Terms & Conditions
Terms and Conditions
By engaging the services of Cats on Amps DigiDistro, you agree to and accept the following terms and conditions. These terms and conditions apply to services provided by Cats on Amps DigiDistro, and to all recordings submitted herein. Please read these terms and conditions carefully, as they affect your rights and liabilities under the law. This is a legal agreement ("agreement") between you and Cats on Amps DigiDistro ("company" "us"). If you do not agree to these terms and conditions, you may not schedule the distribution or release of your recording with us nor access the services offered.
"artist(s)" shall mean any person whose performances are embodied in the recordings.
"composition(s)" shall mean musical works, with or without lyrics.
"recording(s)" shall mean any and all audio recordings that you submit to Cats on Amps DigiDistro upon your acceptance of this agreement by uploading content to the Cats on Amps DigiDistro website as well as any other audio recordings that you choose to submit thereafter.
"partner network" shall mean, without limitation, any and all, now know or future, digital internet consumer media stores and platforms (such as iTunes, Spotify, Google Play, Tidal, Deezer, Amazon) and/or any other digital retailers of music which Cats on Amps DigiDistro has or will, at any time, entered into a licensing agreement with regarding the sale and/or streaming of audio files embodying the recordings pursuant to the provisions of this agreement.
"territory" shall mean the world, or per recording specified territory if applicable.
Grant of rights
The rights granted in this agreement include, but are not limited to, the sale of recordings, permanent digital downloads, temporary digital downloads, interactive streaming, cloud services, and streaming on demand. The granting of rights does not constitute the transfer of the master recording/ownership of the recordings.
By using our services, you grant the following rights to Cats on Amps DigiDistro, during the term and throughout the territory.
Sell, copy and otherwise, to the extent necessary for this agreement, exploit and alter the recordings and metadata by all means and media (now known or existing in the future) through any and all retail and network partners now available and operational, and also the right to grant such rights to network partners for performance of digital distribution and/or additional artists services artists retains company to provide. To include and not be limited to, digital distribution, social media, website design, public relations, vinyl, cd, cassette or other media manufacturing.
Artist gives Cats on Amps DigiDistro rights necessary to fulfill for hire services. Each party remains independent of each other. Nothing in this agreement constitutes an employment, company or joint venture relationship of any kind between the parties. Any rights not expressly granted above are specifically reserved by you. Cats on Amps DigiDistro is also granted the following rights by you by way of this agreement. The non-exclusive right, throughout the territory and during the term, to use artists name, photographs, likeness, cover artwork, biographical and all other information attributable to the artist which you have submitted to Cats on Amps DigiDistro.
You are fully responsible for all the recordings, materials and information uploaded on the website. If company finds material unsuitable, we reserve the right to prevent you from using the website and/or the Cats on Amps DigiDistro service.
The recordings will be sold throughout our partner network at pricing determined by Cats on Amps DigiDistro and network partners.
You will maintain ownership of your copyright. The above rights granted to us do not constitute a transfer of ownership of the recordings to us or our partner network.
You agree and warrant that you will not distribute, transmit or store any files or material that might infringe copyrighted works. You also agree that you will not promote violation of third party's intellectual property rights. You agree that you are not under any disability, restriction or prohibition to enter this agreement and grant rights to Cats on Amps DigiDistro.
You are to every extent responsible for all the recordings and other materials uploaded to Cats on Amps DigiDistro.
Artist will receive 75% of gross receipts (meaning total sum), excluding any fees such as vat, received by Cats on Amps DigiDistro per recording sold. We are entitled to benefit from any deductions which have been made to Cats on Amps DigiDistro by partner network. Payments will be subject to the conditions, reductions, and pro rating provisions as agreed by each agreement between company and partner network.
Your right to payments follows on the date when Cats on Amps DigiDistro receives payment for your sold recordings and is calculated based on the amount we actually receive. You hereby agree that, in some cases and according to each agreement, Cats on Amps DigiDistro partner network will only pay Cats on Amps DigiDistro in the case that the total amount exceeds a certain amount and that your payment might be subject to these limitations.
Payments will be credited to your Cats on Amps DigiDistro account around 45 days after we have received payment from our partner network. Once payment has been credited, you will be able to request a payout from the account. Cats on Amps DigiDistro will then pay the requested amount to your PayPal account within five days.
Payments are made to a PayPal account. It is artist’s responsibility to notify Cats on Amps DigiDistro if your PayPal account has changed, by making the appropriate changes to your Cats on Amps DigiDistro account profile.
You are responsible for any bank fees, currency exchange fees or other charges related to withdrawals or payments to you. Cats on Amps DigiDistro may deduct such fees and charges from any payment owed to you.
You agree and warrant that the recordings, artwork, metadata or any other material or information you submit and upload on the website is not an infringement on the copyrights or other rights of any person or entity and also does not violate any law in any country in the territory. You also acknowledge:
You have reached the age of 18
You are the sole owner or you legally represent the sole owner of the recordings and the materials and that you possess full power and authority to enter into and perform this agreement.
You have not entered into any agreement which may conflict with this agreement.
You have obtained all relevant consents from the artist, musicians, producers, mixers and any other persons and companies involved in the recording and production of the recordings.
The recordings are original and does not contain any samples which have not been cleared or else infringe upon the right of any person or third party.
You have, in the case of a cover version, obtained all relevant consents and licenses for such use.
You shall indemnify and hold harmless Cats on Amps DigiDistro and our partner network from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses, counsel fees arising out of any breach or alleged breach by you of the above warranties and representations and/or use of the recordings or materials as permitted hereunder.
Cancellation and Refund
Unless otherwise specified, purchases from Cats on Amps DigiDistro are non-refundable after purchase.
We reserve the right to amend, discontinue or terminate the website and services and this agreement at any time without notice. If we do, we will refund you what you have paid in proportion with the services that have been performed.
We will not be held responsible for any delay or failure in providing you the services or any kind of loss that were not caused by a breach on our part in accordance with this agreement, if this is because of actions beyond our reasonable control.
Cats on Amps DigiDistro may assign its rights and obligation under this agreement, in whole or part, to any third party without your prior written consent. You are not entitled to assign any of your rights and obligations under this agreement, in whole or part, without the approval of Cats on Amps DigiDistro.
The terms and conditions shall be in accordance with the laws and jurisdiction of the United States. Disputes arising out of, or in connection with this agreement, shall be settled by the court of New York as first instance.
You agree to indemnify us against any claims, liabilities, damages, losses or expenses that may have occurred as a result of you breaching anything under this agreement or against any third party.
If any part of this agreement or application of it shall be declared or deemed void, invalid or unenforceable, in whole or in part for any reason, it shall be deleted and the remaining provisions, if any, shall continue in full force and effect.
These terms and conditions are effective from the time you order services from us. By visiting and using our website and services you agree, and assure that you are of age to agree, to be bound by our terms and conditions. Any changes to the terms and conditions are effective from the time it is revised and posted. If necessary, we will notify you of these changes via email.