Terms and Conditions

These Terms and Conditions were last revised and are effective as of April 1st, 2025

MUSIXFLY TERMS AND CONDITIONS

1. Eligibility: To use MusixFly, users must be at least 18 years old or have legal permission from a parent or guardian. By creating an account, you confirm that your information is accurate and that you're legally authorized to enter this agreement.

2. Account Responsibility: You are fully responsible for all activities under your MusixFly account. Keep your login credentials confidential. Notify us immediately if there's any unauthorized access or misuse.

3. Content Ownership & Permissions: Only upload original content or content for which you hold full legal rights. Uploading DJ remixes, cover songs, copyrighted tracks without written permission is strictly prohibited. Such content will be removed and may lead to account termination.

4. Copyright Violation: If you upload any copyrighted or stolen material without permission, we will remove it immediately. Repeated violations may result in suspension, permanent ban, and potential legal action.

5. Distribution Agreement: By uploading your content, you grant MusixFly non-exclusive rights to distribute it to digital platforms worldwide as per your selected plan. You retain ownership of all rights to your content.

6. Revenue Share & Payouts: Royalties will be processed after deducting any platform fees or taxes. Ensure your payout details are accurate and up-to-date. MusixFly is not responsible for delays caused by incorrect details.

7. Payout Threshold: A minimum withdrawal threshold may apply. If your earnings do not meet this threshold, payouts will be rolled over to the next cycle.

8. Content Monitoring & Takedown Policy: MusixFly reserves the right to review, monitor, and remove any content that violates copyright or platform policies, without notice.

9. Prohibited Content: Uploading content that promotes hate, violence, abuse, illegal activity, or insults protected groups is strictly forbidden. Such content will be removed and the account may be permanently banned.

10. Platform Changes: MusixFly may update features, pricing, policies, and Terms at any time. Users will be notified of major changes. Continuing to use the platform means you accept the revised terms.

11. Account Termination: We reserve the right to suspend or terminate accounts at our discretion if these Terms are violated. No refunds will be provided for terminated accounts.

12. Disputes & Claims: If there is a dispute over content ownership or royalties, you must provide valid legal documentation. We may hold payouts on disputed content until the issue is resolved.

13. Limitation of Liability: MusixFly is not liable for indirect, incidental, or consequential damages arising from use of the platform. We are also not responsible for downtime, lost earnings, or delays from third-party services.

14. Governing Law: These Terms are governed by the laws of India. Any legal disputes will be resolved exclusively in the courts located in India.

BEFORE USING THE DISTRIBUTOR SITES, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE DISTRIBUTOR SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE SUPPLEMENTAL TERMS, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE DISTRIBUTOR SITES.

Eligibility. In order to use the Distributor Sites, you must either be at least eighteen (18) years of age or older (or be at least thirteen (13) years of age and possess the consent of your parent(s) and/or legal guardian), and fully able and competent to (i) enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms; and (ii) abide by and comply with these Terms. You hereby represent that you meet the eligibility requirements in this Section.

Privacy Notice. Your privacy is important to us. Please read the Distributor Sites’ Privacy Policy at carefully for information relating to Distributor's collection, use, and disclosure of your personal information.

Unauthorized or prohibited use of the Distributor Sites or the Distributor Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.

Feedback. You agree that any feedback, analysis, suggestions and comments to Distributor provided by you (collectively, “Feedback”) will become the property of Distributor. In consideration of Distributor providing access to the Distributor Sites free of charge, or in the case of Feedback, provided using features of the Distributor Sties for which you must pay a fee, then as further consideration for your access to such features, you hereby assign to Distributor all right, title and interest, including all intellectual property rights, in and to the Feedback. Without limiting the generality of the foregoing, you agree that Distributor shall have the perpetual, irrevocable and worldwide right to use, copy, display, perform, translate, modify, license, sublicense and otherwise exploit all or part of the Feedback or any derivative thereof in any embodiment, manner or media now known or hereafter devised without any remuneration, compensation or credit to User. You represents and warrants that you have the right to make the foregoing assignment and to grant to Distributor the rights granted under this Section 15 and that any Feedback which is provided by you to Distributor does not infringe any third-party intellectual property rights. Notwithstanding the foregoing assignment, Distributor grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.

Other Agreements. You acknowledge that in providing the Services and payments hereunder, Distributor will be required to enter into certain agreements with various third parties including, but not limited to, digital service providers and/or payment processors. The selection of these Consumer Stores shall be within the sole discretion of Distributor. You agree that these Terms shall be subject to any applicable terms and conditions of such other agreements that Distributor enters into with respect to such Consumer Stores. You expressly acknowledge that certain Consumer Stores may, with respect to audiovisual recordings, require that your audiovisual recordings be made available on their websites at certain times and in certain formats relative to the availability of such materials elsewhere in the marketplace. To the extent that such requirements are not met, the individual Consumer Stores may have the right to discontinue the availability of said audiovisual recordings in their store(s). Distributor will, upon your written request, provide you with the current specifics of such requirements.

Bar Codes and Universal Product Codes. Distributor will provide you with free bar codes and universal product codes CUPCs). These are for your use only and may not be transferred or resold. If transferred or resold, Distributor will charge you Twenty-Five Dollars (USD $25.00) per bar code or UPC, plus any revenue made by you from such transfer or resale. Distributor may deduct such charges from any payments owed to you by Distributor or charge such amounts to any alternate payment method you provide to Distributor (such as a PayPal account, credit card or debit card) you provide to Distributor.

Terms and Conditions Violations; Termination. You agree that Distributor may terminate any account (or any part thereof) you may have through the Distributor Sites or your use of the Distributor Sites, and remove and discard all or any part of your account, at any time for any reason (including without limitation your violation of these Terms), or no reason, in Distributor’s sole discretion. You agree that your access to the Distributor Sites or any account you may have, or any portion thereof, may be terminated without prior notice, and you agree that Distributor shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies Distributor may have at law or in equity.

Indemnification; Hold Harmless. You agree to indemnify and hold harmless Distributor and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership) and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs debt, and expenses (including attorneys’ fees) arising out of (a) your use or misuse of the Distributor Sites; (b) your violation of these Terms; (c) your violation of the rights of any other person or entity, including claims that any of your User Content infringes or violates any third-party intellectual property rights; (d) your breach of the foregoing representations, warranties and covenants and (e) any unauthorized use of your account not cause by Distributor. Distributor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of Distributor. Distributor will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers; No Warranties.
Acknowledgment. You expressly acknowledge that as used in this Section ‎20, and Sections ‎21 and ‎22 below, the term “Distributor” includes Distributor's parent, subsidiaries, affiliated and other related companies (including those which share substantially common ownership) and each of their officers, directors, employees, shareholders, members, agents and subcontractors.
No Warranties. To the fullest extent permissible pursuant to applicable law, Distributor disclaims all warranties, statutory, express or implied, applicable to the Distributor Sites and any User Content, Third Party Content, goods, services or features sold or otherwise made available to users on the Distributor Sites, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Distributor or through the Distributor Sites, will create any warranty not expressly stated herein.
Website Operation and Third Party Content. Distributor does not warrant that the Distributor Materials, Third Party Content, Distributor Sites, or any other information offered on or through the Distributor Sites or any reference sites will be uninterrupted, or free of errors, viruses, or other harmful components, and Distributor does not warrant that any of the foregoing will be corrected.
Accuracy. Distributor does not warrant or make any representations regarding the use, or the results of the use of, the Distributor Sites or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
Harm to your Computer. You understand and agree that your using, accessing, downloading, or otherwise obtaining information, materials, or data through the Distributor Sites (including RSS feeds) or any reference sites is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the use or download of, or other access to, such material or data.
Limitation of Liability and Damages.
Limitation of Liability. Subject always to Section ‎22.1, under no circumstances, and under no legal theory, including, but not limited to, negligence, shall Distributor or its third party partners, licensors or suppliers, be liable for any special, indirect, incidental, consequential, or exemplary damages (including, without limitation, loss of profits, data, or use or cost of cover) arising out of or relating to these Terms or that result from your use of, or the inability to use, the Distributor Materials and User Content on the Distributor Sites or any reference sites, the Distributor Sites itself, or any other interactions with Distributor, even if Distributor has been advised of the possibility of such damages.
Limitation of Damages. Subject always to Section ‎22.1, in no event shall Distributor or its third party partners, licensors or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Distributor Sites (whether in contract, tort (including negligence), warranty, or otherwise) exceed the greater of One Hundred Dollars (USD $100) or one-half of the annual fees paid by you to Distributor (if applicable) in the twelve (12) months immediately preceding the date that such claim arose.
Third party products and services. Some Users may use the Distributor Sites to market products and/or services. The above limitations shall also apply with respect to damages incurred by reason of any such products or services marketed, sold or provided by Users, or otherwise by third parties other than Distributor and received by you through or advertised on the Distributor Sites or third party sites, including without limitation any reference sites.
Limitations by Applicable Law; Basis of the Bargain.
Limitations by Applicable Law. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies, or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located. If you are a user in the European Union, nothing in these terms attempts to exclude or limit Distributor’s liability for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) any other liability which cannot be excluded or limited by applicable law.
Basis of the Bargain. You acknowledge and agree that Distributor has offered its products and services and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Distributor, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Distributor. You acknowledge and agree that Distributor would not be able to provide the Distributor Sites to you on an economically reasonable basis without these limitations.
Copyright Compliance.

1. Infringement Claims. Musixfly, Inc. is the operator of the Musixfly Site. If you are a copyright owner or an agent thereof, and believe that any User Content or other Third Party Content infringes upon your copyrights or intellectual property rights, you may submit a notification pursuant to Directive 2000/31/EC of the European Parliament, to Directive (UE) 2019/790 of the European Parliament and/or to section 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”), as applicable, by providing our Copyright Agent with the following information in writing:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
  3. The location of the material that is claimed to be infringing or to be the subject of infringing activity on the Distributor Sites and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Distributor Sites;
  4. Information reasonably sufficient to permit Distributor to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Distributor's designated copyright agent (“Copyright Agent”) to receive notifications of claimed infringement is:

Failure to include all of the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your notification and may result in your having to repeat some or all of the above process.

Notice And Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.

We may, at our discretion, deny access to the Distributor Sites by, or disable and/or terminate the accounts of, Users who may be infringers.

Copyright Counter-Notices. If content you posted on the Distributor Sites was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:
1. To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified in Section 23.4 below.
2. Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):
1. Identify the specific URLs of (or other information sufficient to allow us to identify) material that Distributor has removed or to which Distributor has disabled access.
2. Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your Distributor account.
3. Provide a statement that you consent to the jurisdiction of Luxembourg and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above, or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address: copyright@Musixfly.com.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Distributor Sites. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in Luxembourg and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of access privileges for Users who make a false or bad faith allegation of infringement or make a false or bad faith counter-notification in response to a notice of infringement. So, if you are not sure whether content you posted on the Distributor Sites is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of Luxembourg, the United States and the State of New York (as applicable). If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
Disclaimer: We are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only.

Miscellaneous.

1. Notice. Distributor may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Distributor Sites. If notice is by email or mail, it will be provided to the email or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Distributor is notified that the email address is invalid, and if through postal mail, three (3) days after the date of mailing. You may provide Distributor with notices only by mail to the address indicated in subsection (l) below.
2. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Luxembourg, without giving effect to any principles of conflicts of law. For the avoidance of doubt, the Uniform Computer Information Transactions Act does not apply to these Terms.
3. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Distributor Sites shall be filed only in Luxembourg and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. You agree that you will not file or participate in a class action against us. In any action or proceeding commenced to enforce any right or obligation under this agreement, your use of the Distributor Sites or with respect to the subject matter hereof, you hereby waive any right you may now have or hereafter possess to a trial by jury.
4. Claims. You agree that any cause of action brought by you arising out of or related to the Distributor Sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. If, for any reason, we believe, have reason to believe, suspect, or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law. You agree that you may only bring a cause of action against such Party (i.e. Musixfly or Believe) with whom you have or had a contractual relationship at the time of occurrence of the event giving rise to such cause of action.
5. Waiver. A provision of these Terms may be waived only by a written instrument executed by the Party entitled to the benefit of such provision. The failure of either Party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
6. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
7. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by Distributor to an affiliate of Distributor or to any third party, without restrictions. Any assignment attempted to be made in violation of these Terms shall be void.
8. No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Distributor as a result of these Terms or use of the Distributor Sites. You further acknowledge that by submitting User Content or other Third Party Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Distributor other than pursuant to these Terms.
9. Survival. Sections ‎5, ‎12, ‎15, ‎18, ‎19, ‎20, ‎21, ‎22, ‎23, and ‎24 (other than your duty to update account information), as well as any other provisions of these Terms which by their nature would survive any termination of these Terms, will survive any termination of these Terms or your account, whether by you or by Distributor.
10. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
11. Entire Agreement. This is the entire agreement between you and Distributor relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with Distributor. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Distributor as set forth in Section 3 above.