Terms and Conditions of Use

These Terms and Conditions of Use (the "Terms") govern your use of the labelmiraclestudioapps platform (the "Platform") and provide you with information about the services proposed by the Platform (the "Services").

The Platform is provided by miraclestudioapps LLC ("We" or "Us"). Therefore these Terms form an agreement between you and miraclestudioapps LLC. By accessing or using the Platform, you agree to these Terms, on your behalf and on behalf of your organization if you are the Main User.

These Terms can be supplemented by special terms and conditions for particular Services (the "Special Terms").

1. The Platform

The Platform is an online solution that centralizes various functionalities for miraclestudioapps LLC and its users to handle all aspects of the distribution of music content (the "Content"), and associated services.

2. Acceptance of the Terms

Users must validate these Terms to access the Platform. By accessing this website at https://www.labelmiraclestudioapps.com/, you confirm that you have the legal capacity to enter into a binding contract and agree to comply with these Terms.

Your use of our Services is also governed by our Privacy Policy and other relevant policies, all of which are incorporated by reference.

3. Access to the Platform and Services

Eligibility

The Platform is open to artists, producers, and labels (the "Users") engaged in a distribution agreement (the "Agreement") with miraclestudioapps LLC or one of its affiliated companies.

Users must be 18 years of age or older, or above the age of majority in their jurisdiction. If you are under this age, you must not access or use the Services.

Service Variations

miraclestudioapps LLC can decide to propose different versions of the Platform to different Users, according to the particularities of their respective Agreements.

miraclestudioapps LLC can, from time to time, propose new Services. The Services are either made automatically available to all or some categories of Users, without any change in these Terms or with a modification of these Terms.

Business Entity Use

If you use the Services on behalf of a business or entity (the "Entity"), you confirm that:

• "You" includes both you and the Entity
• You are an authorized representative of the Entity, agreeing to these Terms on its behalf
• The Entity is legally and financially responsible for your use and anyone else using your account on behalf of the Entity

4. User Account

Account Creation

After execution of the Agreement, an email is sent to the email address used by the User for the negotiation and execution of the Agreement (the "Main Email"). By clicking on the link provided in this email, the User can access the Platform.

To use Services rendered hereunder, you must create an account (the "Account") and provide the necessary information and materials for review.

It is essential that the information you provide is accurate, authentic, and up-to-date. You must also update your details promptly as needed. By providing this information, you authorize us to verify your identity.

We reserve the right to deny any account registration or certification application at our discretion.

Account Security

Each User will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and passwords and for restricting access to your computers.

You accept responsibility for all activities that occur under your Account. If you have reason to believe that your Account is no longer secure, you shall immediately notify us using the contact details provided in these Terms.

We can require at any time that Users change their passwords. Access to the Platform can be suspended for Users refusing to comply.

Main User and Sub-Users

Upon first connection to the Platform, the User will be invited to create the Main User access, from which Sub-Users can be created.

The Main User access must be used only by an authorized signatory of the User entity, with the power and authority to legally bind the User.

The Main User must make sure its Main Email as mentioned on its account is always up to date, and that communications can be sent to, received by and read on this email address.

Some actions can only be performed by the Main User, such as:

• Creating Sub-Users
• Defining what Services Sub-Users can access
• Contacting miraclestudioapps LLC's customer support team

The Main User is responsible for any action taken by Sub-Users on the Platform. It shall grant access to Sub-Users only to Services they need to access for performance of the Agreement. By granting access to a Sub-User for a particular Service, the Main User empowers the Sub-User to act on behalf of the User entity on the said Service. The Main User and the User entity are jointly and severally responsible for all actions of a Sub-User on the Platform.

miraclestudioapps LLC reserves the right, at its sole discretion and at any time, to determine that some Services are open only to some kind of Users, and to restrict access for instance to the Main User only, or to permit only Sub-Users with express authorization from the Main User to perform some actions on the Platform.

miraclestudioapps LLC reserves the right to limit the number of Sub-Users.

Any requests regarding the Main User access, such as the change of the Main Email, can be made directly to miraclestudioapps LLC's customer support team.

The Main User is responsible for closing Sub-User access when they are no longer involved in the performance of the Agreement.

Account Deletion

If you wish to delete your account, contact us via the email provided at the end of these Terms. Once your account is deleted, it cannot be reactivated, and your stored content will not be retrievable.

However, account deletion does not affect the rights granted to us under the License Agreement for Music Content uploaded before deletion, and we may continue using such content as per the License Agreement.

5. miraclestudioapps LLC Intellectual Property

The Platform, including the content, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information (such as logos), the selection, sequence, "look and feel" and arrangement of items, and all other elements provided by miraclestudioapps LLC ("miraclestudioapps LLC Materials"), are owned and/or licensed by miraclestudioapps LLC, and are legally protected, without limitation, under applicable law.

Except as expressly authorized by miraclestudioapps LLC, each User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of, the Platform/Services and/or miraclestudioapps LLC Materials.

miraclestudioapps LLC reserves all rights not expressly granted in these Terms. Users shall not acquire any right, title, or interest in miraclestudioapps LLC Materials, except for the limited rights expressly set forth in these Terms.

6. User Content and Intellectual Property

Music Content

Our Services enable Users to upload and distribute music content ("Music Content"). You acknowledge that the Music Content you upload may include:

• Audio or audio-visual recordings of musical compositions
• Related cover art and accompanying materials
• Other relevant metadata such as tags, titles, release dates, music publisher names, and ISRC or UPC codes

Through your account, you can upload, submit, or share Music Content and other User Content at your expense, following the formats we specify using our provided tools and functionality.

User Content Definition

For the purposes of these Terms, "User Content" refers to any content you create and choose to share on the platform, including but not limited to text, photos, videos, sound recordings, your Music Content, and any compositions contained within.

Ownership and License

You own all property rights on all User Content you download, share, modify or create on the Platform.

The rights granted to miraclestudioapps LLC regarding User Content, as defined in the Agreement, are governed by said Agreement. Rights in User Content relating to particular Services can be governed by related Special Terms.

Notwithstanding the rights governed by the Agreement and by Special Terms, you grant miraclestudioapps LLC a non-exclusive, royalty-free, transferable license to use, reproduce, digitize, encode, store, transmit, distribute, modify, adapt, translate, prepare derivative works of, display, perform or otherwise exploit such User Content in connection with the operation of the Platform and Services. The consideration for this license is the performance by miraclestudioapps LLC of its services under the Agreement.

All User Content remains under your sole control and responsibility at all times and miraclestudioapps LLC does not exert editorial control over User Content. Nothing herein obligates miraclestudioapps LLC to verify, and miraclestudioapps LLC has not necessarily verified, the representations and warranties made by Users with respect to User Content.

User Content Confidentiality

Your User Content is considered non-confidential and non-proprietary, meaning you should not upload content that you wish to keep confidential.

Feedback

Any feedback, analysis, suggestions and comments provided by Users to miraclestudioapps LLC will become the property of miraclestudioapps LLC.

7. User Representations and Warranties

Each User, as well as the User entity for all Users under its Account, jointly warrants and represents that:

• Any User accessing the Platform is 18 years of age or older
• You own, or have the necessary licenses, rights, consents and permissions to use and authorize miraclestudioapps LLC to use, all proprietary rights in and to any and all User Content
• All of your User Content is your original work and you fully own all rights, titles, and interests in the User Content (including the compositions in the Music Content), without any third-party claims, restrictions, or liens on the content
• User Content, miraclestudioapps LLC's use of such User Content for the operation of the Platform and performance of related Services do not and will not infringe, violate or misappropriate any third-party right, or violate any applicable law or regulation

Each User undertakes to:

• Comply with, under their full liability, all regulations applicable to the operations that they perform
• Use the Platform and the Services in compliance with these Terms
• Use the Platform and the Services for legitimate purposes only, and not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Platform or Services, for unauthorized purposes
• Be truthful about any declaration they may make while using the Platform. miraclestudioapps LLC is not required to verify any such declaration, made under User's sole responsibility

8. User Content Compliance

We prioritize creativity and authenticity. You confirm that all your User Content is original, and you own the full rights to it, including the compositions in your Music Content.

Your content must not contain hidden or direct advertising or endorsements of third-party products or services without our written consent.

Music Content Standards

Your Music Content should comply with appropriate distribution standards and should not include:

1. Generic sound recordings (e.g., rain or forest sounds)
2. Unlicensed samples
3. Podcasts, audiobooks, or radio shows
4. Parodies or tributes
5. Unauthorized cover versions, mixes, or remixes
6. Unauthorized compilations

Content and Usage Guidelines

Legal and Copyright Compliance: Your content must not infringe on any third-party rights, including intellectual property and privacy rights.

If found to be in violation, one content will be fined 300 USD (for legal handling purposes), and your royalties will be withheld 100% for 360 days or access will be blocked.

Appropriateness: Your content must not be obscene, libelous, misleading, offensive, or otherwise inappropriate.

Prohibited Content: Your content must not promote or contain hate speech, violence, illegal activity, harassment, or exploitation, and must avoid discriminatory or harmful behaviors.

Commercial Use: You cannot use the Services for unauthorized commercial purposes without our written consent, nor can you send spam or unauthorized advertisements.

Compliance with Third-Party Platforms: Your User Content may be shared on third-party platforms (such as Distribution Platforms), and must comply with their terms of service, community guidelines, and policies. Be sure to follow all rules of those platforms when distributing your content.

9. Prohibited Uses of the Platform

Each User agrees not to:

• Use the Platform for any purpose that is unlawful or prohibited
• Use the Platform unreasonably, and overload it with unreasonable number of queries
• Modify or copy the materials
• Use the materials for any unauthorized commercial purpose or for any public display
• Attempt to reverse engineer any software contained on the Platform
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or "mirror" the materials on any other server
• Intentionally interfere with or damage, impair or disable the operation of the Platform or any User's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code
• Remove, circumvent, disable, damage or otherwise interfere with any security-related feature of the Platform
• Attempt to gain unauthorized access to the Platform or any part of it, other accounts, computer systems or networks connected to the Platform
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform
• Modify the Platform in any manner or use modified versions of the Platform
• Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without miraclestudioapps LLC's express prior written permission
• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof
• Create derivative works based upon the Platform or any part thereof
• Impersonate another person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity
• Upload personal data of third parties (e.g., phone numbers, credit card info) without consent, nor any content that may harm or expose users or the Services to liability

10. Breaches and Enforcement

In case of breach of any of the representations and warranties above at Section 7 or prohibited use of the Platform as listed at Sections 8 and 9, and except in case of emergency, miraclestudioapps LLC will send a written notice to the Main Email, setting out the breach and the actions to be taken to remedy such breach, if such breach is remediable. The cure period shall depend on the level of seriousness of the breach.

Should the breach not be remediable, or should you fail to take all reasonable steps to cure the breach within the notice period, miraclestudioapps LLC shall, following the expiry of such cure period if applicable, be entitled, at its sole discretion acting reasonably and proportionately to damages suffered by miraclestudioapps LLC or its Users as a result of the breach, to:

i) Suspend one or several User access(es), or an Account altogether, to some Services only, where the use of those Services has given rise to a breach

ii) Suspend one or several User access(es) to the Platform, for the individual Users responsible for the breach

iii) Suspend the Account altogether

iv) Terminate one or several User access(es)

v) Terminate the Account

The measures referred to in this section can be cumulative or successive, and shall not prevent miraclestudioapps LLC from seeking indemnification, damages, or any other remedy from you.

We reserve the right to suspend or ban accounts or devices involved in serious or repeated violations of these Terms.

Legal Costs Recovery

In cases where miraclestudioapps LLC suspects improper conduct associated with an account or recordings, it has the discretion to engage an attorney. To compensate for the legal fees and expenses incurred during such engagements, miraclestudioapps LLC may deduct the costs from the account balance or charge an alternative payment method, with a minimum deduction amount of Three Hundred Dollars ($300). This provision enables miraclestudioapps LLC to address the situation effectively while covering the associated costs.

11. Disclaimer and No Warranties

No Warranties

To the fullest extent permissible pursuant to applicable law, miraclestudioapps LLC disclaims all warranties, statutory, express or implied, applicable to the Platform and any Services or features made available to Users on the Platform. No advice or information, whether oral or written, obtained from miraclestudioapps LLC or through the Platform, will create any warranty not expressly stated herein or in Special Terms.

Third Party Services or Content Disclaimer

In providing the Platform and the Services, miraclestudioapps LLC will be required to enter into certain agreements with various third parties. Some Services might also redirect Users to third party services and will be subject to said third party terms and conditions. Under no circumstances will miraclestudioapps LLC be liable in any way for or in connection with third party content or services.

Platform Availability

miraclestudioapps LLC does not warrant that the Platform and Services or any information offered on or through the Platform will be uninterrupted, free of errors, viruses or other harmful components, and miraclestudioapps LLC does not warrant that any of the foregoing will be corrected.

miraclestudioapps LLC may make changes to or discontinue any of the Services available on the Platform at any time, with reasonable notice whenever possible and depending on the characteristics of the Service. miraclestudioapps LLC makes no commitment to update any Service or part of the Platform or keep it up to date.

Accuracy

miraclestudioapps LLC does not warrant or make any representations regarding the use, or the results of the use of, the Platform and Services, in terms of correctness, accuracy, reliability, or otherwise.

Harm to Computer

Each User understands and agrees that using, accessing, downloading or otherwise obtaining information, materials, or data through the Platform is at their own discretion and risk and that they will be solely responsible for any damage to their property (including their computer system) or loss of data that results from the use or download of, or other access to, such material and data.

12. Privacy

The operation of the Platform and Services requires the processing of personal information, as defined by applicable data protection regulations. miraclestudioapps LLC will process this personal information in accordance with its Privacy Policy.

13. Indemnification

You agree to defend, indemnify, and hold harmless miraclestudioapps LLC, its parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, that arise from:

• Your use or misuse of the Platform and Services
• Your violation of these Terms
• Your violation of the rights of any other person or entity
• Your breach of the foregoing representations, warranties and covenants
• Any actual or alleged infringement of third-party intellectual property rights related to your User Content
• Any unauthorized use of your Account not caused by miraclestudioapps LLC

miraclestudioapps LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify miraclestudioapps LLC, and you agree to cooperate with miraclestudioapps LLC's defense of these claims. You agree not to settle any matter giving rise to this indemnification obligation without miraclestudioapps LLC's prior written consent. miraclestudioapps LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute.

14. Limitation of Liability

Subject to applicable law, under no circumstances, and under no legal theory, including, but not limited to, negligence, shall miraclestudioapps LLC or its affiliates, 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 inability to use, the Platform and Services, even if miraclestudioapps LLC has been advised of the possibility of such damages.

Nothing in these Terms attempts to exclude or limit miraclestudioapps LLC's liability for:

• Fraud or fraudulent representation
• Death or personal injury caused by negligence
• Any other liability which cannot be excluded or limited by applicable law

15. DMCA Compliance and Copyright

miraclestudioapps LLC respects intellectual property rights. If you believe that your copyrighted work has been used in a way that constitutes copyright infringement, you may give notice to miraclestudioapps LLC at any time by registered mail with return receipt or by email to:

[email protected]

The materials contained in this Platform are protected by copyright and trademark law.

16. Termination

User-Initiated Termination

The Main User can terminate Sub-User accesses at any time.

The Main User access and the Account remains open for the term of the Agreement.

miraclestudioapps LLC-Initiated Termination

miraclestudioapps LLC may suspend or terminate any Main User or Sub-User access, or any Account, at all times and without notice if a User violates these Terms, in accordance with Section 10 above.

Post-Termination

The Account will be closed or restricted upon the termination of the Agreement, provided however that you will be enabled to download your final information and data for a reasonable period.

Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.

17. Miscellaneous

Hierarchy

In the event of any incompatibility between the provisions of these Terms and the Special Terms, the Special Terms shall prevail. In the event of any incompatibility between the provisions of these Terms and/or Special Terms on the one side, and the Agreement on the other side, the Agreement shall prevail.

Modification of Terms

miraclestudioapps LLC reserves the right to change these Terms relating to the Service at any time and from time to time, or to add or withdraw Special Terms.

miraclestudioapps LLC will provide Users with advance notice of changes to these Terms (e.g., by email or through the Platform), which will give them the opportunity to review the revised Terms before they become effective.

If a change creates new and substantial obligations on the Users, miraclestudioapps LLC will require their consent, and if they don't agree to the new Terms, they will not be able to access the Platform.

For other changes, Users will be bound by the new Terms if they continue to access the Platform after the new Terms come into effect. In that case, Users who do not agree to the new Terms must stop using the Platform.

Your continued use of the Service after any such changes and/or postings shall constitute your consent to such changes.

Notices

Notices regarding these Terms and use of the Platform can be provided to Users by postings on the Platform, or by email to the Main Email. It is the Main User's responsibility to update said Main Email in case of change, and to check this inbox regularly.

Notice to you will be deemed given twenty-four hours after an email is sent, unless miraclestudioapps LLC is notified that the email address is invalid.

You may provide miraclestudioapps LLC with notices at: [email protected]

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.

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. The remaining provisions shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

Assignment

You may not assign these Terms without the prior written approval of miraclestudioapps LLC. Any purported assignment in violation of this section shall be void.

miraclestudioapps LLC reserves the right to use third party providers in the provision of any Service associated therewith.

Class Action Waiver

Each User agrees that they will not file or participate in a class action against miraclestudioapps LLC.

Headings

The headings used in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

18. Governing Law and Jurisdiction

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where miraclestudioapps LLC is based, without giving effect to any principle of conflicts of law.

Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts located within that jurisdiction, and you hereby consent to the personal and exclusive jurisdiction and venue of such courts.

International Use

We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from locations other than the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for compliance with any applicable local laws.

19. Contact Information

If you have any questions regarding these Terms or wish to contact us for any matter:

Email: [email protected]

DMCA Takedowns: [email protected]

Website: https://www.labelmiraclestudioapps.com/

20. Legal Notice

miraclestudioapps LLC is a limited liability company registered in accordance with applicable law.

All rights not expressly granted herein are reserved by miraclestudioapps LLC.

21. Acknowledgment

By accessing or using the labelmiraclestudioapps website or mobile application, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of these Terms.

We recommend you save or print a copy of these Terms for your records.

The Service is hosted in the E.U by AWS - ID