limitation |
| Vevo channel creation | Subject to submission of all necessary content by you to us via the relevant form obtained from our team and the eligibility criteria set out by the relevant Consumer Store.
Service is limited to one channel per artist per account.
Channel name to not exceed 20 characters including ‘Vevo’ for example ‘ArtistNameVEVO’.
|
| Vevo music video pitching | Subject to submission of all necessary content by you to us via the relevant form obtained from our team and the eligibility criteria set out by the relevant Consumer Store.
Service is limited to one artist per account.
Success is subject to the final decision of the Consumer Store and is not guaranteed. |
| 3tone representative | Response time may vary, we aim to respond to every query within 5 working days. |
| Spotify, Apple Music, Amazon & Deezer editorial pitching. | Subject to submission of all necessary content by you to us via the relevant form obtained from our team and the eligibility criteria set out by the Consumer Store.
Success is subject to the final decision of the Consumer Store and is not guaranteed. |
| Official chart registration (UK, USA, Canada, Australia & New Zealand). | Subject to submission of all necessary content by you to us via the relevant form obtained from our team and the eligibility criteria set out by the Official Chart company or equivalent.
Service is limited to one artist per account.
|
| Option for Facebook, Instagram & TikTok verification. | Subject to submission of all necessary content by you to us via the relevant form obtained from our team and the eligibility criteria set out by the relevant Consumer Store. Service is limited to one artist per account.
In the event a submission is rejected, we cannot resubmit the application for 30 days.
|
| Performance and mechanical royalty collection. | Subject to submission of all necessary content by you to us via the Publishing Administration sign up form and eligibility criteria obtained from our team.
Service is limited to one artist per account.
|
7. Payment
7.1. We will pay you 100% of Net Income (Net Income definition is Company’s actual receipts less Company’s administration fee and third party service fees, which together will not exceed 15% but excluding tax and any exchange rate variations or excess transaction fees per paragraph 7.3 below). Subject to any agreement counter to this (i.e., Label Services).
7.2. Earnings will be calculated monthly and we shall use reasonable endeavours to report the same within 45 days of the end of the applicable calendar month via our Website. For example, sales earnings in March will be reported (subject as aforesaid) by 15th
7.3. Payments are made in pounds sterling via secure payment provider with all reasonable transaction charges absorbed by us. If you wish to be paid in any other currency and our transaction charges exceed 5% then we will deduct the excess from the amount payable to you. If you wish to be paid in any other currency then you must notify us in writing within 60 days.
7.4. Royalty payments may be frozen if material submitted is fraudulent, illegal or violates our terms and conditions.
7.5. If the accumulated outstanding earnings are less than 50GBP then, unless otherwise agreed by you or us, we will not be obliged to pay you the amount shown on your account but will instead roll over the amount earned into the following sales period. Once earnings on the account exceed 50GBP you will be entitled to receive the amount shown to be due.
7.6. Payments must be requested via our Website. If we fail to provide you with access to the Website for reasons such as maintenance work, a payment request can be sent via email from your verified email address and any request will be subject to security checks by our team.
7.7. We do not allow audits of your account. However, if you believe there has been a material misstatement of the amounts due to you in any one period then you shall be entitled to notify us in writing of the same and we shall use best endeavours to investigate the issue and will report back to you within 45 days of receipt of your notice. You acknowledge that we have no obligation to amend your account following the completion of our investigation.
7.8. If we over-pay you for any reason then we shall be entitled to request that you immediately repay the amount overpaid failing which and in any event we shall be entitled to deduct the amount the over-payment from the following period’s earnings.
8. Your account
8.1. You are responsible for maintaining the security of your account.
8.2. We may monitor and review your account.
8.3. Providing false information may result in the account getting terminated.
8.4. You must immediately notify us of any unauthorised use of the account or any breaches of security.
8.5. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
8.6. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account.
8.7. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions.
8.8. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
9. Subscription Fees
9.1. Subscription fees are dependent on your chosen package and are listed on our Website.
9.2. Subscription will auto-renew 1 year after your initial sign-up date using the billing details provided by you. You may change your billing details at any time via our Website.
9.3. If you choose to upgrade your subscription, a pro rata share of the original subscription fee will be deducted from your new subscription fee based on the time remaining until your subscription renewal date.
9.4. Subscription payment default will result in you losing access to the Services. However, you will still have access to your account for the purpose of renewing your subscription.
9.5. We reserve the right to renegotiate pricing and amend packages in line with industry developments. We will notify you of any changes to our pricing structure within 30 days of changes taking place. Changes will be applied to your next billing cycle providing this exceeds the 30 day notice period.
10. Termination Policy
10.1. You may terminate your subscription with us at any time by giving 1 day notice via your account on our Website.
10.2. You are responsible for requesting a takedown of your Deliverables prior to terminating your subscription. Take-down requests will be processed within 30 days and your Deliverables will be removed from all Consumer Stores. You may elect to notify us that you do not require us to remove your Deliverables until we receive notice from the Consumer Store that a third party has uploaded your Deliverables to their platform, at which point we will relinquish any claim we have to Deliverables. The foregoing is subject to our right to receive all income earned from the Deliverables up to the date of relinquishment. This process ought to ensure that you will not lose your play count on the Consumer Store, subject always to the terms and conditions of the relevant Consumer Store, for which we take no responsibility whatsoever.
10.3. We have the right to terminate this Agreement if we believe you are engaging in fraudulent or illegal activity, or following any behaviour deemed by us as threatening, disrespectful, unprofessional, or otherwise carried out by you or any associated parties. In this case, you would not be eligible for a refund.
10.4. Following the termination any royalties received into your account will continue to be collected by us and may be requested by you via email. If the amount accumulated has reached 50GPB royalties will be paid out to you.
10.5. You may renew your subscription within 1 year after the cancellation date to regain control of your account and access royalty analytics.
10.6. Refunds will only be given if we are proven to be in direct violation of this Agreement.
11. Warranties
11.1.You hereby warrant that:
11.1.1. You are free to enter this agreement and make these grants herein contained free and clear from all liens claims and encumbrances and gives all necessary consents under the Copyright, Designs and Patents Act 1988 and under all subsequent legislation (including without limitation the right to communicate to the public and the making available right).
11.1.2. The Deliverables and all other material (e.g., artwork/photographs etc) are unencumbered and original copyright works and are neither defamatory nor obscene and will not infringe the rights or copyright of any third party.
11.1.3. We shall be entitled to use the applicable artist’s name, approved likenesses and approved biographies throughout the Territory in connection with the exploitation of the Deliverables.
11.1.4. The artist(s) whose performances are embodied in the Deliverables shall not assert all so-called moral rights arising under this Agreement against the us and/or our licencees and/or agents authorised by us (whether under a specific licence or a blanket licence) or the Consumer Store.
11.1.5. You shall fully indemnify us on an indemnity basis for any loss or damage or cost or expense (including without limitation legal expenses on an indemnity basis) suffered by us and resulting directly or indirectly from a breach of the grant of rights and warranties provided by you. Without limitation to the foregoing we shall have the right to withhold the payment of any and all monies owed to you hereunder in the event of any breach by you and/or in the event of any claim arising as a result such breach by a third party in an amount commensurate with such event and (without prejudice to its other rights of recovery hereunder) to use and apply any and all such monies pursuant to the terms of this indemnity provision.
11.1.6. All information provided for and on behalf of you to us with respect to the Deliverables (including the music copyright and all metadata); or to the Artists, shall be true, complete and accurate and all such information shall be provided by you as soon as the Deliverables are made available to us for exploitation hereunder.
11.1.7. Subject to the terms of this Agreement you will not do anything during the Term to prejudice hamper or derogate from the rights granted to the Company hereunder.
12. Links To Third Party Websites
We do not assume responsibility or liability for the actions, products or services and content of any other third parties. You should carefully review the terms and conditions of any resource which you access through a link on the Website and Services.
13. Stream Manipulation and Artificial Streaming
13.1. “Artificial Streaming” means any activity which involves the creation or manipulation of streaming counts and/or sales by human or non-human means (for example via use of bots, viruses, click-farms or inauthentic accounts etc.). If we are notified by a Consumer Store that your Deliverables have been the subject of artificial streaming, we will inform you in writing.
13.2. If you believe that the report of Artificial Streaming is incorrect, then it is your responsibility to take it up directly with the Consumer Store. In such circumstances you shall notify us in writing of your intention to contact the Consumer Store and subsequently keep us updated on the progress of any appeal. In the meantime, your account will be suspended until such time as the matter has been resolved.
13.3. If you are unable to resolve the matter in accordance with paragraph 13.2 above or if reports of artificial streams do not decrease over a period of three months then we reserve the right to immediately remove your Deliverables from all Consumer Stores and to remove your Deliverables from your account on our Website. Persistent Artificial Streaming reports associated with your Deliverables will be a breach of this Agreement and may result in your account being terminated.
13.4. For the avoidance of doubt artificial streams will not result in earnings being generated in accordance with the policies of the relevant Consumer Store.
1If you are not clear as to what artificial streaming or stream manipulation is, then please head over to Spotify via this link: https://artists.spotify.com/video/what-is-artificial-streaming for a thorough and informative breakdown of the topic.
14. Personal Information
Where applicable, we will only use your personal information as set out in our Privacy Policy.
15. Miscellaneous
15.1. Entire Agreement: The parties agree that this Agreement and any documents entered pursuant to it constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter. Each party acknowledges that it has not entered into this Agreement, or any documents entered into pursuant to it in reliance on it, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement or any documents entered into pursuant to it, except in the case of fraudulent misrepresentation. No party shall have any claim for innocent or negligent misrepresentation based on any statement in this
15.2. Notices: Notices under this Agreement shall be in writing and sent to us using the contact details in paragraph 1.2 and to you using the contact email address you used to register for the Services. Notices may be given and shall be deemed received on receipt of a delivery return email. This clause does not apply to notices given in legal proceedings or arbitration.
15.3. Severance: If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement shall not be affected.
15.4. Survival: Provisions which by their terms or intent are to survive termination of this Agreement shall do so.
15.5. Waiver: No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under this Agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise of any right, power or remedy provided by law or under this Agreement shall prevent any future exercise of it or the exercise of any other right, power or remedy.
15.6. Third party rights: No one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its provisions.
15.7. Governing law: This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
15.8. Jurisdiction: The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).