Terms of Service
Welcome to Replused.com!
These terms and conditions outline the rules and regulations for the use of Replused's Website, located at https://replused.com and for our Record Label https://replused.com/record-label.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Replused.com if you do not agree to take all of the terms and conditions stated on this page.
This website is operated by Replused. Throughout the site, the terms “we”, “us” and “our” refer to Replused. Replused offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Switzerland.
Cookies:
The website uses cookies to help personalize your online experience. By accessing Replused.com, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, Replused and/or its licensors own the intellectual property rights for all material on Replused.com. All intellectual property rights are reserved in Coypright under Switzerland laws. You may access this from Replused.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from Replused.com
Sell, rent, or sub-license material from Replused.com
Reproduce, duplicate or copy material from Replused.com
Redistribute content from Replused.com
This Agreement shall begin on the date hereof.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Replused; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to replused@pm.me. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Replused's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Our Record Label (Replused Records) Terms of Service:
Definitions and Key Terms:
Digital Platform: Any website, web application, or mobile application that enables the listing, online streaming, or downloading of sound creations.
Digital Distribution: The availability of tracks provided to Replused Records on digital platforms for online streaming or downloading via the Internet.
Original Creation: A work of intellectual property consisting of musical compositions, lyrics, vocals, sounds, and/or sound effects that have never been publicly broadcast by another party before.
Artist: An individual or group of individuals performing under a stage name.
Dashboard: A secure website interface allowing the Artist to publish their musical works and gain an overview of their performances as well as daily generated revenues.
Payment: Payment provided by Replused Records to the Artist, enabling them to withdraw funds online using their royalties, with the balance viewable on the Dashboard or by email each month.
Royalties: Income earned from musical performances (streaming plays and track purchases) made through various platforms.
Takedown: The removal of tracks from one or more digital platforms.
Assignment of Digital Distribution Rights:
As part of their promotion, the Artist assigns to Replused Records all digital distribution rights for their original creations. The Artist may not transfer these rights to another party without the prior consent of Replused Records. However, the Artist may independently distribute their work under their own name for self-promotion purposes. Replused Records commits to distributing the original creations on its international partner digital platforms, the names of which will be communicated to the Artist if they are accepted into their catalog.
Coverage of Distribution Costs:
Replused Records will cover all distribution costs as well as the administrative and material requirements necessary for the dissemination of original creations on digital platforms.
Intellectual Property and Ownership:
The Artist retains full intellectual property rights to their original creations, including copyright. However, the Artist does not retain any property rights to designs and visual creations created by Replused Records, including video editing, graphic designs, or any type of content produced by Replused Records.
Liability and Legal Responsibility:
The Artist acknowledges possessing all rights related to the creations submitted to Replused Records for distribution. Replused Records disclaims any responsibility in the event of a legal dispute raised by a third party. Therefore, the Artist agrees to resolve any legal action taken by third parties against Replused Records. In the event of a copyright violation on tracks submitted by the Artist, Replused Records may remove any disputed content from the platforms without any possibility of compensation.
Digital Platforms and Distribution:
Replused Records collaborates with the following digital platforms for the distribution of the tracks provided to it (non-exhaustive list): iTunes, Apple Music, Spotify, Deezer, Napster, Qobuz, Amazon Music, Tidal, JioSaavn, Pandora, Shazam, YouTube Music, etc. Tracks may be accepted or rejected on one or more platforms based on their respective criteria. Therefore, Replused Records cannot guarantee visibility on any specific platform but will use all available means to distribute the tracks on as many platforms as possible.
Video Distribution Rights:
Replused Records does not handle the distribution of video content unless the video is created in-house by them (including post-production, video editing, etc.). In such cases, Replused Records retains all copyright to the video itself, but the audio, of course, remains the property of the Artist. Replused Records may request the removal of any video made by them at any time, and if the request is not agreed upon, legal action may be pursued.
Data Format and Imagery Requirements:
For quality reasons, the original creations must be provided to Replused Records in at least High-quality MP3 (320 kbps, 44.1 kHz) or High-quality FLAC (44.1 kHz). Replused Records reserves the right to refuse any submission that does not meet these digital requirements.
The Artist must also provide Replused Records with all relevant information about the musical creations: the Artist's stage name, authors, composers, titles of each track as well as the album or single title, and a minimum 3000x3000 pixel JPG cover art, not pixelated, featuring the Artist's stage name and the title of the work, without any legends, promotional text, or brand logos.
Album Cover Image Rules:
Website URL
Contact information (e.g., email address, phone number, etc.)
Pornographic images
Pricing information
Copyrighted images
Scans of CDs (must be retail-ready artwork)
Blurry or pixelated images
Rules for Music Distribution:
You must own 100% of the legal rights to the music being distributed, including all types of samples. If your release is detected as copyright-infringing, you must provide additional information regarding your rights.
Music where the copyright has expired is ineligible (e.g., public domain works).
Arrangements of musical works are ineligible where you cannot collect royalties, such as arrangements of Western Classical pieces.
Tracks without a proper, legal composer name are ineligible (as required by most agencies and streaming platforms).
Music with existing publishing or record label agreements is ineligible (unless clearly communicated and agreed upon with all parties involved).
Promotion Rights:
Replused Records reserves the right to use the media provided by the Artist (music tracks, images, etc.) for the promotion of Replused Records and/or the Artist on social media platforms or websites.
Included Services and Additional Costs:
Services Included in the Basic Plan (Free)
Distribution on over +30 streaming platforms.
Free UPCs & ISRCs.
Copyright Protection.
DMCA Assistance.
YouTube Assistance (Content ID and Artist Verification).
Apple Music Assistance.
Spotify Assistance (Profile Verification, Profile Management, Analytics, Song Lyrics, Spotify Artist Wrapped).
Support response within 24 hours.
Services Included in the Premium Plan (Free and Not Free)
The Premium Plan includes all the services listed in the Basic Plan, plus the following:
Free Services:
SoundCloud Assistance (Verification, Monetization, Next Pro).
Spotify Playlist Pitching.
Social Media Assistance (Includes linking accounts to platforms like Facebook, Instagram, and TikTok).
Support response within 1 hour.
Not Free Services:
Design & Visual Content
Professional custom music covers and designs are included, but Replused Records retains copyright and charges for additional design requests beyond the basic package.While design services are included, we believe that collaboration is key to creating visuals that truly reflect your artistic vision. To achieve the best possible results, we ask that the artist works closely with our team throughout the design process. This includes sharing feedback and specific preferences to ensure the final design matches your expectations.
Music Video Creation
Video editing and full production services are included, but Replused Records retains copyright and charges for more complex video productions.For video production, our team will assist in creating a high-quality music video. However, similar to the design process, we require close collaboration between the artist and our team. Your input is essential at various stages of production, from concept development to final edits, to ensure that the video aligns with your vision and enhances your music’s narrative.
Marketing & Promotion
Includes news coverage and promotions, but additional charges may apply for large-scale marketing campaigns or custom strategies.
Artificial Stream Prohibition:
Any manipulation of the number of streams by any means, including but not limited to the use of scripts, bots, or intensive looping streams that do not represent organic or natural listening patterns, is strictly prohibited. As platforms do not compensate for streams resulting from such abuse, no royalty payments will be possible, and this may lead to the removal of tracks from all platforms.
Contract Duration:
This agreement is valid until the removal of all the Artist's tracks from the platforms, either at the Artist's own initiative (takedown) or at Replused Records' initiative in case of non-compliance with the contractual terms.
Artist Compensation and Royalties:
In accordance with applicable laws concerning rights related to musical performances, streams on digital platforms are subject to compensation based on the number of listens (Performance Royalties). The Artist authorizes Replused Records to collect these rights and to remit them accordingly. The payment rate for each stream is determined by several factors, including the country of listening, the type of subscription (free, premium), the digital platform, and the Artist’s chosen plan. While we cover the costs of music distribution at our expense, we offer this service for free to all our artists and only take a 30% commission on their generated revenue for the basic plan and 50% for the premium plan, with 15% directly deducted from the platforms distributing the musical content. This rate is updated monthly based on the listening profile of the audience (Free subscription, Premium subscription, Country of listening, etc.). Replused Records will retain a 30% management fee for the basic plan royalties and 50% for the premium plan.
Dispute Resolution and Jurisdiction:
Any dispute will be resolved amicably before any legal proceedings. The competent court of jurisdiction shall be the one in Switzerland.
Contact Information:
Questions about the Terms of Service should be sent to us at replused@pm.me
Version of these General Distribution Conditions : 22/12/2024