Terms & Conditions

1. Acceptance of Terms:

By accessing and using the services provided by Kaushik Films & Entertainment Company ("KFAEC," "we," "us," or "our"), including our music distribution platform, you ("Artist," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of these Terms, you must not use our services.

2. Services Provided:

KFAEC provides a music distribution platform that facilitates the delivery of your music to various digital service providers ("DSPs"), including but not limited to Spotify, Apple Music, Gaana, Wynk, and other streaming and download platforms. We also provide related services such as metadata management, royalty tracking, and customer support.

3. Artist Responsibilities:

Ownership and Rights: You warrant that you own or have the necessary rights and permissions to distribute all music and related content you upload to our platform. You are solely responsible for obtaining all necessary licenses and permissions.

Content Accuracy: You are responsible for the accuracy and completeness of all metadata, artwork, and other information provided to KFAEC.

Content Compliance: You agree not to upload any content that is illegal, infringing, defamatory, obscene, or otherwise objectionable.

Account Security: You are responsible for maintaining the security of your account and password.

Payment Information: You are responsible for providing accurate payment information.

Copyright Infringement: You are solely responsible for ensuring that all content you upload does not infringe on the copyrights of others.

4. Royalty and Payment:

Royalty Collection: KFAEC will collect royalties generated from the distribution of your music through DSPs.

Royalty Share: KFAEC will retain 20% of all royalties collected. The remaining 80% will be distributed to you.

Payment Schedule: Royalty payments will be processed and distributed according to KFAEC's payment schedule, which may be subject to change.

Minimum Payout: A minimum payout threshold may apply.

Tax Obligations: You are responsible for any and all tax obligations related to your royalty earnings.

Disputes: Any disputes related to royalty payments must be submitted in writing within 30 days of the payment date.

Copyright Infringement Penalties: If an artist receives three or more copyright infringement notices, KFAEC reserves the right to:

Remove full access to the artist's account.

Hold all earnings from the artist's catalog.

The artist may be required to pay a fine.

The artist may face legal proceedings.

5. Distribution and Availability:

Distribution to DSPs: KFAEC will make commercially reasonable efforts to distribute your music to the DSPs you select.

Distribution Time: KFAEC will attempt to distribute your music to DSPs within 24 to 48 hours of upload. However, we do not guarantee a specific distribution timeframe, as each DSP has its own processing times.

Availability: KFAEC does not guarantee the continuous availability of your music on all DSPs. DSPs may remove or restrict access to your music at their discretion.

Takedown Requests: KFAEC reserves the right to remove or disable access to your music in response to takedown requests from DSPs or copyright holders.

Takedown Process: To request a takedown of any release, please fill out the attached form. (Provide a link to the form).

6. Intellectual Property:

Artist Rights: You retain all ownership rights to your music and related content.

KFAEC Rights: You grant KFAEC a non-exclusive, worldwide license to distribute, reproduce, and display your music for the purpose of providing our services.

Copyright Infringement: You agree to indemnify and hold KFAEC harmless from any claims of copyright infringement related to your content.

7. Termination:

Termination by Artist: You may terminate your account at any time.

Termination by KFAEC: KFAEC may terminate your account for any reason, including but not limited to violation of these Terms or suspected fraudulent activity.

Effect of Termination: Upon termination, KFAEC will cease distributing your music and will pay any outstanding royalties due to you, subject to any applicable fees or deductions.

8. Limitation of Liability:

Disclaimer of Warranties: KFAEC provides its services "as is" and "as available," without any warranties, express or implied.

Limitation of Liability: KFAEC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our services.

Indemnification: You agree to indemnify and hold KFAEC harmless from any claims, damages, or losses arising from your use of our services or your violation of these Terms.

9. Changes to Terms:

KFAEC reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or by other means. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

10. Governing Law:

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in [Your City, State], India.

11. Contact Information:

If you have any questions or concerns about these Terms, please contact us at umeshkaushik@kfaec.com.

12. Force Majeure:

KFAEC shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, and technical failures.

13. Entire Agreement:

These Terms constitute the entire agreement between you and KFAEC and supersede all prior agreements or understandings.