Apricado Terms of Service
By using the Apricado.com web site (“Service”), a service of Animikii Inc, (“Animikii”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Animikii reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://www.apricado.com/terms.
Animikii recognizes three types of users of the Service:
- The independent musician (“Artist”) who licenses Apricado their music (“Music”) to be sold in the Apricado online store (“Store”). The Artist owns or represents the owner of copyright and intellectual property of all Music for sale in the Store and has legal rights to distribute and sell the Music online. and;
- The visitor (“Visitor”) who visits an Artist Store and performs actions not limited to: song previews, adding songs to the shopping cart, etc.
- Visitors to the site who make a purchase with their credit card (“Customer”).
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide a valid email address, and any other information requested.
- You are responsible for maintaining the security of your account and password. Animikii cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by other users of your account that have been given access).
- All Artist stores are publicly viewable and may be promoted and linked by Animikii as example uses of the Service.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Account. While Animikii prohibits such conduct and content on the Service, you understand and agree that Animikii cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Artist Specific Terms
- The Artist agrees to license unexclusively the Artist’s Music to be sold from the Apricado store.
- For each $0.99 song that is sold in the Apricado store, Animikii will pay the Artist $0.79 USD (“Royalties”)
- Animikii will retain $0.20 USD for each song sold in the Apricado store
- Royalties will be calculated on a quarterly basis with the following cut-off periods: January to March, April to June, July to September and October to December. Royalties will be paid 1 month after the end of the quarter (on these dates: May 1, August 1, November 1, February 1) to those artists who have earned $10.00 USD or more in Royaties. For those Artists who have earned less than $10.00 USD in the year after their first earned Royalty (“Anniversary”), they will be paid within 2 months of the Anniversary.
Customer Specific Terms
- You are buying music from Apricado and not the artist directly.
- Any support or technical issues are not to be directed to the artist. Please contact email@example.com for such requests.
Payment and Refunds Terms
Artists are not required to pay to set up or host their Store.
Customers are required to pay in full with Visa or Mastercard before downloading music from the Store.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding Canadian Government Sales Tax (GST) if you reside in Canada.
Once you have completed the financial transaction by entering your credit card details, you will be able to download the Music. At this point, the sale is considered final and the sale is non-refundable.
The Customer is entitled to freely enjoy the purchased digital copy of Music but is not allowed to re-sell, copy for a friend or re-distribute the music in anyway for profit. The Customer is allowed to make copies onto devices that they own such as a CD Player, iPod or other MP3 Device.
Cancellation and Termination
Artists are solely responsible for properly canceling an account. You can cancel your account at any time by sending an email to firstname.lastname@example.org. Apricado Customer Support will respond to your request personally and provide you with your last date of service.
When your last date of service is reached, your content and Store will be deleted immediately once all pending Customer transactions have been completed. Animikii does not provide a backup service to restore deleted accounts or content.
Animikii, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Animikii service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Animikii reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Animikii reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Apricado Website or the Service itself.
Animikii shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your content, files and images uploaded remain yours.
Animikii does not pre-screen the Artist or the Artist’s Music, but Animikii has the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
The look and feel of the Service is copyright Animikii. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Animikii.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided via email.
You understand that Animikii uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Animikii, or any other Animikii service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Animikii.
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Animikii customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Animikii) of other Apricado customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
Animikii does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Animikii shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Animikii has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
The failure of Animikii to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Animikii and govern your use of the Service, superceding any prior agreements between you and Animikii (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to email@example.com.