Terms and Conditions of use Arge Music

I. NATURE AND SERVICES:

Arge Music is a company specialized in composing music for audiovisual media (film, television, and video games, etc.); we are creators of emotions and senses, highlighting the best of our culture.
Arge Music presents through the website www.argemusic.com, three lines of service:

1. Music Snippet Library:

Arge Music promotes access to more than 1,000 musical fragments of different genres and themes, with a non-exclusive download option for use in audiovisual content. In this library, composers from all over the world will be able to upload their content available for downloads, receiving a percentage of the payment, each time Arge Music is paid the license to use their musical fragments.

II. REGISTRATION FOR ACCESS TO ARGE MUSIC LIBRARY:

To access the fragment download services in the library, you must register on the Arge Music platform, creating a username and password. The information requested in the entry form will be stored in accordance with the personal data management policy that you can consult here .

As a user, you agree to provide Arge Music with the complete information and you will see, as well as to keep your information updated in the account that is created in your name. Once the form has been completed, you will have created an account with a username and password, which will allow you to access the contents of the library as well as buy the licenses of your choice. Your username and password are strictly personal and in no case should you share or disclose them to third parties. As a user, you are personally responsible for the handling of your identification data and you must use them in accordance with the provisions of these terms of use, exempting Arge Music from any liability, caused by the improper use of your identification data.

Arge Music is not responsible in case of theft of the identification data and / or the identity of its users. If, as a user, you notice or suspect a fraudulent use of your user account, we ask you to inform us immediately by sending an email to gerencia@argemusic.com

2. As a Composer:

Your user account may also allow you to access as a composer, in case you want to enter your music in the Arge Music showcase. On this point you will be asked in the form and you must enter the respective information to access.

To upload your own fragments, you can do it directly from your user account. For each publication, you must fill in the requested information specifying for each fragment, the name of the work, the name of all the holders of the rights, as well as the uses that you will allow to negotiate through Arge Music.

III. USER COMMITMENTS:

As a user, you must comply with the following obligations:

- Use the licensed fragments, exclusively under the license granted, which will be indicated before making the purchase and will also be included in an icon next to the fragment that you will download.

- Refrain from infringing any intellectual property right on the published works as well as on the other protected contents of the website.

- Refrain from making modifications, adaptations or arrangements to the licensed fragments, except for the purpose of editing their duration.

- Refrain from publishing inappropriate or abusive content and act legally towards Arge Music, its users and composers. Consequently, you agree to refrain from publishing, by any means, content or information that may directly or indirectly affect any third party; that is defamatory, insulting, obscene, immoral, offensive or violent, or that incites any type of political, racist or xenophobic violence; be it physical, verbal or psychological.

- Refrain from using technological mechanisms of evasion of protection measures against the files and contents of the website, including the fragments for download.

- In all cases of use of licensed fragments, we recommend that you indicate the name of their author.
- If you purchased an annual subscription, the maximum number of downloads allowed per month is twenty (20) audios in the Spinel license, twenty (20) in the Sapphire license and twenty (20) in the Esmeralda license.

- If you purchased a monthly subscription, the maximum number of downloads allowed per month is ten (10) audios in the Spinel license, ten (10) in the Sapphire license and ten (10) in the Esmeralda license.

In any case, if Arge Music detects that as a user, you breach any of the obligations contained herein, it may, without prior notice, close your account on the platform, and may also initiate the respective legal actions.

IV. COMPROMISOS DEL COMPOSITOR:

When entering your compositions, you must guarantee that you are the author of them or that you have the respective, specific and written authorization to publish these works and authorize Arge Music to commercialize them via a use license.

The platform is only available to people who have the legal capacity to contract. You will not be able to use the services if you are a minor.

The platform will request for the proper upload of your music, that the following documents be attached:

- Copy of your identification document.

- Copy of your tax document (RUT or similar), in the case of Colombian accounts.

- Bank certification (in the case of Colombian accounts).

- Information about your paypal account (For non-Colombian accounts).

All this information will be handled according to our personal data treatment policy that you can consult here .

It is mandatory to complete the registration form in all its fields with valid data in order to use Arge Music services. As a composer, you must complete it with your personal information in an exact, precise and true way and you assume the commitment to update the personal data as necessary, as well as guarantee and respond, in any case, for the veracity, accuracy, validity and authenticity of the personal data entered.

Arge Music reserves the right to request any additional proof and / or data in order to corroborate the data presented, as well as to temporarily or permanently suspend those users whose data could not be confirmed. In these cases of disqualification, all published fragments will be removed, without generating any right to compensation.

The composer will access his personal account by entering his e-mail and chosen personal security password, and is obliged to maintain the confidentiality of his password. The account is personal, unique and non-transferable.

As the owner of the account, you are responsible for all operations carried out on it. You agree to notify Arge Music immediately and by suitable and reliable means, of any unauthorized use of your account, as well as access by unauthorized third parties to it. It is clarified that the sale, assignment or transfer of the account is prohibited under any title.

Only after entering the requested information, you will be able to upload your music and it will be reviewed by the Arge Music team, especially in its audio quality conditions, and then make it available to users.

The fragments must meet the following technical requirements: Audio format: .Wav or .AIFF. Bit depth: 24 bits, Sampling frequency: 44.1 or 48 Hz. The maximum size of each file is 400 MB.

The moment a user purchases a license for your music, the system will notify you via email.

As a composer, you guarantee that the fragments that you will publish are not registered for collection in any public or private entity, and especially, in collective management societies, distribution companies, publishers, producers or labels, in a way that would restrict the authorization granted to Arge Music or its users.

As a composer, you release Arge Music from any claim that may result from the violation of the obligations listed in this document.

At any time, you can unsubscribe and withdraw all or part of your fragments, through your account. However, the downloads that occurred before your withdrawal will not cease to be used by whoever downloaded them and paid for their use. As a composer, you declare that you release Arge Music from any third party claim in this regard.

By entering the profile as a composer and uploading your creations, you are authorizing Arge Music to:

- Publish the fragment (s) of your authorship on the website.

- Reproduce the fragments) of your authorship in any medium.

- Adapt the fragments) of your authorship in any format to meet the requirements of Arge Music and its users.

- Include an image that accompanies the promotion of the fragment and that will be selected at the discretion of Arge Music.

- Make the dissemination and publicity that Arge Music considers optimal to promote the download of your fragment (s).

- Promote your music under the Arge Music license modalities, which you can learn abouthere .

- Receive payment for the license to use your fragment (s) and distribute the percentage that corresponds to you according to the type of license, package or subscription that the user actually acquires.

- Manage the money received, discounting the costs related to the operation and administration of the platform, before making the payment.

- Keep the money collected as a license and pay it in the account that you indicate (bank account or paypal), on the payment dates previously defined by Arge Music and that you accept when entering your account as a composer.

- Sublicense the fragment to users under the license conditions that they choose and leave Arge Music harmless for any use that the user makes and that exceeds that authorized in the license.

The composer will indemnify and hold harmless Arge Music, its subsidiaries, controlled and / or controlling companies, directors, administrators, representatives and employees, for any claim or demand from other users or third parties for their activities on the site or for their breach of the General Terms and Conditions and other Policies that are understood to be incorporated herein or for the violation of any laws or rights of third parties.

Payment conditions:

Arge Music will pay the following percentages for your music:

- Fifty percent (50%) of the sale price of an individual license:

- The corresponding proportion of forty-five percent (45%) of the sale price, when the purchase is made through a license package. The above because this percentage will be divided by the number of licenses purchased in the selected package.

- The corresponding proportion of fifty-five percent (55%) of the sale price, when the purchase is made through a monthly or annual subscription. The above because this percentage will be divided by the number of downloads of this subscription.

By uploading your music you are authorized to Arge Music to negotiate it through its platform including promotions, special packages or business agreements.

Payment reports will be made on a monthly basis and at the request of the composer through the settlement generation route. This request must be made by the composer within the first eight (8) days of each month and payments will be made on the fifteenth (15) day of each month. If the request for settlement generation is made after the first eight (8) days of the month, the payment will be made the following month. As a composer, you accept that the payment will be made as long as the settlement is equal to or greater than fifty US dollars (USD 50); In the event that the accumulated amount was for a sum less than said value, the payment will be made in the following month provided that this minimum limit is reached, and provided that the composer makes the request (generation of settlement) within the stipulated terms, without this representing a default on Arge Music's payment to the composer.

The composer then confers a mandate to Arge Music to carry out the collection in the bank accounts arranged by Arge Music, of the monies paid by the users. The obligation assumed by virtue of the mandate by Arge Music, will be of means and not of result, and does not constitute a source of responsibility against the composer, for the absence in the payment that users must make. The taxes or expenses caused by the transfer of license payments in favor of the composer are assumed by the composer.

Arge Music may modify these terms and conditions at any time by posting the modified terms on the site. All modified terms will come into effect 10 (ten) days after their publication. Said modifications will be communicated by Arge Music to users who in the configuration of their Arge Music account have indicated that they wish to receive notifications of the changes in these terms and conditions. If as a composer you do not agree with the modifications made by Arge Music, you can request the cancellation of the account. The use of the site and / or its services implies acceptance of these General Terms and Conditions of use of Arge Music.