Terms and Conditions

These terms and conditions outline the rules and regulations for the use of publishmusic.com Website, located at https://www.publishmusic.com.

By accessing this website, you accept these terms and conditions. Do not continue to use publishmusic.com if you do not agree to take all of the terms and conditions and disclaimer stated on this page. 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our", "Us" and "publishmusic.com“, refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Switzerland. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Use of the publishmusic.com website is at your own risk. No liability can be accepted for the use of the services or their unavailability. Also possible consequential damages, price changes and errors in the product descriptions are reserved. 

Payouts

Digital Music Distribution:

Your earnings from the digital music distribution will be payed out monthly to your provided PayPal account if you reach the minimum payout threshold of CHF 80. Your payouts can only be sent to you if your balance reached the minimum amount of CHF 80. If your balance is less than the minimum threshold, your earnings will be withheld and will be payed out in the next month you reach the minimum threshold.

Please note that there‘s a delay between your sales and the actual incomings. For example: if you release a song in January, you’ll receive your first earnings from this song between March and May.​ 

Music Publishing:

Your earnings from our music publishing service will be payed out monthly to your provided PayPal account. 

The Company is not responsible and liable, if:

  • Your earnings are lost;

  • Our distribution partner doesn’t pay out your earnings.

We also take no responsibility and liability if the artist provides the wrong payout account details. You hereby confirm to inform us should your payout details (e.g. PayPal email) have changed. We are not liable should your earnings be sent to the wrong PayPal account if you didn‘t inform us about these changes.

Music Distribution

Of course you will keep the rights to your music. We only need the rights for the digital and/or physical distribution of your uploaded songs, which you hereby grant.

You will receive 85% of your earnings collected through our music distribution service. This 85% are calculated from the sales revenue we receive from our distribution partner Danmark Music Group.

You will be payed out monthly to your provided PayPal account if you reach the minimum payout threshold of CHF 80.

We accept no liability if:

  • Your Release is deleted on any store;

  • Your profile is deleted on any store;

  • You get any type of copyright issues with your music;

  • You upload music which contains samples, vocals, instruments, melodies, rhythms or anything else that you don’t have the license for.

The Company takes no responsibility for your uploaded songs. The client is responsible to have all necessary rights.

We also take no liability for any other consequential damage or loss of your data.

Music Publishing

You‘ll receive 100% of your earnings collected through our music publishing service. There is no minimum threshold for your music publishing account. You will receive your earnings from publishing semi-annually.

We take no responsibility and liability if:

  • Your songs get rejected for Publishing;

  • Your songs are deleted;

  • Your songs are removed from Publishing;

  • There are any copyright issues with your music, lyrics, samples, vocals, or any other element within your song;

  • You provided any wrong information.

We also take no liability for any other consequential damage or loss of your data.

You hereby confirm to have all necessary rights needed for music publishing.

Music Promotion

All promotion services are booked through third party providers. We accept no liability for any actions on all our promotion services (Spotify Playlist Promotion, Spotify Algorithmic Promotion, YouTube Promotion).

We take no responsibility and accept no liability if:

  • Your songs get taken down / deleted from any stores;
  • Your artist profile gets flagged on any store;
  • You receive artificial / bot streams;
  • You don‘t get paid for the streams from your distributor;
  • You receive warnings from any store or your distributor.

Should your songs get deleted from any store like Spotify, iTunes, YouTube Music etc. we accept no liability. In this case, contact us on the following email and we‘ll link you up with our third party provider for the provided service: info@publishmusic.com.

Account​

You must not share your account with any third party or second person.

All information stored within your account are safe and will never be shared with any third party.

We reserve the right to terminate your account without a warning or period of notice and may don’t pay out your earnings left on your account if it doesn’t reach the minimum threshold if:

  • You have any copyright issues with your music;

  • You provided wrong or misleading information for your account or music;

  • Your music doesn‘t pass our quality checks anymore

Cookies

We employ the use of cookies. By accessing publishmusic.com, you agreed to use cookies in agreement with the Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, publishmusic.com and/or its licensors own the intellectual property rights for all material on publishmusic.com. All intellectual property rights are reserved. You may access this from publishmusic.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from us

  • Sell, rent or sub-license material from us

  • Reproduce, duplicate or copy material from us

  • Redistribute content from us

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 Website.

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 publishmusic.com; and (d) the link is in the context of general resource information.

If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an e-mail to info@publishmusic.com. 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 1-2 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

  • By use of 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 our logo or other artwork will be allowed for linking absent a trademark license agreement.

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 any moment (info@publishmusic.com). 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.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising 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.

Your Privacy

Please read our Privacy Policy

SMS/MMS Mobile Message Marketing Program

Khatami Music EF (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from Khatami Music EF via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

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 amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

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, we will not be liable for any loss or damage of any nature.

All services are booked through third party providers and we are not responsible for any actions.

These terms and conditions may be updated from time to time. By continuing using this website, you agree to these changed terms and conditions.

 

You agree to use Zurich, Switzerland as the exclusive place of jurisdiction for all disputes. Swiss law applies.