1. Scope of Artist Terms and Conditions
These Artist Terms and Conditions govern the Agreement between you and Tryxo Entertainment L.L.C. regarding the use of the domain www.tryxo.com and all other domains linked to Tryxo Entertainment L.L.C. (hereinafter called “Tryxo“) and are applicable for all orders.
The User (hereinafter called „Artist“) accepts the Artist Terms and Conditions listed in this agreement upon registering with Tryxo.
Tryxo reserves the right to change the Artist Terms and Conditions at any time with or without stating a reason.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. “AGREE” MEANS THAT YOU HEREBY ACCEPT AND AGREE TO ABIDE BY THESE TERMS AS PRESENTED TO YOU NOW OR IN THE FUTURE BY TRYXO. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND TRYXO MAY REFUSE ACCESS TO THE TRYXO STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
2. Guarantees
2.1
TheArtist represents that he is acting on his own behalf or if Artist is a member of a group on behalf of all group members for each uploaded work.-
“Work” is defined as an original recording or production with the consent of all collaborators,
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The owner or owners of the work own the rights of the work free from all and any third party claims (cover songs and remixes are not permitted),
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Artist hereby agrees that he shall be responsible for all and any moneys due to any royalty collection agency,
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The work is free from illegal, inhuman or otherwise immoral content,
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The work and other uploaded files are free from technically questionable components (active codes, viruses and executable programs) that would compromise the operation of the Platform,
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All specifications regarding the Artist’s address and / or Moneybookers-data is correct and current.
2.2
Tryxo reserves the right to remove works from the Platform that are questionable in regards to the content and/ or from a legal standpoint without prior notification to Artist.3. Liability
3.1
Tryxo is not liable for damages of guarantees made in section 2 by the Artist. The Artist indemnifies Tryxo from all and any claims made.3.2
Tryxo is not liable for the loss of uploaded data. It is the Artists responsibility to store the originals of his works in a safe place.3.3
Tryxo is not liable for server downtime or other technical disturbances on the Platform as well as delays in regards to uploading or updating of works.3.4
Furthermore neither party is liable for any breach of contract that is due to Force Majeure.4. Registration and Account
4.1 Registration
To become a Tryxo Artist and to be able to use the Tryxo service, you have to sign-up with Tryxo. The registration is free of charge. The Artist has to create a user name and a password. When the registration is finalized the Artist may upload as many works as he chooses to his Tryxo account.
4.2 Age requirements
Tryxo is available for use by individuals aged 18 years or older.
4.3 Account and Password
As a registered user of the service, you may receive or establish an account. You are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your account information to anyone else or use anyone else's account. You are entirely responsible for all activities that occur on or through your account, and you agree to immediately notify Tryxo of any unauthorized use of your account or any other breach of security. Tryxo shall not be responsible for any losses arising out of the unauthorized use of your account.
4.4 Banning a Customer
Tryxo reserves the right to ban an Artist from further service when it is determined that a breach of the Artist Terms and Conditions and matters of litigation exist. Once banned, the Artist will no longer be authorized to use the services provided by Tryxo and will be refused future registration.
4.5 Customer-Account
Every Tryxo user can also set up a Customer account in addition to the Artist account. This account is independent from the Artist account. A user and a password have to be set up also for the Customer account separately. For the Customer account special Terms and Conditions apply.
5. System Requirements
Use of the service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. As use of the service involves hardware, software, and Internet access, your ability to use the service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The service is not part of any other product or offering, and no purchase or obtaining of any other product shall be designed to represent or guarantee you access to the service.
6. Work Requirements
6.1
The Artist commits to delivering high quality works to Tryxo. The works have to be mixed and mastered. The minimum-bit-rate of the works MP3s have to be 128kbits. It is the Artists sole responsibility to deliver high-standard works.6.2
If the works do not satisfy the standards of Tryxo for any reason, Tryxo reserves the right to refuse the sale of the works in the Tryxo store.7. Compensation and Accounting
7.1
Tryxo provides the Artist with the opportunity to present his uploaded works to the public for profit.7.2
The Artist(s) shall receive a percentage of the revenues actually received by the sales of a minimum of one of his works.-
Payable single-downloads: 75% from the net revenue minus VAT, refunds, credits, credit items and other fees for cash losses. (The Artist indemnifies Tryxo from all third party claims, including royalty collection agencies.)
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For free publications of the Artist’s works for marketing purposes of the Artist, the Artist shall receive no compensations.
7.3
Accounting shall be made quarterly and shall be transferred to the Paypal-Account and will be made within four calendar weeks of the following quarter. If the amount due is lower then $35.00, the credit balance is transferred to the next quarter. All payments will be made – if not announced differently - via Paypal.7.4
Tryxo shall cause accurate books and records to be maintained in respect of the calculation of the amounts payable to the Artist. Tryxo shall permit the Artist to appoint at their own expense an independent accountant (the „Auditor“) to inspect such books and records at the offices of Tryxo but not more than once in any calendar year (and only once with respect to any statement rendered hereunder) during normal business hours and upon giving at least thirty (30) days prior written notice. Artist and Auditor shall execute a confidentiality agreement prior to any audit hereunder, pursuant to which, no facts concerning Tryxo’s business that may be learned by the Artist or Auditor pursuant to any audit hereunder may be disclosed to any third parties whatsoever under any circumstances.7.5
The current sales figures are available to the Artist in his Account. Tryxo does not guarantee the accuracy of this data.7.6
The Artist can view the quarterly accounting in his Account at any time.8. Communication
8.1 Customer Service
Our online customer service is available for you at http://www.tryxo.com/backend/en/musiker_interface_faq.php if you have questions relating to invoices or other general inquiries. If you cannot find an answer to your specific question in our knowledge database, please feel free to e-mail us via http://www.tryxo.com/backend/en/musiker_interface_contact.php Tryxo will respond to your e-mails as soon as possible.
8.2 Announcements
Tryxo may send you announcements with respect to the service by sending an email message to the email address listed in your Tryxo Account contact information, by sending a letter via postal mail to the contact address listed in your Tryxo Account contact information, or by a posting on the Tryxo Website. Announcements shall become effective immediately.
9. Privacy Policy
Except as otherwise expressly provided for in this agreement the service is subject to Tryxo's Privacy Policy at http://www.tryxo.com/backend/en/musiker_interface_privacypolicy.php which is expressly made a part of this agreement. If you have not already read Tryxo's Privacy Policy, you should do so now.
10. Deadlines
10.1
If the Artist wants to remove any or all of his works from the Platform, he shall advise Tryxo of this in writing In this case the respective works will be deleted from the Platform within 14 days. Please be advised that executed contracts that were received prior to the termination can not be rescinded.10.2
Tryxo shall at its sole discretion remove any works of the Artist from the platform for any reason at any time. The Artist agrees and understands that he has no right to the previously assigned space or domain.11. Enforcement of Artist Terms and Conditions
Tryxo reserves the right to takes steps Tryxo believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to Tryxo's right to cooperate with any legal process relating to your use of the service and/or products, and/or a third party claim that your use of the service and/or products is unlawful and/or infringes such third party's rights). You agree that Tryxo has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Tryxo believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to Tryxo's right to cooperate with any legal process relating to your use of the service and/or products, and/or a third party claim that your use of the service and/or products is unlawful and/or infringes such third party's rights).