Terms of Service

1.Agreement to these terms#

These Terms of Service (the “Terms”) are a binding agreement between you and Encore Music, Inc. (“Encore”, “we”, “us”), a Delaware corporation. They govern your access to and use of the Encore Music website, applications, and services (together, the “Service”).

By creating an account, making a purchase, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you list music or other works for sale or download on Encore, the Seller Agreement also applies to you and forms part of your agreement with us. Where the Seller Agreement conflicts with these Terms on a matter of selling, the Seller Agreement controls.

Our Privacy Policy explains how we handle personal information. It is incorporated into these Terms by reference.

2.Who may use Encore#

You must be at least 16 years old to use the Service, and at least 18 years old to sell on it or to receive payouts. If you use the Service on behalf of a company or other organisation, you confirm you are authorised to bind it to these Terms, and “you” refers to that organisation.

You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, including as a result of appearing on any applicable sanctions list.

3.Your account#

You are responsible for the accuracy of the information on your account, for keeping your credentials secure, and for activity that occurs under your account. Tell us promptly at support@encoremusic.studio if you believe your account has been compromised.

You may close your account at any time. Closing it does not by itself cancel obligations already incurred — completed purchases, amounts owed to you or by you, and records we are required to keep all survive it.

4.What Encore is#

Encore is a marketplace through which artists offer music and related digital works directly to listeners. Artists decide what to list and what to charge, within the pricing rules in the Seller Agreement.

Encore is the merchant of record for purchases made through the Service. That means we take payment from you and are responsible for the transaction, while the artist is the seller of the work itself and is responsible for it.

We do not review or approve everything listed on Encore before it appears, and listing is not an endorsement.

5.Purchases and payment#

All prices on Encore are in United States dollars, and every purchase is charged in United States dollars. The total shown at checkout is what you will be charged, plus any tax shown at that point.

Payments are processed by Stripe. We do not receive or store your full card number. By paying, you confirm you are authorised to use the payment method you present.

If a price shown to you is materially wrong because of a technical error, we may cancel the order and refund you in full rather than complete it at that price.

6.Prices shown in other currencies are estimates#

Encore can display an approximate price in a currency you choose, beside the dollar price. That figure is an estimate and is never the amount you are charged. The charge is always in United States dollars.

The estimate uses a daily reference rate, which will not be the rate your bank or card issuer applies. Your bank or card issuer sets the final rate and may add its own foreign transaction or conversion fee, so the amount on your statement may differ from the estimate you saw. Choosing a display currency does not change what you pay, and does not avoid any fee your bank would otherwise charge.

7.What you get when you buy#

When you buy a digital work on Encore, you receive a personal, non-exclusive, non-transferable licence to download it and to keep and enjoy it for your own private, non-commercial use. You do not acquire ownership of the work or any rights in it.

Unless the artist has expressly granted them in writing, you may not:

• redistribute, share, upload, sell, lend, or make the work publicly available, including on file-sharing services or streaming platforms;
• use the work in a commercial context, including in advertising, video, games, or public performance;
• create derivative works from it, including remixes and samples, or use it to train machine-learning models; or
• remove or alter any credits, metadata, or rights information it carries.

We aim to keep purchased downloads available in your account, but we cannot guarantee indefinite availability — a work may be withdrawn following a rights dispute, a takedown, or an artist closing their account. Download and keep your own copy of anything you want to retain permanently.

8.Refunds#

Your music is available to you as soon as you pay for it.

You can ask for a refund within 30 days of buying, as long as you haven’t downloaded it, in any format, or played it past the free plays its artist offers. Each release, and each track bought on its own, is considered separately. After 30 days, or once you have downloaded it or played it past its free plays, the purchase is final, except as set out below.

We will always refund you where:

• the work is faulty, corrupt, or materially different from how it was described;
• you were charged more than once for the same purchase, or charged in error; or
• the purchase was not authorised by you and you tell us promptly after you become aware of it.

If a file is faulty or will not download, tell us and we will put it right first. Downloads are unlimited and you can take a file as many times as you need, so most problems are resolved by re-issuing it — in the format you bought or, if that one is at fault, another we offer. Email support@encoremusic.studio with your order number and what went wrong. If we cannot deliver a working file within a reasonable time, you are entitled to a refund, and asking us to try first does not affect that or any other right you have.

To ask for a refund, use Get help with an order, or email support@encoremusic.studio with your order number. We check each request against these terms and reply by email.

Anything you added for the artist is refunded with the order it was added to, and in proportion if only part of the order is refunded.

If you are a consumer in the United Kingdom or the European Economic Area: you ordinarily have a 14-day right to withdraw from a purchase of digital content. By paying, you ask us to make your music available straight away, and you acknowledge that you lose that right for an item once you download it or play it past its free plays. Until then, the refund above applies for 30 days, longer than the law requires. This does not affect your rights where the content is faulty or not as described.

We may also issue a refund at our discretion.

9.Voluntary contributions#

Encore lets you add a voluntary amount to an order to support the artists in it. Adding one is optional, you choose the amount within the limits shown, and declining changes nothing about your purchase.

A contribution is part of what you pay for the order. It buys no additional goods, rights, access, or benefit of any kind. It is not a charitable donation and is not tax deductible. It is not refundable separately from the order it was made with; if the order is refunded, the contribution is refunded with it.

10.Content you provide#

You keep ownership of everything you upload or post to Encore. By providing content, you grant Encore a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for technical purposes (such as transcoding and generating previews and artwork sizes), publish, and display that content, solely to operate, promote, and improve the Service. The licence ends when you remove the content, except for copies retained in backups for a reasonable period and copies we must keep by law.

You confirm you have all rights necessary to grant that licence, and that your content does not infringe anyone else’s rights.

11.Acceptable use#

You agree not to:

• upload or distribute content you do not have the rights to, or that infringes copyright, trade marks, privacy, or publicity rights;
• upload content that is unlawful, defamatory, harassing, hateful, or sexually exploits any person, particularly a minor;
• use the Service to launder money, process fraudulent payments, test stolen payment credentials, or evade sanctions;
• manipulate sales, streams, or other metrics, including by purchasing your own listings to inflate them or to convert payments;
• circumvent access controls, scrape the Service at scale, or use it to build a competing dataset or to train machine-learning models; or
• interfere with the Service’s operation or security, including by introducing malware or attempting unauthorised access.

12.Copyright complaints#

If you believe content on Encore infringes your copyright, send a notice to support@encoremusic.studio containing: your physical or electronic signature; identification of the work you say is infringed; identification of the material you say infringes it and where it is on the Service; your contact details; a statement that you believe in good faith the use is not authorised by the rights holder, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorised to act for the rights holder.

We remove or disable material we determine is infringing, and we notify the person who posted it, who may submit a counter-notice. We terminate the accounts of repeat infringers. Knowingly misrepresenting that material is infringing may make you liable for damages.

13.Services we rely on#

Encore uses third parties to operate, including Stripe for payments and payouts and Clerk for authentication. Using the Service means your information is handled by those providers as described in our Privacy Policy, and payouts are additionally subject to Stripe’s own terms. We are not responsible for third-party services we do not control.

14.Changes to the Service#

We are building Encore, and features will be added, changed, and removed. We may modify or discontinue any part of the Service. Where a change would materially reduce something you have already paid for, we will give notice and, where that is not practical, a refund.

15.Suspension and termination#

We may suspend or terminate your access if you breach these Terms or the Seller Agreement, if we are required to by law, or if we reasonably believe your use exposes Encore, an artist, or a buyer to legal or financial risk — including suspected fraud or payment abuse.

Where it is reasonable to do so, we will tell you why and give you an opportunity to put it right. Terminating your access does not affect amounts already owed in either direction, and any sums we hold for you remain yours on the terms of the Seller Agreement.

16.Disclaimers#

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that content available through it is accurate.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence or for fraud. If you are a consumer, you keep your statutory rights.

17.Limitation of liability#

To the fullest extent permitted by law, Encore will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, whether or not we were advised such damages were possible.

Our total liability arising out of or relating to these Terms or the Service is limited to the greater of the amount you paid to Encore in the twelve months before the event giving rise to the claim, or one hundred United States dollars.

18.Indemnification#

You will indemnify and hold harmless Encore and its officers, directors, employees, and agents from any claim, demand, loss, or expense (including reasonable legal fees) arising out of your content, your use of the Service, your breach of these Terms, or your violation of any law or third-party right.

19.Governing law and disputes#

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to their jurisdiction and venue.

If you are a consumer resident in the United Kingdom, the European Economic Area, or another jurisdiction whose law gives you the right to bring proceedings in your local courts or to rely on your local consumer protection law, nothing in this section takes that right away.

Before filing a claim, please contact us at support@encoremusic.studio so we can try to resolve it directly.

20.Changes to these Terms#

We may update these Terms. When we do, we will revise the “Last updated” date above, and where the change is material we will give you reasonable notice before it takes effect — by email or in the Service. Continuing to use Encore after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and close your account.

21.General#

These Terms, together with the Seller Agreement where it applies to you and the Privacy Policy, are the entire agreement between you and Encore about the Service, and replace any earlier terms you accepted for it.

If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force. Our not enforcing a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries.

22.Contact#

Encore Music, Inc. — support@encoremusic.studio