Update DistroKid Terms of Service

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DistroKid/Terms of Service.md

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 **DistroKid Terms of Service**  
 As of May 1, 2023  
-DistroKid LLC, a Delaware limited liability company (“DistroKid”, “we” or “us”) provides access to the DistroKid website, currently located at distrokid.com and all associated websites and subpages, including, without limitation, slaps.com, distrovid.com, distrokid.com/hyperfollow and distrokid.com/filekid (collectively, “Site”), any and all related mobile applications we may make available (collectively, “Application”), together with all enabled features, functionality and services, including, without limitation, DistroKid's music streaming platform currently called “Slaps”, DistroKid’s music video distribution service currently called “DistroVid”, DistroKid's artist social media service currently called “Hyperfollow”, DistroKid's file sharing service currently called “FileKid” and DistroKid’s instant mastering service currently called “Mixea”, offered by us in connection with the Site and Application (collectively, “Services”). These terms and conditions (“Terms”) govern your access and use (as a registered user or otherwise) of the Services.  
+DistroKid LLC, a Delaware limited liability company (“DistroKid”, “we” or “us”) provides access to the DistroKid website, currently located at distrokid.com and all associated websites and subpages, including, without limitation, slaps.com, distrovid.com, distrokid.com/hyperfollow and distrokid.com/instantshare (collectively, “Site”), any and all related mobile applications we may make available (collectively, “Application”), together with all enabled features, functionality and services, including, without limitation, DistroKid's music streaming platform currently called “Slaps”, DistroKid's music video distribution service currently called “DistroVid”, DistroKid's artist social media service currently called “Hyperfollow”, DistroKid's file sharing service currently called “Instant Share” and DistroKid's instant mastering service currently called “Mixea”, offered by us in connection with the Site and Application (collectively, “Services”). These terms and conditions (“Terms”) govern your access and use (as a registered user or otherwise) of the Services.  
 By accessing or using the Services in any way, you represent and warrant that you have read, understood, and accept and agree to be bound by these Terms. If you do not agree, you may not access or use the Services. Your use of DistroKid's distribution services, if applicable, is separately governed by the DistroKid Distribution Agreement, and any of its attachments or addendum, located here (https://www.distrokid.com/agreement).  
 **Terms of Access and Use**  
 Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Services. By accessing and using the Services, you represent and warrant that you are over eighteen (18) years of age or the applicable age of majority in your jurisdiction, and that you are either an individual acting on your own behalf, or the authorized agent of another individual or business. Your use of the Services as an authorized agent shall not relieve you of personal responsibility for your use of the Services. The rights granted to you by these Terms may be revoked by DistroKid at any time, in its sole discretion.  
 When you download the Application under these Terms you are granted a limited, non-exclusive, non-transferable license to use the Services on a computer, tablet or mobile device that you own or control. If you have accessed or downloaded the Application from any “app” store or distribution platform, such as the Apple App Store or Google Play (“App Provider”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only and we are solely responsible for the Application; (ii) the App Provider has no obligation to furnish any maintenance and support services for the Application; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Application, and that, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof; and (v) you will comply with all applicable third party terms of service when using the Application, including any applicable App Provider terms of service. The Application may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules and new versions.  
 **Registration and Accounts**  
 In order to use certain features of the Services, you may be required to register for an account (“Account”) with us and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirements.  
 **Payments**  
-We may also charge fees for your access and use of certain features of the Services. All such fees will be determined by DistroKid in its sole discretion and may be subject to change without notice to you. The payment of all required fees must be made using a valid credit card on account with us. We currently accept Visa, MasterCard and American Express, but reserve the right to add or change acceptable payment methods from time to time. You expressly authorize DistroKid to charge the applicable amount of any required fees, plus any applicable taxes, to the payment method you provided. Any refunds are in Distrokid’s sole discretion. If at any time we are unable to charge the relevant fees from the payment method you provided we may suspend your access to the Services.  
+We may also charge fees for your access and use of certain features of the Services. All such fees will be determined by DistroKid in its sole discretion and may be subject to change without notice to you. The payment of all required fees must be made using a valid credit card on account with us. We currently accept Visa, MasterCard and American Express, but reserve the right to add or change acceptable payment methods from time to time. You expressly authorize DistroKid to charge the applicable amount of any required fees, plus any applicable taxes, to the payment method you provided. Any refunds are in Distrokid's sole discretion. If at any time we are unable to charge the relevant fees from the payment method you provided we may suspend your access to the Services.  
 **Privacy**  
-For information regarding our collection and use of information you provide to us, please refer to the Services’ privacy policy (“Privacy Policy”), located here (https://distrokid.com/privacy) which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.  
+For information regarding our collection and use of information you provide to us, please refer to the Services privacy policy (“Privacy Policy”), located here (https://distrokid.com/privacy) which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.  
 **User Content and Activity**  
 The features and functionality of the Services may allow users to submit, upload, store and/or share reviews, comments, questions, messages, audio recordings, musical compositions, images, artwork, photographs, audio-visual content, text and other content, information or materials (“User Content”) directly through the Services, and users shall be able to share such User Content using the features made available by the Services from time to time. The functionality of the Services may allow registered users to make certain User Content publicly available for other users (registered or unregistered) to view, listen to and share. Other features of the Services may enable users to privately submit and share messages between users or to upload files to store and share for private use. The foregoing activities described in this paragraph are sometimes collectively referred to herein as “User Activity”.  
-You are solely responsible for the User Content you submit through the Services as well as your User Activity generally. You agree that, through our Services and at your direction, we are only acting as a passive conduit for your online distribution, storage, publication and/or other exploitation of your User Content. Between you and DistroKid, DistroKid does not claim any ownership rights with respect to your User Content. By uploading, publishing, modifying, displaying or otherwise submitting User Content to any part of the Services (excluding Direct Messages and/or content uploaded through FileKid), you automatically grant, and you represent and warrant that you have the right to grant, to us, as well as to other users of the Services, a non-exclusive, transferable, fully paid, worldwide license to use, copy, reproduce, publicly perform, publicly display, communicate to the public, stream, listen to, make available, reformat, translate, excerpt (in whole or in part), transmit, re-post and distribute such User Content for any purpose on or in connection with the Services.  
-With respect to the use of Direct Messages and/or FileKid, for the sole purpose of operating and enabling these portions of the Services, you additionally grant to us a non-exclusive, transferable, fully paid, worldwide license to use, host, store, search, scan and to share at your direction such Direct Messages and/or User Content, until you delete same from the applicable Services or until the Direct Messages and/or User Content are otherwise permanently removed.  
+You are solely responsible for the User Content you submit through the Services as well as your User Activity generally. You agree that, through our Services and at your direction, we are only acting as a passive conduit for your online distribution, storage, publication and/or other exploitation of your User Content. Between you and DistroKid, DistroKid does not claim any ownership rights with respect to your User Content. By uploading, publishing, modifying, displaying or otherwise submitting User Content to any part of the Services (excluding Direct Messages and/or content uploaded through Instant Share), you automatically grant, and you represent and warrant that you have the right to grant, to us, as well as to other users of the Services, a non-exclusive, transferable, fully paid, worldwide license to use, copy, reproduce, publicly perform, publicly display, communicate to the public, stream, listen to, make available, reformat, translate, excerpt (in whole or in part), transmit, re-post and distribute such User Content for any purpose on or in connection with the Services.  
+With respect to the use of Direct Messages and/or Instant Share, for the sole purpose of operating and enabling these portions of the Services, you additionally grant to us a non-exclusive, transferable, fully paid, worldwide license to use, host, store, search, scan and to share at your direction such Direct Messages and/or User Content, until you delete same from the applicable Services or until the Direct Messages and/or User Content are otherwise permanently removed.  
 Accordingly you represent, warrant and agree that: (a) you have the right to agree to these Terms; (b) all of your User Content is original with you, in the public domain throughout the world or used by you with the express consents, permissions or licenses necessary from the original owner(s) of such materials for use by you and us pursuant to these Terms; (c) your User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity and privacy; (d) DistroKid shall not be responsible for payments or any other liability to any third party in connection with the use of your User Content on the Site, Application, Services or otherwise in connection with these Terms; and (e) none of your User Content or Direct Messages contain material which is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech”  
 DistroKid reserves the right to reject and/or remove any User Content, Direct Messages or other content that DistroKid believes, in its sole discretion, violates these provisions. DistroKid takes no responsibility and assumes no liability for any User Content and/or Direct Messages that you or any other users or third parties post, use, store or share through the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content or Direct Messages that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. DistroKid is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that DistroKid shall not be liable for any damages you allege to incur as a result of such User Content.  
 For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.  
@@ -39,8 +39,8 @@ In addition to the restrictions listed above, you may not:
 Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms  
 **Ownership**  
 As between you and us, we retain all right, title and interest in and to the Services, and all related intellectual property rights. All rights in and to the Services not expressly granted herein are reserved. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Services. All trademarks, logos and service marks (“Marks”) displayed on the Services are either our property, or the property of third parties. You are not permitted to use these Marks without our prior written consent, or the consent of such third party owner of the Mark(s) if not owned by DistroKid.  
-**Using FileKid**  
-FileKid allows you to share User Content with third parties by uploading your chosen User Content to the FileKid service which will then make a download link available to you to distribute your User Content (“Download Link”). Uploaded User Content will be stored on FileKid's servers for a limited period of time after which the available download will expire, and the corresponding User Content will be permanently deleted from our servers. Currently, use of the FileKid services does not require Account registration or payment, however, we reserve the right to change such policies in our sole discretion. We do not control the use of Download Links and you are and shall remain solely responsible for the User Content that you upload and share. You are solely responsible for sharing your Download Links with your intended recipients, and you further acknowledge that the Download Links are not password protected or encrypted and may be forwarded to and accessed by any recipient (intended or otherwise), and DistroKid disclaims all liability in connection with same, and as otherwise provided in these Terms.  
+**Using Instant Share**  
+Instant Share allows you to share User Content with third parties by uploading your chosen User Content to the Instant Share service which will then make a download link available to you to distribute your User Content (“Download Link”). Uploaded User Content will be stored on Instant Share's servers for a limited period of time after which the available download will expire, and the corresponding User Content will be permanently deleted from our servers. Currently, use of the Instant Share services does not require Account registration or payment, however, we reserve the right to change such policies in our sole discretion. We do not control the use of Download Links and you are and shall remain solely responsible for the User Content that you upload and share. You are solely responsible for sharing your Download Links with your intended recipients, and you further acknowledge that the Download Links are not password protected or encrypted and may be forwarded to and accessed by any recipient (intended or otherwise), and DistroKid disclaims all liability in connection with same, and as otherwise provided in these Terms.  
 **Copyright Claims**  
 We respect the intellectual property rights of others. If you believe that any content on our Services infringes upon your copyright or the copyright of someone you represent, please send an e-mail or other written notice to our Designated Copyright Agent using the contact information provided below (each, a “Notice”). All Notices should meet the requirements of the Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 512(c)(3) and include the following information:  
 (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;