TERMS OF SERVICE
One Submit, Terms of Service
Last updated: April 24, 2021
OneSubmit is a registered trademark, number ___ of OneSubmit LTD. No use of the OneSubmit mark is permitted under these terms except where specifically stated.
In brief, human-readable, language, our services governed under these terms are the introduction between artists and curators, payout services, support, the newsletter, the registration to our affiliate program, and any other service offered by us to you.
Our liability for the services provided and the products sold is limited, and our services are provided on an AS-IS basis. We cannot ensure that the results from the services shall be optimal or warrant that they would be satisfactory. We do not warrant for response times and provide responses to support services via email on a timely basis.
Registration, Accepting These Terms.
When enrolling into the service, you represent and warrant that you are over 18 years of age, or if you are a corporation, you obtained all required permits from the authorized signatory.
We may verify your social accounts by requesting you to post authoritative content. This is required in order to verify your ownership of these accounts in order to make sure that your content is authentic and that your details provided in the signup forms are accurate.
Accepting These Terms. You are required to accept and provide your consent to these terms before using the services, before submitting your personal data in forms and when contacting us for support queries. Without your acceptance of these terms we may not be able to provide you with the services governed under these terms.
Types of Users.
We have Three types of users, Artists, Curators and Affiliates. An “Artist” is a person who uploads content and pays for its promotion to Curators, a “Curator” is a person who receives content for review and posts its opinions on it, and an “Affiliate” is a person engaged in promoting our services.
You, as an Artist, may post content, with detailed notes. We shall inspect the quality of the content, and if it is acceptable, provide you with an interface to select the Curators to submit the content to.
Your payment is for the honest, professional, review from a curator, and not for inclusion in playlists, channels, blogs, TikTok videos, radio stations or record labels promotion.
You may select the dates your campaign shall run on, campaigns
We will provide you with pricing options, and following your payment, submit the content to the Curators. The pricing is according to our then applicable pricing policy.
You understand that we cannot ensure that the Curators would include your content in any playlist, channel, blog, video, radio broadcast or label promotion.However, we offer refunds in cases where the Curators do not provide you with a review in due time.
We may refuse to post content according to our sole discretion. We may also refuse repetitive postings of the same (or similar) content.
If you are a Curator, you shall receive from us content for your review. The payment you receive is in order for you to provide your honest, professional, review and is by no means a payment for inclusion in playlists or sharing the content on your social feeds. You are not obligated or required to do so in any manner.
Your review should be in the format and length standards that are posted and updated from time to time on our website.
Since you are getting paid for reviewing songs, If you receive multiple submissionsfor reviews for the same content but to multiply different channels, then the payment shall be calculated according to the highest performing asset, and not a combination of the two.
If your review was demeaning or unprofessional, according to our sole discretion, we may remove it and either refund the Artist or request that you provide us with a replacement.
If we discover that you provided us with falsified data, including duplicate content channels, fake followers, claimed assets you do not own, or low quality followers, we may suspend your account and retain your payments.
This content policy applies both to the content you submit through the service for us to use, share with others via the service or third parties, and for content others submit that you may use.
By either providing us with visual, textual, audiovisual, or other material or by using our service to share content, You hereby accept this content policy as set forth. You acknowledge that any violation of the content policy may cause termination of your service, removal of your content and legal action by both ourselves and the person whose rights were infringed.
For the purpose of this policy, the term Content shall refer to images and/or text and/or videos used by yourself while creating content through the service and published through it.
You hereby warrant that you are the sole owner and proprietor of any Content you distribute through the service, or that you are allowed to post it under this content policy. You hereby grant us an irrevocable, permanent, unlimited, world-wide, royalty-free, sublicensable, non-exclusive license to use your Content according to the functionality of service and through other third party services, including the creation of derivative works and the creation of three dimensional works. If you share your Content via a third party service, then you grant each person you share your Content with the right to send this Content to third parties, and to display, store or use this Content via such third party and according to its terms of service.
For the avoidance of any doubt; the Artist licenses each reviewer a royalty-free right to upload the Content to third party platforms such as YouTube, TikTok, Spotify and other music streaming and content delivery platforms for the provision of a short review of the Content, including manipulating the Content, editing it, changing the pitch or removing parts of the Content, all as long as both OneSubmit and the Artist are credited. The Artist waives any fees paid from such platforms as royalties.
Our License To You
We provide you, as our user, a limited, non-transferrable, non-sublicensable, license to use all the images and works made available via the services in relation to the service and through its functionality. Meaning, that if a contact had sent you a photo, you may view that photo and share it through the functionality of the service; if a person sent you content for review, that person provided you the permission to share such content as a part of your review on social media platform.
You hereby warrant that your Content is not offensive and does not infringe the right of any third party, including, but not only:
Intellectual Property Infringing. Your content does not infringe any third party copyright, design, patent, trademark, trade secrets or any other intellectual property rights.
Pornography. Your Content does not contain any text, image or depiction including extreme nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene. We may allow artistic nudity and non-pornographic use of exposed bodies.
Slanderous. Your Content does not slander, defame or otherwise harm the good name of others.
Hate Speech and Racism. Your Content does not include any hate speech or racist opinions, as well as does not incite others to violent acts against persons solely based on their inclusion in a specific group.
You hereby warrant that you are either the sole proprietor or a designated licensee of your Content and that no other party's rights are infringed or violated by your use of the content and the Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against You or threatened against You for publishing content through the service.
Notice & Takedown.
If you believe that any content hosted or posted using our services may infringe or violate any of your rights or applicable law; do contact us at firstname.lastname@example.org and we will investigate such a complaint. Following the complaint, we will let the user who submitted the content know about it, and might inquire about its posting. Please note that our moderation, restoration or deletion of content does not mean that we are liable for the content in any form or under any law.
Payments and rates are calculated according to our algorithms that weigh the specifics of each Curator, musical asset, the supply and demand for the content and the followers and exposure that each Curator has. Therefore, our pricing is dynamic and may change from time to time and from the submitted platform.
Except as stated in these Terms of Service, the payments are non-refundable and shall be paid immediately and as a condition for the provision of the services. As some portion of the payment is paid to the Curators and/or affiliates, that portion is non-refundable unless refunded at source.
Payment shall be made via credit card, PayPal or any other mean acceptable by us.
Payout to Our Curators
Our Curators are paid on a monthly basis, and provided that you have an outstanding balance above a certain threshold. We may deduct at source penalties or refunds and we may request that you provide us with invoices or receipts for your payments.
Payments are made via PayPal, bank transfer or other methods we make available from time to time . You shall pay all required merchant fees applicable to your payment. Wiring fees may be deducted by our providers, according to the method of money transfer selected by you.
You are responsible to pay all taxes relating to your payout.
Our services come with limited support, which is provided during regular business hours and via email.
If you used our service, we may send you a periodic newsletter with updates about the services. You may opt out of our newsletter at any time.
All refunds are provided according to the following guidelines:
Any payment is non-refundable unless otherwise stated;
Refunds are provided in case of non-delivery of the service;
Refunds are provided in case of discovery of fraud by a Curator, provided that the Curator refunded the sums to us;
Refunds are provided in case we could not provide you with our services.
However, we may refuse to provide a refund, or provide a refund even outside the scope of our guidelines in case we believe such action is in place. Refunds may be provided by future credit or via cash refunds using PayPal.
When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase our products and services. As our affiliate, you may not present yourself as a part of OneSubmit, and may not create any obligation on our behalf.
Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.
If we believe that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the program.
You represent and warrant that you are able to participate in the program, that you will only act in a legal, bona fide manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.
We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our products and services.
We reserve the right to use the user (artist or curator) image, name, playlist name, song or any other information for the use of promotional purposes.
We reserve the right to terminate your participation in the Affiliate Program at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect. When we terminate our relationship, you must cease using all of our intellectual property.
In any case we suspect any breach of these terms, we may also suspend your affiliate code until we receive sufficient evidence from you that shows that no breach of these terms occurred. In such a case, we may require review of your books and records prior to reinstatement.
Upon termination due to breach (save for termination due to inactivity), we shall retain all funds in your account.
In case we believe that your account is inactive, meaning it did not earn any commission or receive any visits using your referral link, then we may decide to close down your account. In such a case, your pending balance, We will not use this right without providing you notice of at least 14 days, allowing you the time to market and promote your referral links and restore your “active” status.
Each affiliate will be provided with a fixed affiliate commission that we will notify in writing.. Affiliation programs may be time limited or limited by the amount of discounts used using the affiliate code.
We pay our commission for qualified leads; a qualified lead is a new customer, who subscribed to our service within a certain duration of days of first clicking a link you placed, and who made a purchase using our services. We will not pay a commission for self-dealing, i.e using the affiliate program to get discounts.
The commission shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations, coupons, bad debt, collection costs, clearing costs and payments made in order to collect the payment.
The means of tracking your qualified leads shall be by placing a link that includes your tracking tags, pixels, and code we provide you.
You agree that our books and records are deemed as accurate and that our tracking is final.
We pay our affiliates on a periodic basis when their commissions reach a minimum threshold that we determine and post on our website. The payment shall be made via PayPal or any other method we agree upon.
Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.
You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank.
You are required by law to provide us with an invoice upon payment.
If we provide a qualified lead with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.
Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
We consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.
Please note that if at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.
The following are considered bad practices: (i) using deceptive practices, encouraging users to click banners or use of any automated means to create traffic; (ii) presenting yourself as a part of OneSubmit; (iii) using the OneSubmit brand as a part of your domain name, website name, banners or in any form of paid advertising (for example, PPC campaigns); (iv) using domain names that imply any link to the OneSubmit brand including the word “One”, “Submit” or similar sounding, looking or typed names; (v) spamming; (vi) buying traffic; (vii) using paid search or keyword advertising using our Intellectual Property Rights or brand name to drive traffic to your site or to the banners; (viii) offering coupons or discounts without our consent; (ix) offering others a part of your commission; (x) using words like “deal”, “sale” or “discount” in a deceptive manner or in a way stating that there is any discount, rebate, cash-back or other reduced payment for the services when there isn’t.
This list is non-exhaustive, and we may block any practice that we believe is bad and terminate or suspend your account due to it. Bad Practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users’ privacy, or otherwise using any advertising in violation of local laws and regulations.
Our relationship is confidential; meaning that your commission is confidential, the fact that we paid you is not. You should add a decent disclosure if required by law that you receive a commission for every click on our banner, but you should not tell others what your specific commission is.
We supply the services on an “as-is” and “as-available” basis. Your use of the services is at your own risk and under your liability. We make no warranty that (i) the services will meet your requirements and (ii) the services will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the use of the services will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained through the service will meet your expectations, or (v) any errors in the service will be corrected.
For no case and for no reason shall we be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any other user or any third party due to its misperformance of duties herein. We provide Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including loss of your funds, damages to property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use services.
You hereby warrant and agree to hold us harmless and to indemnify us for any damage, loss, expense, legal expense or cost incurred as a result of your use of the services in direct violation of these terms of service, including any false representation.
Terminating The Service
We shall have the right to terminate your use of the service or to terminate the service at any time and by providing a one day prior notice.
Moreover we may terminate your use of the service at any time and without prior written notice in any case where you breached these terms and such breach may cause us irreparable harm.
We may suspend the services or any of its functionality, or disable features, if we believe that some fraud or error occurred.
We might disable the service from time to time for scheduled backups, maintenance or upgrades. In some extreme cases, where urgent maintenance is required, we may disable the service immediately and without notice.
Amending These Terms
We may amend these terms from time to time, provided that you shall be informed through electronic communication on such an amendment and shall be granted the option to terminate your agreements with us by providing a prior written notice.
Governing Laws, Jurisdiction, No Class Action
The laws of the state of Israel shall exclusively govern these terms of service. The parties agree to the exclusive jurisdiction of the courts located in Tel Aviv District.
You undertake to initiate only suits on your behalf and not to file any class action lawsuit against us.