User Agreement & Privacy Policy
FanDistro.com has created this privacy policy to demonstrate our commitment to the privacy of our affiliate members ("Fans", "Users" or "affiliates"). All purchases are made through Paypal or other third party payment options that we may make available to you, and we never see your credit card number or your payment passwords. That information stays with the third party companies. By becoming a registered member of this site, or "User," you agree to this user agreement and to our Privacy Policy. Please read the following to learn more about our policies, and how we treat personal information collected from our Users.
What this Privacy Policy Covers
This privacy policy covers our treatment of personally identifiable information collected by us through a website owned and operated by us. This privacy policy does not apply to the practices of companies that are not in our direct subjection, or of persons not employed by us, including any third-party content contributors bound by contract and any third-party websites to which our websites may link.
Distro Dues
To use FanDistro artists are charged a yearly due of $9.99. This is not an upfront cost to the artist. This is paid as you earn your first $9.99 in sales. Any earnings after the $9.99 is paid goes to the artist.
Collection and Use of Personal Information
You may visit our websites without revealing any personal information. However, we need certain personal information if you wish to purchase our products, register with FanDistro.com, receive our newsletter, or use certain of our services. If and where required, this information may include your contact information and/or your company contact information. We will use this information to reply to your inquiries, to provide you with requested products and services, and to set up your member account and associated services. We automatically gather certain data and store it in log files, like most other websites do, including IP addresses, your operating system, browser type, pages you visit, when you visited us, etc. We use this information to provide you our services, to enhance your user experience, and to make our services work better. Artists may receive certain information relating to their fans, like fan name, contact information, and activity on the artist's behalf. We do not sell personally-identifiable information to third parties.
Commission Payments
Users will receive commission payments solely as determined by FanDistro.com. We reserve the right to change any aspect of the Company's program as we determine appropriate. We track sales using ip addresses, cookies and sessions. When a purchase is made we identify the referring Fan and credit their account with their commission. Commissions are paid only on music content and other merchandise sales and a maximum of one commission will be paid per item sold. If a purchaser has clicked through the ads of more than one Fan, then only the most recent ad will generate a commission. Fans receive a commission of 20% of the sale price of all music and merchandise sold through FanDistro.com. Fans must have a PayPal account to receive payments from FanDistro.com. FanDistro.com makes commission payments to Fans not less than once per month. Fans are responsible for ensuring that their ads are working as intended. This is easily done by (1) publishing the ad on a web site and then clicking through to make sure the intended page is generated and then (2) checking the Fan's account using the link found at www.FanDistro.com to make sure a visit was registered.
Transaction Costs
FanDistro incurs certain transaction costs like those related to transaction processing (Paypal) and administration and so deducts from music and merchandise sales a transaction fee determined by FanDistro. Currently, for a single track purchase there is a 10% transaction cost and for a full album purchase there is 5% transaction cost. These costs are subject to change and FanDistro is working on ways to reduce the costs.
Users are responsible for ensuring that their Distros are working as intended. This is easily done by (1) publishing the Distro on a web site and then clicking through to make sure the intended page is generated and then (2) checking the Fan's account (using the link found at FanDistro.com) to make sure a visit was registered.
How to reach us
If a Fan has a question or dispute about a Distro payment, please contact support@fandistro.com. General Questions: support@FanDistro.com Artist Related Questions: Artists@FanDistro.com
Promotions, Contests, and Rewards
We provide you, the Artist, with a simple infrastructure to create contests and rewards for your fans. We are not responsible for how you use this infrastructure. If you use FanDistro to communicate about or administer a promotion (such as a contest or reward), you are responsible for the lawful operation of that promotion, including the official rules, offer terms and eligibility requirements (e.g., age and residency restrictions), and compliance with regulations governing the promotion and all prizes offered in connection with the promotion (e.g., registration and obtaining necessary regulatory approvals). Please note that compliance with these guidelines does not constitute the lawfulness of a promotion. Promotions are subject to many regulations and if you are not certain that your promotion complies with applicable law, please consult with an expert.
We reserve the right to reject or remove Contests and Rewards for any reason.
Information Pertaining to Artists
Although we have attempted to outline below in straightforward English the terms on which submissions to FanDistro.com ("FanDistro" or the"Company") will be accepted, please be aware that these terms if accepted by you create a binding legal agreement between you and FanDistro If you're not comfortable or qualified to review this, we urge that before accepting these terms you print out a copy and review it with your attorney, manager and other representatives and if you have no such representatives that you seek other independent qualified guidance. We reserve the right to make changes to the Artist Agreement in the future, although these changes would not apply to you unless you accepted the revised terms.
The basic submissions terms which will constitute our agreement if you submit any material to FanDistro are as follows:
FanDistro does not claim ownership of any intellectual property rights over the Content (including text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials) that you upload to FanDistro. Any intellectual property rights, including the copyright, in uploaded Content belongs solely to you, subject to the non-exclusive license granted herein. After uploading your Content to FanDistro, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. You can cancel your account with us anytime. Any CDs of yours that we hold in inventory will be returned to you, if you like, at your expense.
License Of Uploaded Content To Company.
By displaying or publishing ("uploading") any Content on FanDistro, you hereby grant to Company a limited license to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display, reproduce, and distribute such Content (in whole or in part) or prepare derivative works, in any format or medium now known or later developed, and synchronize such Content with photo slideshows or video solely on and through FanDistro, its Websites or its affiliates. The license is non-exclusive (meaning you are free to license your Content to anyone else in addition to Company), fully-paid and royalty-free (meaning that Company is not required to pay you for the use on FanDistro or its Websites of the Content that you upload), sublicensable (so that Company is able to use its affiliates and subcontractors such as Internet content delivery networks to provide FanDistro and Websites and to permit Users to view, hear, read, stream, download and link to your Content), and worldwide (because the Internet, FanDistro and the Websites are global in reach). The license does not grant Company the right to distribute your Content outside of FanDistro or its Websites. Except as otherwise provided herein, Company may not transfer or sell its Content license to others. You represent and warrant that you have sufficient ownership rights to grant this license.
You Have All Necessary Rights.
By accepting this agreement and/or submitting any Material, you are guaranteeing to FanDistro that you are of legal age to enter into contracts (you're not a minor) and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein. You also guarantee that no permission is required from any other individual or company for us to use the Material and other rights provided herein. You further guarantee to FanDistro that the compositions, recordings, lyrics and other materials contained in the Material are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies. Although we're big believers in free expression, you also guarantee that the Material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene. Finally, you guarantee to FanDistro That the Material will not contain any "viruses" or other information which may damage or otherwise interfere with FanDistro computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to FanDistro under this paragraph and you shall indemnify us and our customers from any damages and costs, including reasonable attorneys fees, arising from your breach. You shall sign and deliver to FanDistro any additional documents that FanDistro may request to confirm FanDistro's rights under this agreement.
Terms of Use.
FanDistro shall from time to time publish on the FanDistro site its policies concerning FanDistro and content to be submitted and you agree to comply with those policies. FanDistro shall have the right to review your Material and in its discretion edit, alter, decline to post or remove any of the Material for any reason.
Disputes.
You represent that you own right, title and interest to all songs that you upload or mail to FanDistro. If a dispute and/or claim exists therefrom, FanDistro reserves the right to remove such song from the FanDistro website until such time as a bonafide resolution has been reached by the disputing parties. FanDistro is not in a position nor has the authority to resolve any claims and/or disputes therefrom. We will not be your referee.
Disclaimer.
You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and FanDistro shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the FanDistro service. There are no assurances whatsoever that any of the Material shall actually be utilized on the FanDistro Site, other than on your Artist product and fan pages, or if so utilized continue to be available for any particular time. The FanDistro site may be discontinued at any time, with or without reason. If for any reason any part of this agreement violates any law or would otherwise be void, this agreement shall be deemed amended to the minimum amount necessary to make it lawful and enforceable.
Miscellaneous.
In the event of any dispute concerning this agreement Connecticut law shall apply and all legal proceedings, if any, shall take place in Connecticut. These terms are subject to change at any time.