Distromint Terms of Service

Welcome to DISTROMINT’s INC site (DISTROMINT, us) https://distromint.com.

Please read these terms and conditions that govern our service before using it. By accessing the website and/or using the services offered by us through the said site, you agree to be bound by these terms and conditions, which may be modified at any time at the discretion of DISTROMINT. If you do not agree with these conditions, we invite you to use another service that meets your expectations.

It is your responsibility to read these terms periodically. Any modification to these terms will become effective from the moment they are published on the website. Your use of the DistroMint website and services will be understood as your binding acceptance of this agreement. Likewise, we ask you to review our PRIVACY POLICY, which also governs your use of the DistroMint Services, so that you are aware of our practices as well as the means that you have at your disposal to exercise your rights of access, rectification, cancellation, and opposition to your personal data.

The use of the service and access to the DistroMint site will be understood as a binding acceptance of the use that we will give of your personal data. The terms and conditions may change at any time without prior notice or notification, beyond their publication on the website. By using the service, you accept the modifications made at all times to these terms and conditions and all their parts.

1. General terms

These terms and conditions should be understood as the set of these conditions of service, the terms of distribution, the privacy policy, the cookie policy, and the conditions of service applicable to each type of subscription plan. By accessing the https://distromint.com site, you accept the link to these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any local laws in your country. If you do not agree to any part of these terms, you are prohibited from using the service or accessing the site. The material contained in this site is protected by applicable intellectual property laws.

For the purposes of these terms, the following terms shall be understood as defined below:

Service: The service to which these terms refer consists of the set of actions carried out by DistroMint, through its subsidiaries and collaborators, related to the distribution of the musical works of its users (the songs) in accordance with the applicable subscription plan, including but not limited to the placement of the songs in digital stores and streaming platforms with which DistroMint maintains commercial relationships and which can be consulted on the website; the design of all kinds of promotional images and graphics for the songs and artists; the collection of royalties for reproductions and the payment of the percentages that correspond to the artist, in accordance with its distribution plan and these conditions of service; the measurement of results and audiences on the reproductions of the songs; and all those that in the opinion of DistroMint and within the terms of these conditions are necessary for the optimization of results in the distribution of users' songs.

Content: All the songs, graphics, fonts, photographs, and videos contained on the website, whether owned by DistroMint or uploaded to its platform by its users, in accordance with the provisions of these terms. User: (You) Natural person who uses the service, with a user account or not, thus, making available to us the songs on which we presume you have sufficient rights or authorizations for this purpose unless proven otherwise. He is ultimately responsible for any violation of any kind claimed by third parties regarding his songs and any other material uploaded to our platform Songs: Musical works with or without lyrics that are uploaded to the platform by users for distribution according to the plan applicable distribution. Royalties: Payments from digital stores with which DistroMint maintains an active relationship, for the right to broadcast sounds, as well as payments made for the right to allow access to the public of said sounds, transmitted over the internet, which are charged by DistroMint and paid to the user less the corresponding percentage for the service according to the applicable plan. To pay the royalties we need to validate your identity with the documentation request

Distribution plan: Specific conditions according to the type of subscription chosen by the user, whether it is free or paid for its distribution plan. The first is the general services provided by DistroMint, and the second is the Medium and Maxi subscription with certain benefits detailed in the corresponding distribution plan.

2. Website

Your use of the DistroMint website, regardless of the plan you choose, constitutes a personal use license, which in no way authorizes you or any third party close to you any use other than that strictly related to your musical works, whether of your authorship or with which you own the distribution rights in writing. The service is aimed at people over 18 years of age with the capacity to be bound according to Mexican laws, and who are subject to obligations and rights. If you are under 18 years of age, you may use the service with the authorization of your parents or guardians. The minimum age to use the service is 13 years old.

The following are actions that you are particularly prohibited from using our platform:

1. Fix, record, produce, reproduce, store, distribute, communicate, make available, transport, or market the software on the site, as well as any type of material contained therein, including sounds, names of artists, images, graphics with and without animation, programming code, etc.
2. Use, in whole or in part, any type of content on the website for commercial uses or public distribution, for commercial and non-commercial purposes.
3. Reverse engineer or decompile all or part of any software contained on the website;
4. Omit or remove any copyright as well as any other rights holder of the songs;
5. Transfer or offer to download the content on any other server other than ours.
6. Any violation of the provisions of these terms will result in the immediate and automatic termination of the license to use the service, the time of said termination being at the sole discretion of DistroMint. In this case, you must destroy any type of content downloaded and found in your possession, whether in digital or printed format.

Regarding the accuracy of the content on the website, we recognize that it may present technical, typographical, or photographic inaccuracies. We do not guarantee that the content of the website is error-free, complete, or up-to-date. We may make changes to the content and your information at any time without giving you or anyone else any notice. However, we are not obliged to commit to update such content.

DistroMint has not reviewed all of the links (URLs) hosted on the website and is not responsible for the content of any destination to which they may lead. The inclusion of any link on the website does not imply in any way the approval or certification by DistroMint of the destination. Use the website and access the links that appear on it at your own risk and responsibility.

3. Disclaimer

1. The content on the website is offered under the conditions and characteristics in which it is found. We do not offer any type of guarantee, express or implicit, on the success of the distribution plans or on the protection of intellectual property and any other type of rights between users of the service, as well as between them and third parties outside of DistroMint.
2. In addition, we cannot give any guarantee about the suitability, results, or safety of the use of the service or its content, as they are conditions that do not depend on us but on a set of external factors beyond our control. You choose our service for being in accordance with your expectations and in gratitude for this, we will put all the efforts that correspond to us for the success of the distribution strategies of the songs that you put at our disposal.
3. The payment of royalties will be made in accordance with the conditions of each applicable distribution plan in each case. As long as it complies with the service conditions of the applicable distribution plan, the user has a period of 1 year to claim the charges generated by their songs, counted from the generation of the royalties in question.
4. DistroMint will not be responsible in any case for the compensation of any type of damage (including but not limited to damages for data lost due to technical or business reasons) related to the use and impossibility of using the contents of the website, even if DistroMint or an authorized representative has been notified in any way of the possibility of the realization of such damage.
5. Intellectual Property - The content of the site, excluding songs or user data and works, is the intellectual property of DistroMint. Trademarks, logos, and any other material is protected by the provisions of industrial property and copyright in accordance with Mexican and US laws, as well as the other countries where we have a presence. You acknowledge and agree that the site and its content, as well as all intellectual property rights involved, are the exclusive property of DistroMint and its licensors.

You will not remove, modify or hide any notice that indicates that any content on the website or otherwise is protected by any intellectual property provision. All trademarks, logos, and trade names, as well as designations used by DistroMint, are the exclusive intellectual property of DistroMint.

Regarding the songs and the content that is uploaded by the users, DistroMint receives the license for the distribution for the retransmission of said content, presuming as the owner and owner of all the copyrights, trademarks, and related rights to the user that it makes available from DistroMint any type of content, songs, stage names, photographs, authorship information, comments, etc. The user is entirely responsible for the veracity of the information made available to DistroMint, leaving the latter safe from any legal claim from third parties for any reason related to the content that the user makes available to DistroMint, particularly but not limited to claims on any type of aspect of intellectual property, including but not limited to the use of phonograms, samples, lyrics, voices, images, artistic names, author names, brands of any kind, slogans, commercial names and any other type of right that results from the songs commented.

By using the service, you, the user, declare that you are the owner of the songs and content that you make available to DistroMint, agreeing to indemnify DistroMint Inc, as well as any of DistroMint's affiliates and collaborators at any scale, from any type of expense incurred by legal claims of third parties related to the songs or content that the user made available to DistroMint. In accordance with Mexican legislation, DistroMint acts under the terms of "Online Service Provider" for the services it offers.

By using our service, the user accepts that DistroMint will not be responsible for the infractions, as well as the data, information, materials, and content that are stored or transmitted or communicated through its systems or networks, and in the cases that direct or link users to an online site, since when notified of infractions, in an expeditious and efficient manner, DistroMint will remove, withdraw, eliminate and disable, as the case may be, access to materials or content arranged, enabled or transmitted in the broadcast media under DistroMint control that have received a complaint of a violation of copyright or related rights, and that is hosted on DistroMint's systems or networks, once the complaint is received, either by notice of a third party or by the resolution of the competent authority, of the alleged infringement, without prejudging the veracity of the same.

Any person who wishes to file a complaint because they consider themselves the owner of the copyright or related rights, without prejudging their quality of ownership of rights with respect to the work (s) claimed, must include the information in the notice submitted to DistroMint following:

1. Name of the owner or legal representative and means of contact to receive notifications;
2. Identify the content of the claimed infringement;
3. Manifest the interest or right with respect to copyright, and
4. Specify the data of the electronic location to which the claimed infringement refers.

Likewise, DistroMint may withdraw, disable or suspend unilaterally and in good faith, access to the publication, dissemination, public communication, and/or exhibition of material or content, to prevent the violation of legal provisions or obligations derived from contractual relationships or legal, taking in any case reasonable measures to notify the person whose material is removed or disabled.

At its sole discretion, DistroMint may exercise the termination of accounts of repeat offenders of the behaviors described, using effective technological measures and/or algorithms at its disposal to detect copyright violations. The user whose content is removed, withdrawn, eliminated, or disabled, under the previous procedure, due to probable infringing behavior and who considers that DistroMint is in error, may request that the content be restored through a counter-notice, in the that it must demonstrate the ownership or authorization with which it has for that specific use on the content removed, withdrawn, eliminated or disabled or justify its use according to the limitations or exceptions to the rights protected by Mexican legislation.

DistroMint must report the counter-notice to the person who presented the original notice, and, at DistroMint's judgment and discretion, enable the content in question based on what was stated by the affected user, unless the person who submitted the notice original initiates a judicial or administrative procedure, a criminal complaint or an alternative dispute resolution mechanism within the applicable jurisdiction in accordance with these terms within a period of no more than 15 business days from the date on which DistroMint has reported on the contra - notice to the person who presented the original notice. In the event that DistroMint detects a misuse or malicious use of the previous procedure, it will proceed to identify the user or users who engage in this conduct and will ignore subsequent claims or notices.

4. Applicable legislation and jurisdiction