Formally, the provider of the service and responsible of the Platform is SINFONIASUBLIME UNIPESSOAL, LDA, which is a limited liability Company constituted and existing under the laws of Portugal, with legal address in Avenida Da Liberdade N. 866 - 3L 3700-164 São João Da Madeira (Portugal), Tax ID #515947687 and registered at the Commercial Register of São João Da Madeira with Company Registration Number São João Da Madeira. Our contact information can be found in the "Contact" Tab of the "Legal" section in your account.
The SINFONIASUBLIME DISTRIBUTION services shall be provided in accordance with:
“Customer”: refers to any individual that accesses or makes use of a Digital Music Service.
“Digital Distribution”: means the transferring by any means of data transmission or communication, through the internet, internet radio, kiosks, in-store listening posts, mobile, wireless, satellite and similar communication systems, whether now known or existing in the future, of the End User Content in multiple digital formats including but not limited to clips, permanent downloads, subscriptions, streams and timeout-downloads, ring-tones and ring-back tones and any other means.
“Digital Music Service”: means any digital outlet, such as music download portals, music and video streaming services, mobile music platforms, digital (and terrestrial) radio stations, digital (and terrestrial) television networks, and mobile networks (each a “DMS”, i.e.: Apple iTunes, Spotify, Tidal, Google Play, etc.), that enables Customers to purchase and/or listen to End User Content.
“End User”: that’s You (hereinafter, the End User), which is an artist, songwriter, author, producer, agent (including royalty recipients), rights holder or others who are authorized and entitled to exploit certain music (including the composition and the recording) and to use the Platform, the Platform API or portions thereof.
“End User Content”: means all intellectual property works (including without limitation musical works, recordings, video clips, ring-tones, real-tones, lyrics, logos, covers and photos) as to which the End User has the necessary exploitation rights, including “Neigboring Rights”.
“Platform”: refers to the digital music distribution platform available at https://www.distribution.sinfoniasublime.com or your designated subdomain.
“Service”: means the service provided by Us through the Platform, in order to make the End User Content available on Digital Music Services (here, the Digital Distribution Services). Hence, these are the rights and obligations of each of us:
2.2 For information purposes, the features of the Platform include but are not limited to:
2.3 Furthermore, You undertake that You have all necessary rights in respect with Your Content to exploit it through the Platform and, therefore, give us the administration of your Content as requested by You at each time, in the terms described in Section 6. This right and authorization is granted on an exclusive basis for those Digital Music Services on which You decide to make Your Content available through our Service; this means that if You use the Service to make Your Content available in an specific Digital Music Service, You can’t make the same content available in the same Digital Music Service using a service different than the Service and the Platform.
3.1 By registering and uploading Your Content on the Platform, You assume and undertake, essentially, the following obligations:
3.2 You undertake to use diligently the Platform and, therefore, undertake:
3.4 After registration, You can upload Your Content (including sound recordings and audiovisual works, photographs, images, and other related content) to your personal account, for their subsequent Digital Distribution.
3.5 You can only upload content to the Platform for which You are the owner or have the rightsholders’ permission in writing, and cannot upload any content whose rights are held by third parties. We may ask you to facilitate to Us all documents, contracts and registration certificates necessary to confirm that you own the rights of Your Content and reserve the right to ask you not to upload content from a specific author or producer, or We may also remove any of Your Content from the Platform for which We don’t have the legal conviction that it belongs to You.
3.6 As specified before, You can’t, under any circumstance, upload any content that could be harmful, threatening, unlawful, confidential, defamatory, libelous, harassing, obscene, indecent, fraudulent, infringing the rights of privacy, incites hate or includes texts of racist, ethnic or other nature, that is against or hinders or limits in any way any individual, or which may expose Us or third parties to any harm or liability of any kind.
3.7 You can’t either upload any private or fake information of any third party, including, among others, mail addresses, phone numbers, and email addresses.
3.8 You are not allowed to upload any content that may breach copyright law or third party brand ownership
3.9 As We specified before, You are free to exploit Your Content, directly or through third parties, to Digital Music Services which are not selected or made available on the Platform.
4.1 By using the Service, You shall pay to Us the fees corresponding to the Services contracted, which can be found at any time in the "My Account > Pricing" section of your Account.
Additionally, You will receive 70.00% of the net incomes (deducting expenses and taxes) which We receive from Digital Music Services from the exploitation of Your Content. If applicable, You authorize Us to deduct 30% sales commission percentage from the net incomes received by Us from Digital Music Services.
The abovementioned Service fees, sales commission percentage and the minimum payment threshold for You are listed in the Platform, in the "My Account > Pricing" section.
4.2 All payments and associated claims: (i) will be made through the corresponding "Sales->Balance" section of the Platform; (ii) will be made in the currency stated by Us; and (iii) will be payable via PayPal or bank-to-bank wire transfer to the account designated by You. If any authority imposes a duty, tax, levy, or fee, You agree to pay that amount or supply exemption documentation.
The payment of an invoice will not later prevent Us from disputing the invoiced amounts pursuant to any rights herein. We may recoup any amounts due to Us from You by withholding such amounts from any fees otherwise due in the future and providing notice thereof.
4.3 If any Digital Music Service deducts any amount due to any passed contingency, overpayment or conclusion in relation to Your Content or an investigation by Us reasonably demonstrates that any of Your fees for any prior month should have been lesser, We may, at the conclusion of such investigation and at our sole discretion, provide a revised sales report for the applicable month(s) and deduct the corresponding amount from future payments, what You acknowledge and accept.
4.4 Therefore, You expressly and irrevocably authorize Us to collect all incomes from the exploitation of Your Content through the Platform, including but not limited to author rights, performing and recording rights, any levy established by law for private copies, or for any other concept, without limitation. For this purpose, We may ask you to sign a specific authorization letter as solicited by the corresponding Performing Right Organization, which You undertake to provide as soon as requested by Us.
4.5 We will make any corresponding invoices and receipts, including mandatory taxes, available to You according to the applicable regulations.
4.6 We reserve the right to change in the future the Service price, the sales commission percentage or the minimum payment threshold, in which case the new terms will be notified to You not less than thirty (30) days prior to the effective date and will be applicable to future incomes.
4.7 We may decide not to charge you initially for the use of the Service and any optional service, however, You authorize Us to deduct the corresponding amounts from your future payments.
In the event that after one year from the start of the relationship, You have distributed Your Content on credit, without having generated enough sales to pay back the outstanding balance, We reserve the right to request the payment of the outstanding balance.
4.8 Audits: We will maintain accurate and complete records of account including all documentation needed by You to compute and verify the fees payable to You in connection with the performance of our agreement. During the Duration of our relationship and the three-year period thereafter, upon reasonable advance written notice, but in no event less than 30 calendar days’ notice, an independent reputable certified accounting firm appointed by You, will have the right to examine those records at any time during our normal business hours at the place where such records are normally maintained. You will have the right to audit your records only once a year.
In the event of termination, You must pay all outstanding amounts to Us in a maximum period of five (5) days from the notification date or We will transfer to you any positive balance, whichever is the case. Prior to requesting the termination, You must remove the Content from the DMSs using the "Takedown" functionality that is available to you within the Platform. Moreover, in the event of termination, You authorize Us suspend your account, block your access to your account and delete all the files and information uploaded by You to the Platform. The termination shall not affect the accrued rights and obligations of the parties at the date of termination.
5.2 Additionally, We may terminate our relationship and the Service:
6.2 When You upload any of Your Content to our servers through the Platform, you are recognizing the following:
SINFONIASUBLIME UNIPESSOAL, LDA
Avenida Da Liberdade N. 866 - 3L
3700-164 São João Da Madeira (Portugal)
10.6 Confidentiality: In the event We provide any kind of information to you (including but not limited to statistics of the Platform, performance KPIs, marketing material, etc.) You agree to treat such information as confidential and in no event shall be utilized (for its benefits or for third parties), disclosed, transmitted to third parties or made public in any way by You without our prior written agreement.
10.7 Law and Jurisdiction: This Agreement shall be governed and construed in accordance with the laws of Portugal. When valid by law, any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be São João Da Madeira (Portugal). The language to be used in the arbitral proceedings shall be English. However, if local regulations establish any kind of limitation based on the nature of the End User, any claims or lawsuits between the parties will be resolved by the Courts of the city of São João Da Madeira (Portugal).
We ask for only the least amount of information necessary, gathering only what we believe is essential for doing business, or for the specific transaction at hand.
The goal of this policy is to make explicit the information we gather, how we will use it, and how we will not. This policy is unfortunately longer than we would like, but we must unambiguously address all the relevant cases. We will try and keep the language simple and direct as much as possible.
This part deals with how SINFONIASUBLIME DISTRIBUTION collects and uses information about website visitors, potential customers, users of SINFONIASUBLIME DISTRIBUTION's products and services, and others who contact SINFONIASUBLIME DISTRIBUTION through forms or email addresses published on or linked to our websites.
This part deals with how SINFONIASUBLIME DISTRIBUTION handles data that you entrust to SINFONIASUBLIME DISTRIBUTION when you use our products and services, or when you share any personal or confidential information with us while requesting customer support.
We collect information about you only if we need the information for some legitimate purpose. SINFONIASUBLIME DISTRIBUTION will have information about you only if (a) you have provided the information yourself, (b) SINFONIASUBLIME DISTRIBUTION has automatically collected the information, or (c) SINFONIASUBLIME DISTRIBUTION has obtained the information from a third party. Below we describe the various scenarios that fall under each of those three categories and the information collected in each one.
Information that you provide us
Information that we collect automatically
Information that we collect from third parties
In addition to the purposes mentioned above, we may use your information for the following purposes:
Legal processing bases applicable to SINFONIASUBLIME DISTRIBUTION : If you are an individual from the European Economic Area (EEA), our legal basis for information collection and use depends on the personal information concerned and the context in which we collect it. Most of our information collection and processing activities are typically based on
Opt out of non-essential electronic communications : You may opt out of receiving newsletters and other non-essential messages by using the ‘unsubscribe’ function included in all such messages. However, you will continue to receive notices and essential transactional emails.
Disable cookies : You can disable browser cookies before visiting our websites. However, if you do so, you may not be able to use certain features of the websites properly.
Optional information : You can choose not to provide optional profile information such as your photo. You can also delete or change your optional profile information.
Third-party service providers : We may need to share your personal information and aggregated or de-identified information with third-party service providers that we engage, such as marketing and advertising partners, event organizers, web analytics providers and payment processors. These service providers are authorized to use your personal information only as necessary to provide these services to us.
Other cases : Other scenarios in which we may share the same information covered under Parts I and II are described in Part III.
If you are in the European Economic Area (EEA), you have the following rights with respect to information that SINFONIASUBLIME DISTRIBUTION holds about you. SINFONIASUBLIME DISTRIBUTION undertakes to provide you the same rights no matter where you choose to live.
Right to access : You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information's source, purpose and period of processing, and the persons to whom the information is shared
Right to rectification : You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.
Right to erasure : You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.
Right to restriction of processing : You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Right to data portability : You have the right to transfer your information to a third party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means.
Right to object : You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing.
Right to complain : You have the right to complain to the appropriate supervisory authority if you have any grievance against the way we collect, use or share your information. This right may not be available to you if there is no supervisory authority dealing with data protection in your country.
Information entrusted to independent contractors or providers and purpose
Information provided in connection with services : We may entrust your information to independent contractors or providers we use in connection with providing our services or for providing technical support for our services. The data may either be stored on our servers when you use our services, or transferred or shared to us as part of a the services provided.
Who we share service data with
Third party sub-processors : In order to provide services and technical support for our products, SINFONIASUBLIME DISTRIBUTION engages other third parties .
Employees and independent contractors : We may provide access to your service data to our employees and individuals who are independent contractors SINFONIASUBLIME DISTRIBUTION involved in providing the services (collectively our “employees”) so that they can
Retention of information
We hold the data in your account as long as you choose to use SINFONIASUBLIME DISTRIBUTION Services. Once you terminate your SINFONIASUBLIME DISTRIBUTION user account, your data will eventually get deleted from active database during the next clean-up that occurs once in 6 months. The data deleted from active database will be deleted from backups after 3 months.
Data subject requests
If you are from the European Economic Area and you believe that we store, use or process your information on behalf of one of our customers, please contact us if you would like to access, rectify, erase, restrict or object to processing, or export your personal data.
Our products and services are not directed to individuals under 16. SINFONIASUBLIME DISTRIBUTION does not knowingly collect personal information from children who are under 16 years of age. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you believe that a child under 16 years has provided personal information to us, please write to us with the details, and we will take the necessary steps to delete the information we hold about that child.
At SINFONIASUBLIME DISTRIBUTION, we take data security very seriously. We have taken steps to implement appropriate administrative, technical & physical safeguards to prevent unauthorized access, use, modification, disclosure or destruction of the information you entrust to us.
We may be required by law to preserve or disclose your personal information and service data to comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements.
We may disclose personal information and service data to a third party if we believe that such disclosure is necessary for preventing fraud, investigating any suspected illegal activity, enforcing our agreements or policies, or protecting the safety of our users.
In the event that we sell our business or get acquired or merged, we will ensure that the acquiring entity is legally bound to honor our commitments to you. We will notify you via email or through a prominent notice on our website of any change in ownership or in the uses of your personal information and service data. We will also notify you about any choices you may have regarding your personal information and service data.
3700-164 São João Da Madeira (Portugal)
This Anti-Fraud Policy sets a course of action for the End Users of our platform and services, and defines the actions taken and consequences of Fraudulent behaviour.
Specifically, the purpose of this Policy is to provide:
This document is intended to provide guidance and should be read in conjunction with:
End User Account: Accounts owned and/or created by End Users.
DSP: Digital Streaming Platforms (such as Spotify, Apple Music, Tidal, etc.) or any other channel connected to Us by a contractual relationship.
MDFS: Monetization through Digital Fingerprinting Systems (i.e. YouTube Content ID, Facebook Rights Manager, among others).
Fraud: Any activity contrary to the Law, the DSP Policies and/or our own. Particularly, but non-exclusively, we will categorize as Fraud the following activities:
Royalties: Economic income/revenue that corresponds to the original(s) rightsholder(s). We differentiate between “legitimate royalties” which are the result of an actual and rightful exploitation of any content, and “illegitimate royalties” which are the result of any fraudulent exploitation or activity that generates illicit and unrightful income.
Strike: A Strike is a severity applied to any account that violates our Anti-Fraud Policy. They are separated into three tiers (Strike 1, 2 and 3), from lowest to highest severity respectively, and applied cumulatively. However, according to the impact of the violation, the highest severity shall be directly applied.
Fraud in all its forms is wrong and is unacceptable to us. This is because when fraud occurs:
Our objective is to avoid and, if necessary, eliminate fraudulent usage of our Services. Any indications of fraud will be rigorously investigated and dealt with in a firm and controlled way.
Either during our QC processes, the sales confirmation process or through notifications received from DSP and/or third parties, we may detect issues of possible fraudulent content or Accounts.
Once possible fraudulent content or Accounts are detected, a strike will be applied and the End User Account may be blocked in the following cases, divided into 4 severity tiers, which we consider very severe:
F0: Critical issues related to an End User Account
Particularly, but non-exclusively, we will categorize as F0 the following:
F1: Critical issues related to Click Fraud, Misleading, Musical Spam and/or Artificial Streams
Particularly, but non-exclusively, we will categorize as F1 the following activities:
F2: Issues related to Copyright, Intellectual Property or Trademark
Particularly, but non-exclusively, we will categorize as F2 the following activities:
F3: Issues related to abusive usage of MDFS
Particularly, but non-exclusively, we will categorize as F3 the following activities:
In case we detect one or more of these issues in the content of an End User Account, the End User will receive a ticket or notice, indicating we have detected potential infringing or unauthorized activity and informing the End User about its consequences, described in our Strike Policy below.
In case a strike is applied and the End User: a. deliberately ignores Our notice, b. refuses or cannot provide the requested information within 5 working days (counting from the day the notice is sent), c. the infringing or unauthorized activity is confirmed, a Strike will be applied to the End User Account, which will have the following consequences:
We will initiate takedowns of confirmed infringing content from End User Accounts, that is, all content that is involved in F0, F1, F2 and/or F3 issues.
Regarding F3 issues, despite the fact that only a part of the End User’s content is confirmed to be fraud related, We, at our sole discretion, may initiate takedowns for the End User’s entire catalog.
However, please also note that any content may be marked as suspicious by DSP at their sole discretion and may be taken down.