Términos y condiciones

Terms & Condition

1. Introduction and General Information About the Nature of These Terms

We strongly recommend that you carefully and closely read these Terms of Use (hereafter simply, “Terms”) before using any of the services provided by DelCoraMusic.com. DelCoraMusic.com (hereafter “we,” “us” or “our”) allows independent artists and musicians to receive feedback and comments on their music from real people that can get becoming your fans. The specifics of

our Privacy Policy are also included within these Terms, though they will only be referenced herein by name. Those interested in the specifics of the Privacy Policy should consult it directly.

All users of DelCoraMusic.com are to understand that the following Terms constitute a legally binding contract and that they may change at any time in response to changes in our business model or other business conditions. Users are themselves responsible for staying informed of any such changes. By agreeing to use our services, you tacitly agree both to regularly reread these Terms for the purpose of staying abreast of any possible changes and to accept all changes when they are made.

As the Terms contained herein are a legally binding and valid contract, you — the user or users of DelCoraMusic.com — must only use our services if you agree to abide by the Terms. If you do not accept these Terms, do not use any of our services. Each time you use DelCoraMusic.com, you are understood to have tacitly accepted the most recent version of our Terms.

Furthermore, by agreeing to our Terms, you represent that you are able to enter into legally binding contracts either because you are at least 18 years of age or, if you are below 18 years of age, because your legal parent or guardian formally consents to these Terms on your behalf. If you are an Emancipated Minor or possess any other legal status that allows you to consent to legally binding contracts despite being under 18 years of age, the same is also understood to apply.

Children, however, are prohibited from using our services under any circumstances. “Children” are defined any persons under 13 years of age. The presence of any formal consent on the part of the legal parents or guardians of any children who wish to use our services will be disregarded. Children simply should not use DelCoraMusic.com.

In the event that you should desire to bring forth any contractual dispute with us over any aspects of our services, please be aware that Sections 9, 10 and 11 of these Terms discuss, respectively, consequences for violating our Terms, the limitations on our legal liability and the special provisions

related to waivers and mandatory arbitration that may affect your ability to bring forth a lawsuit against us. We therefore strongly advise you to read those sections with extreme care.

Posting. As used throughout these Terms, the words “post” and “posting” shall refer to any content which users upload to, submit to or display upon DelCoraMusic.com, or to the act of so doing. Thus, if you are a musician or artist and you apply for a campaign on the DelCoraMusic.com Service to promote some music that you have uploaded and/or linked to, that uploaded and/or linked-to music shall constitute your post.

Personal Information. The phrase “Personal Information” shall herein have precisely the same meaning as it was given in the Playlist Promotion Privacy Policy. Consult the Privacy Policy for the meaning of this phrase or for any other part of the Privacy Policy that is of interest to you.

No Relation to Any Other Streaming Services. Although we do enable artists to seek feedback from knowledgeable and respected music APP Suppliers who compile music playlists for music streaming platforms like Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks, we are not ourselves affiliated with or part of any music streaming services.

Clarifications About Connecting to Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks. Despite not being affiliated with Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks in any way, we do allow our users to use our services in conjunction with Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks. If

you decide to do so, be mindful of the following things:

 You are absolutely prohibited from using DelCoraMusic.com or any of its services to make any reverse-engineered, disassembled or otherwise derivative platform based on Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks, and this includes reverse engineering Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks’s source code and making it human-perceivable;
 We make absolutely no warranties or legal representations of any kind with respect to Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks and explicitly and completely reject all suggestion or insinuation of any such warranties or representations;
 We are only responsible for our own DelCoraMusic.com services and reject all legal liability for anything having to do with Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks;
 If you have questions about Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks or legal disputes that you wish to bring against them, consult Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks’s legal disclosures and specific terms of use and contact them directly;
 Youtube, Instagram, Facebook, Tiktok, Spotify or any other Social Networks is, however, intended to be a third-party beneficiary of these Terms, meaning that they will have the legal right to enforce them against you when appropriate.

2. DelCoraMusic.com Service

When we refer to the “DelCoraMusic.com Service” (or simply the “Service” or “Services”), we mean any websites, mobile apps or other platforms which are either wholly or partially under the control of DelCoraMusic.com and which serve as digital or online means to promote or disseminate

DelCoraMusic.com’s services related to the placement of music on playlists or the ability of APP Suppliers to review music. These include DelCoraMusic.com, youtube.DelCoraMusic.com, app. DelCoraMusic.com, and help.DelCoraMusic.com.

Privacy and Permission. As long as you agree to these Terms and fulfill the requirements mentioned throughout them, we grant you full permission to use the Service, subject to any future changes that we may decide to implement. All of the personal information which you share with us will be fully protected in the ways and to the extent described in our Privacy Policy.

3. Your Account

Whenever you use your account, you are taken to represent to DelCoraMusic.com that all of the information you provide to us is accurate, complete and truthful, to the best of your knowledge. This includes all instances in which you may sign up for a campaign as an artist, all instances in which you work with the Service as a curator, and all other cases in which you use the service in any capacity.

Everything that happens on your account when your login credentials are used is your own responsibility. It is also your responsibility to keep all of your account information up-to-date and accurate. Section V below explains some of what will happen in the event that there is a security and your account or any of the information on it is compromised.

4. Payments and Purchases

Payments flow through the Service in two primary ways: as payments from artists who wish to purchase campaigns to us and as payments from us to APP Suppliers in exchange for promoting to people who can like your video content or music.

Artist Campaign Payments. When you, as an artist, pay us for a campaign, you are only paying to have your song(s) reviewed by APP Suppliers on the site. You are paying to have your song(s) (video) to be added to any playlist, any app as an advertisement and get being expose to thousands of people all over.

Upon paying for a campaign, you incur the responsibility to pay any and all charges made to you through our Service or through any authorized payment vendor that we may select. You will be held responsible for paying whatever price stands for the services you have requested at the time that you had requested them. Additionally, you will be required to pay all processing charges and taxes associated with your purchase.

General Information About Orders. Whenever you place an order through our Service, you are understood to represent that all services ordered will only be used in a lawful manner.

We reserve the full right to discontinue any campaign at any time; to stipulate conditions for honoring any coupon, coupon code, discount or other sort of promotion; and to either prevent users from making transactions or to refuse to offer services to them entirely. We may do any of these things at any time and for any reason, and we are not required to provide advance notification to any

user about any plans to do so.

Refunds Policy. We only offer 100% full refunds for all purchases made in one type of circumstance: if the customer has not received the total number of follower reach locations or video views they paid for. A partial refund will be made to what you have already received, for example if you have only received 70% of what was stipulated, a refund of the remaining 30% will be made. Service cancellations will be made in the same way.

5. Communications From Us

When signing up for an account with DelCoraMusic.com, you must, among other things, provide us with an e-mail address. When we communicate with you, we will do so primarily through the e-mail address that you provide, and you agree to receive such e-mail communications from us. You will receive an email indicating when it is in process and when the service started and with what amount of views, likes or any other information it started the service. We take a photo of it for further proof. At the end you will also receive an email indicating that it is finished.

When we communicate with you, it will chiefly be for customer-service-related and/or administrative reasons, or for other possible reasons that will be discussed throughout these Terms.

6. DelCoraMusic.com’s Ownership and Use of Content

All of the content over which DelCoraMusic.com claims ownership is our property or the property of our licensors. By extension, we or our licensors also claim ownership over any compilations, collections or arrangements of any of our content. Thus, all such content is protected under all relevant copyright, trademark and other intellectual property laws.

Our copyright and intellectual property policy with regard to our content will be spelled out in fuller detail in Section VII of these Terms, but be aware that our claiming of intellectual property rights over our content means that, unless you have been explicitly granted permission to do so in writing, you are strictly prohibited from selling, leasing, loaning or otherwise distributing any of our content. You are also similarly prohibited from copying, modifying, framing or otherwise creating derivative works using any of our content. These prohibitions apply to all of our content (except Brand

Assets https://DelCoraMusic.com/branding/), whether in whole or in part.

Licensing to You. Subject to the above-mentioned restrictions and to any other additional conditions that may be specified at any point in our Terms, we authorize you, the user of DelCoraMusic.com’s Service, to have access to our content for your own personal use. This access, however, is granted solely at our personal discretion and may thus be revoked at any time and for any reason. We expressly prohibit your use of any sort of data mining or data collection and/or algorithms or software tools over any of our content. This includes, but is not limited to, things like robots and crawlers. All other uses for our content are similarly explicitly prohibited.

When using our content, you agree to abide by all trademark, copyright and intellectual property laws

that apply to our content. Failure to use that content in accordance with our conditions may constitute a violation of any such laws and will be subject to the appropriate legal penalties.

DelCoraMusic.com Logos or Marks. DelCoraMusic.com itself, as well as its official logo, any possible secondary or additional logos, and all of the names of any products or services offered by DelCoraMusic.com may trademarked by us. Therefore, any use of such things without our express, written, legal permission is prohibited, and you must agree not to use any of these things without said legal permission. The only admissible exception to this occurs if we provide you with links which lead to webpages that display our content.

7. Copyright, Intellectual Property and Your Licensing Rights

Though you may own the copyrights or other intellectual property rights to any of the songs or other content that you decide to post on DelCoraMusic.com, by choosing to post it on our website, you thereby agree to allow us to use it for any reason which both does not contradict our Privacy
Policy and which promotes our mission to bring the DelCoraMusic.com Service to our users.

As other users will similarly own the intellectual property rights to their own content, we strongly advise you to make certain that you have obtained their permission before you use it. Failure to do so may expose you to lawsuits from them.

Your Content. Our Services allows to post or share various kinds of digital content. This includes music files, videos, photos, comments and other kinds of written text. We will refer to this as “Your User Content.” To give examples, if you are an artist, you may share or upload music that you have created. That music is thus part of Your User Content. Similarly, if you are a curator and you post a review of some music, that review is part of Your User Content.

We Claim No Ownership or Responsibility. All content that you post on our Service is solely your responsibility and does not belong to us. If there is Personal Information pertaining to you that you do not wish to be known or to be accessible through our Service, do not post it.

This means, among other things, that if you post anything on our Service which is false, defamatory or that may otherwise expose you to legal sanction, we assume no responsibility for any of this whatsoever. All such risks are entirely undertaken at your own discretion.

It also means you, or those whom you have authorized, retain all relevant intellectual property rights to the content. If you know or suspect that any of the intellectual property rights to what you have posted have been violated, it is up to you to seek legal redress for those harms. We will not protect your rights for you.

You Must Have the Rights to What You Post. Related to the subject of you assuming all legal risks for everything you post is the subject of your own legal rights to the content that you post. When you post content through our Service, you are presumed to represent and warrant that: (i) you either directly own the rights to the content that you are posting yourself or at least have been granted permission to license it out in the way specified throughout Section VII of these Terms; and (ii) none of your posts, nor anything in them, violates any of the privacy rights, contractual rights, intellectual

property rights or any other legal rights of any other person or party. In the event that any of your posts result in a breach of contract between you and another party, you must pay all royalties or other fees associated with and stemming from that breach.

If you do not have the rights to the content that you post through our service, you will be subject to the full legal risks and penalties associated with posting without such rights, and we will not provide you with any legal defense or protection for so doing. Everything that you post is also assumed to be non-confidential and non-proprietary. If you have any propriety or confidential information, we strongly recommend not posting it.

You Gain No Ownership Over Others’ Content. Just as you are presumed to have the ownership rights to any content that you choose to post on our Service, so other users are presumed to have the ownership rights over their posted content. Therefore, merely by using our Service, it is understood that you will gain no rights, titles or interests, whether whole or partial, in any of the content posted by any other users. This applies to all intellectual property rights without reservation, including copyrights, trademarks, trade secrets, patents and others.

Our Use of the Content You Share on Our Service. If you decide to post, share or create any content on or through our Service over which we have not claimed ownership rights, you thereby grant to us a royalty-free, non-exclusive, sub-licensable and transferrable license to use, publish, remove, transfer or otherwise display any of the content you have posted anywhere in the world. This means that we are not required to compensate you in any way for for displaying or in any manner manipulating or reforming the content — even if you find such displays or manipulations personally

objectionable. We thus acquire sole discretion over the content you post, limited only by our Privacy Policy and by the other conditions spelled out in these Terms.

Our Copyright Policy. The Digital Millennium Copyright Act of 1998 (hereafter, the “DMCA”) provides the template for the basic law relating to the use of copyright for content that appears on the internet.

If you think that anything posted on DelCoraMusic.com has violated your valid copyrights in any material, as specified in the DMCA, please provide a notice to us explaining this. The notice is known as a “Notification of Claimed Infringement,” and either you or your attorney or other legal agent may send the notice to us. The notice should request that the content in question be removed or at least that access to it by others be blocked. The notice is required to contain the following additional information:

 A specification of exactly which copyrighted work you believe your rights to have been infringed, or a complete listing of all such works if there is more than one of them;
 A statement that you, or your agent, believes in good faith, that the aforesaid work(s) and material have been put to a use that has not been authorized by you, the copyright holder;
 Your name, address, telephone number, e-mail address (if available) or other means to contact you;
 A solemn and sworn statement in which you, or your agent, declare(s), under penalty of perjury, that the party issuing the complaint is legally authorized to act on behalf of the copyright owner (either because the complaining party is the copyright owner or because he is his designated legal agent);
 A specification of precisely which material within the work or works in question which you allege to be infringing upon your copyright;
 Enough information about the aforesaid work or works to enable us to locate it/them on our Service;
 The physical or electronic signature either of the copyright owner or of the person authorized to act as his legal representative in the matter of infringement.

If you believe that another user has either wrongly or mistakenly filed a DMCA claim against you, you have the right, under the DMCA, to send us a counter-notice in which you explain the circumstances of the alleged false claim.

We strongly advice you to consult 17 U.S.C. § 512 before filing either a notice or a counter-notice, as the DMCA stipulates penalties for filing false DMCA claims. You should send all notices and counter-notices relating to us and our Service to soporte@DelCoraMusic.com. To guarantee that

your notice or counter-notice meets all of the most up-to-date requirements stipulated by the DMCA, please consult http://www.loc.gov/copyright/ .

8. Prohibitions on Your Use of Our Service

As already mentioned in Section 7, you may not use our Service to post or share content in any ways that violate the legal, contractual or intellectual property rights of any other users or of any other parties. In addition to this, however, your use of our Service must strictly abide by any data protection, privacy or other applicable laws. This means that you should only use our Service for its intended purpose, which is to allow independent musicians to receive comments, reviews and other feedback on their music. When using our Service, do not work to break it, destroy it, compromise its integrity or steal anything that rightly belongs to us or to any of the our other users.

The following list is intended to give you a sense of of the sort of things that you may not do with our Service. You may not:

 Access our Service in a jurisdiction where it is illegal to do so;
 Disclose the Personal Information of another person against or without their consent;
 Post false, misleading or defamatory information;
 Impersonate another person or entity or lie about or misrepresent your affiliation with another group, organization or entity;
 Harass, verbally abuse or threaten other users while using our Service;
 Work in any way to steal any of the content on our site, including both user accounts and posted content;
 Reverse engineer our source code or gain unauthorized access to any corner to our service, including the accounts of other users;
 Post objectionable material like pornography on our Service;
 Purposefully interfere with or hamper the functioning of our service;
 Use our Service to commit any illegal act, including those which may result in direct legal liability to us.
 Post any sales, marketing or advertising links of any kind, except as permitted to you by these Terms;
 Link to or frame our service from another location on the Internet without our permission;
 Sell, delegate, assign or transfer any of the rights granted to you by your use of our Service to any other party without explicit, written authorization;
 Use any kind of data mining or data collection software on our Service or on any pert of it;

9. Consequences of Violating the Provisions in

These Terms

If we deem that you are not acting in accordance with the Terms set out here or that you are otherwise behaving inappropriately while using our Service, we reserve the right to ban you from using it.

Suspension or Termination. Suspension and termination are the main kinds penalties that we impose for a failure to adhere to our Terms. Suspension involves prohibiting your use of of DelCoraMusic.com’s Service for a given amount of time, while termination constitutes an outright

deletion of your account. We may do either of these to you at any time and according to our own judgment and discretion. We also have the right to unilaterally prevent you from using our Service at any time in the future.

Review or Removal or Content. We also claim the right to review any content posted on our Service from any user and at any time. We may do so because we believe that said content may violate relevant laws or regulations, violate our Terms, be abusive or offensive, threaten or harm the well-being or safety of any of our users or stand opposed to the fundamental purpose or mission of our Service. Our reasons for reviewing content are not limited to these things, however. Essentially, we may review content for any reason that we deem acceptable, but the aforementioned reasons are likely or representative reasons for why we might choose do so.

The same applies to any of our decisions to remove content. We may ultimately decide to remove

content for any number of reasons — reasons which may include, but are not limited to, the aforementioned.

Your Legal Responsibilities. You are, of course, entirely responsible for any and all legal claims, penalties or other legal liabilities that you incur, whether deliberately or inadvertently, while using our Service. The same applies to any liabilities that may be foisted upon us as a result of your violation of our Terms or as a result of your use of our Service.

10. DelCoraMusic.com’s Legal Liability

We are not liable for any actions that any of our users take while using our Service, nor are we liable for how any possible future changes to our Terms or our Service may affect any of our users.

Accuracy of Content. We also do not certify the accuracy of any content found on our Service or on any of our websites. We absolutely no representations of any kind about the reliability, accuracy or truthfulness of any of the content found on or Service or posted by any of our users. This includes all content related to any possible third-party products or services that may be found on our Service. All are to understand that they use our Service at their own risk.

Links to Third-Party Websites. Our Service may contain any number of links to any third-party websites, services or products. The decision whether to access these things is entirely your own, and you assume all risk and liability associated with accessing them. We endorse no third-party websites, products, advertisements or materials of any kind.

Disputes With Other Users or With Third Parties. We completely disclaim all responsibility for

or involvement in any disputes that any user or users may incur with any other users or third parties that he interacts with on our Service. This includes all artists or APP Suppliers that any user may interact with on our Service at any time. We do not employ any APP Suppliers . Thus, you assume all risks associated with interacting with any other users and you agree not to hold us responsible for any damages resulting from any such disputes, or to involve us in such disputes in any way. The responsibility for resolving such disputes is entirely your own.

Changes to Our Service. We reserve the right to alter or withdraw any aspect of our Service, or our Service as a whole, at any time without incurring any legal liability. We are also not required to provide you with advance notice of any such withdrawals or alterations.

Definition of “Released Parties.” For the purposes of these Terms, the phrase “Released Parties” is defined as DelCoraMusic.com, its employees, agents, officers, directors, partners, licensors and affiliates. The phrase is meant to signify, in a general way, all parties declared by these Terms to be released from legal liability in the event of a dispute between you and another user of this Service or some third party.

A. Disclaimer Pertaining to Indemnification and the Limitation of Legal Liability

We are not legally liable for anything that may arise in relation to or as a result of your use of our Service. If something you do while using our Service embroils us in litigation, you will be required to indemnify all Released Parties for their legal costs. This is laid out in the following disclaimer:

By agreeing to our Terms and using our Service you acknowledge that none of the Released Parties shall be liable to you for any damages whatsoever resulting from any conditions specified in the following list. This includes direct, indirect, pecuniary, repuational or any other kinds of conceivable damages.

 Your direct use of or inability to use the Service;
 The statements of any other user or third party on the Service;
 Your reliance on any of the content we make available;
 Any unauthorized access to your account or any resulting alterations to any of your data;
 The cost of procuring or replacing any goods or services received as a result of any transaction entered into while using or because of our Service;
 Any other matter whatsoever pertaining to the Service.

Depending on the jurisdiction in which you find yourself, some of the provisions in this disclaimer relating to the disclaiming of liability may not apply to you.

Furthermore, you agree to hold harmless and fully indemnify any and all Released Parties from any legal claims, lawsuits or demands for damages that arise as a direct result of your use of our content, your breach of our Terms or your reliance on any third-party content which may or may not be reliable.

B. General Warranty Disclaimer

It is to be understood that you use DelCoraMusic.com purely at your own risk. We make no guarantees or warranties repeating any possible legal liabilities you may incur, as expressed in the following disclaimer:

By using our Service and thereby agreeing to these Terms, you explicitly affirm and indicate that: (A) you use our Service entirely at your own risk and that all Released Parties expressly disclaim all warranties of any kind whatsoever; (B) our Service is provided to you on an “as is” basis; (C)

Release Parties offer no guarantees or warranties that (i) you will be satisfied by your use of the service in any respect, including in terms of its quality, accuracy, fitness for your purposes or security, (ii) the Service will always continue to operate in a swift, simple and error-free way, and (iii) any errors which do occur with the Service will be corrected; (D) you assume any and all risks for any material which you download through our service, including any damage to your computer, mobile device or personal data that may result therefrom.

11. Arbitrations and Waivers of Jury Trials or Class Action Lawsuits

If any dispute or controversy arises between you and DelCoraMusic.com about these Terms or any

aspect of them, you agree to contact us at soporte@DelCoraMusic.com about the matter first. You further agree to submit to personal arbitration to resolve such disputes. The only exception to this involves cases surrounding relief of an injunction. In such cases, you will be allowed to proceed to court without submitting to arbitration if doing so is required for you to avoid grievous harm. However, if we prevail in court against you in matters pertaining to injunctive relief, we may collect reasonable attorneys’ fees from you.

Moreover, you admit and acknowledge that, with respect to any dispute arising between the Released Parties and yourself which pertains in any way to either these Terms or the use of our Service, you:

 Forfeit your right to a trial by jury;
 Forfeit your right to serve as either a member or a representative in any capacity in a class action lawsuit;
 Are required to file your claim within one (1) years of its having arisen, lest it be forever barred.

12. Summation of General Terms

The Terms spelled out herein constitute the entirety of the agreement between us and you, the user. Our failure to enforce any of the terms and conditions mentioned here is not to be understood as a waiver of the right to do so. Rather, we retain the right to enforce these Terms at all times and by any legally permissible and appropriate means.

Even if a court declares that one or more of the provisions located herein are invalid, it shall be understood that the court should strive to give effect to the likely intentions of the parties that were expressed when these terms were drafted.

Section titles and all other organization accoutrements in these terms exist purely for the sake of readability and ease of locating information. They have no legal import in themselves. The Privacy Policy and other agreements incorporated into these terms are likewise understood to have legally binding effect.

These Terms may be translated into any other language for the purpose of allowing customers who are not conversant with English to understand them. However, in case of any translational discrepancies between foreign-language versions of these terms and the English-language version,

the English-language version is understood to contain the legally binding and dominant interpretation.

13. Force Majeure

To the fullest extent dictated under the relevant law, we are excused from fulfilling our obligations under these Terms for any duration of time during which we are prevented from so doing by a Force Majeure Event. This phrase (“Force Majeure Event”) refers to any event or group of events which may be caused by, result from or follow as a consequence of (a) acts of war, terrorism, insurrection, rioting or extreme civil disobedience or disturbance; (b) strikes initiated by labor; (c) disease quarantines or trade embargoes; (d) extreme weather events and similar acts of God; (e) serious internet or telecommunications malfunctions resulting from a hack, infrastructural breakdown or

similar chaotic disruption; (f) any other event or events the causes of which can be reasonably said to be beyond our control or ability to anticipate.

14. Suggestions and Comments to Us

Of course, we happily welcome all of your comments and suggestions on how to improve our websites and our Service. However, if you decide to share creative ideas with us and we decide to implement those ideas, we are not required to compensate you for your suggestion(s). We will own all rights to said idea(s) unreservedly and will be entitled to make unrestricted use of them.

15. Consumer Protection Notice

Please understand that the limitations sketched out and expressed in these Terms are only meant to reach as far as the consumer protection laws of your state permit. If you state’s consumer protection laws contradict anything in these terms, the state law takes precedence.

Contact Information

If you have any questions, concerns or objections to anything in these Terms or to our Service in general, please feel at liberty to reach out to soporte@delcoramusic.com.