Terms & Conditions

Additional terms and conditions may apply to additional areas of the website or to particular negotiations or content posted on the site, in conjunction with the actual Terms of Service Agreement.

The Sky Music holds the right to make changes to the Agreement at any time. Customers who use the The Sky Music agree to follow any change or modification and are bound to the modified Terms of Service Agreement. The current revision date of the Terms of Service is listed above.

WEBSITE USE

We provide a music pitching and distribution platform that allows musicians to pitch their music through a configurator as well as distribute music (collectively, the “Services”). The Services may be purchased online through The Sky Music. By purchasing any Services, you agree to pay the indicated purchase price and further agree that (a) you have the authority make such a purchase and (b) you will not use the Services for any fraudulent or illegal purpose whatsoever.

The Sky Music Service(s) may be accessed and used solely for lawful purposes. You agree to abide by all applicable laws, rules and regulations in connection with your use of The Sky Music Service(s) at all times during the Term. You warrant and represent that you will not use The Sky Music Service(s) to transmit, distribute, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. You further agree not to threaten, harass, abuse, slander, defame or otherwise violate the legal rights of any employee, contractor or agent of The Sky Music. The Sky Music may remove your Recordings, Materials and Metadata and terminate your The Sky Music Account if you are deemed (in our sole discretion) to have been abusive or rude, or to have provided false or misleading information to any The Sky Music employee, contractor or agent. Your The Sky Music Account shall be used solely by you and may not be transferred or shared with any third party. You acknowledge that you are solely responsible for all usage or activity on or through your The Sky Music Account. You shall immediately notify The Sky Music of any breach of security or unauthorized use of your The Sky Music account. Any fraudulent, abusive, or otherwise illegal account activity, including manipulated or artificial streams, shall constitute a basis to terminate your account. You acknowledge that The Sky Music may terminate your The Sky Music Account and withhold any royalties if you violate the Agreements or, if The Sky Music or any Store has reason to believe (as determined in our or a Store’s sole discretion) that you have infringed or violated any rights of any third parties and/or have engaged in fraudulent or forced activity including, without limitation, manipulated or fraudulent streaming activity.

PAYMENTS & REFUND CONDITIONS

Thank you for ordering from The Sky Music!

If you believe you have not received the advertised service, please reach out to contact@theskymusic.com

Our support team will be happy to work with you to solve any purchased campaign issues.

Our support team usually replies within 1-2 days to all emails, 7 days/week.

The Sky Music offers music pitching and distribution.

We work hard to ensure the pitches we make will land you actual features so that the campaign you receive will be well worth it.

We guarantee our promotion campaigns are compliant with your music distributor. If you believe that your music was taken down due to distributor fake stream detection, you may be eligible for a refund. To be eligible, you must: 1) Not have received any exposure from any other promotion company up to 12 months prior to purchasing a campaign with us and 2) Share view-only access to your Spotify For Artists account with our team, so we can verify your exposure came exclusively from your campaign with The Sky Music and 3) Your campaign must have been purchased or ongoing within 30 days of your music being taken down due to distributor fake stream detection.

Please note The Sky Music campaigns may take up to 28 days to fully complete. If you have not received the advertised amount of playlist pitches within 10 days of purchase you may be eligible for a refund. If we are not able to fulfill the advertised amount of playlist pitches beyond 17 days of purchase (7 days beyond our normal delivery time of up to 10 days), you will receive an automatic refund and an email confirmation of such.

CANCELLATION/RETURN POLICY: You are eligible for a refund if you cannot reached the specified number of streams within 10 days of your purchase.

Refunds for The Sky Music subscriptions are at The Sky Music’s sole discretion. You may cancel your membership ahead of your renewal date to prevent further billing. For any assistance with cancellations or refund requests for The Sky Music, please email us at contact@theskymusic.com.

Refunds may take some time to fully appear on your credit card or bank statement, depending on your financial institution. We will notify you by email after your refund has successfully been processed!

DELIVERY: PLAYLIST PITCHING

Upon placing an order, you will immediately receive an order confirmation email and your campaign will begin within 2 – 4 days.

Your campaign will run on average for 2 – 6 weeks.

Please note that we may use multiple tracks / more tracks to fulfill your order. Although, we’ll make an effort to place your original track as much as possible.

Please feel free to reach out to contact@theskymusic.com if you have any concerns.

TERMS OF ACCESS AND USE

Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services. By accessing the Site and using the Services, you represent and warrant that you are over eighteen (18) years of age or the applicable age of majority in your jurisdiction, and that you are either an individual acting on your own behalf, or the authorized agent of another individual or business. Your use of the Site and the Services as an authorized agent shall not relieve you of personal responsibility for your use of the Site and the Services. The rights granted to you by these Terms may be revoked by The Sky Music at any time, in its sole discretion.

REGISTRATION AND ACCOUNTS

In order to use certain features of the Site or Services, you may be required to register for an account ( “Account”) with us and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirements. You will at all times remain solely responsible for all activity that occurs on or through your Account. It is also your sole responsibility to maintain the security of your Account and any third-party services that you may have elected to link to your Account, including in relation to any passwords and sensitive information.

USER CONTENT AND ACTIVITY

The features and functionality of the Site and/or Services may allow users to submit, upload, store and/or share reviews, comments, questions, messages, audio, images, artwork, photographs, text and other content, information or materials ( “User Content”) directly through the Site and/or Services, and users shall be able to share such User Content using the features made available by the Site and/or Services from time to time. The functionality of the Site and/or Services may allow registered users to make certain User Content publicly available for other users (registered or unregistered) to view, listen to and share. Other features of the Site and/or Services may enable users to privately submit and share messages between users or to upload files to store and share for private use. The foregoing activities described in this paragraph are sometimes collectively referred to herein as “User Activity”.

You are solely responsible for the User Content you submit through the Services as well as your User Activity generally. You agree that, through our Services and at your direction, we are only acting as a passive conduit for your online distribution, storage, publication and/or other exploitation of your User Content. Between you and The Sky Music, The Sky Music does not claim any ownership rights with respect to your User Content. By uploading, publishing, modifying, displaying or otherwise submitting User Content to any part of the Site and/or Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, as well as to other users of the Services, a non-exclusive, transferable, fully paid, worldwide license to use, copy, reproduce, publicly perform, publicly display, communicate to the public, stream, listen to, make available, reformat, translate, excerpt (in whole or in part), transmit, re-post and distribute such User Content for any purpose on or in connection with the Site and Services.

Accordingly you represent, warrant and agree that: (a) you have the right to agree to these Terms; (b) all of your User Content is original with you, in the public domain throughout the world or used by you with the express consents, permissions or licenses necessary from the original owner(s) of such materials for use by you and us pursuant to these Terms; (c) your User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity and privacy; (d) The Sky Music shall not be responsible for payments or any other liability to any third party in connection with the use of your User Content on the Site, Services or otherwise in connection with these Terms; and (e) none of your User Content or Direct Messages contain material which is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech”;

The Sky Music reserves the right to reject and/or remove any User Content, Direct Messages or other content that The Sky Music believes, in its sole discretion, violates these provisions. The Sky Music takes no responsibility and assumes no liability for any User Content and/or Direct Messages that you or any other users or third parties post, use, store or share through the Site and/or Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content or Direct Messages that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. The Sky Music is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that The Sky Music shall not be liable for any damages you allege to incur as a result of such User Content.For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

RESTRICTIONS

You agree not to submit User Content and/or Direct Messages, or otherwise take part in User Activity that: may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or other third party; may create a risk of any other loss or damage to any person or property; seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; may constitute or contribute to a crime or tort; contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech” contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or contains any information or content that you know is not correct and current. In addition to the restrictions listed above, you may not: rent, transfer, assign, resell or sublicense access to the Site and/or Services to any third-party; combine or integrate the Site and/or the Services with hardware, software or other technology or materials not provided by us; modify or create any derivative product based on the Site and/or the Services;decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and/or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code; use the Site and/or the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Site, Services or servers or networks connected to the Site and/or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and/or Services; use any high volume, automated, or electronic means to access the Site and/or Services (including, without limitation, robots, spiders or scripts); or frame the Site and/or Services, place pop-up windows over its pages, or otherwise affect the display of its pages, without our prior written consent. Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms.

PROHIBITED USE

You may not use your Account for any unlawful purpose including for the following reasons (or equivalent):

OWNERSHIP

As between you and us, we retain all right, title and interest in and to the Site and the Services, and all related intellectual property rights. All rights in and to the Site and the Services not expressly granted herein are reserved. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. All trademarks, logos and service marks ( “Marks”) displayed on the Site or Services are either our property, or the property of third parties. You are not permitted to use these Marks without our prior written consent, or the consent of such third party owner of the Mark(s) if not owned by The Sky Music.

COPYRIGHT CLAIMS

We respect the intellectual property rights of others. If you believe that any content on our Site and/or Services infringes upon your copyright or the copyright of someone you represent, please send an e-mail or other written notice to our Designated Copyright Agent using the contact information provided below (each, a “Notice”). All Notices should meet the requirements of the Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 512(c)(3) and include the following information:

Our designated Copyright Agent for notice of claims of copyright infringement is:

Email: contact@theskymusic.com

In accordance with the DMCA and other applicable law, The Sky Music has adopted a policy of terminating, in appropriate circumstances and in The Sky Music’s sole discretion, users who are deemed to be repeat infringers. For the avoidance of doubt, the foregoing sentence in no way limits The Sky Music’s right to limit access to the Site and Services and/or terminate the Accounts of any users for any reason, in The Sky Music’s sole discretion, including, without limitation, in the case of users who infringe, or allegedly infringe, any Intellectual Property Rights of others, whether or not there is any repeat infringement.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notice. Thus, if you are not sure that material located on or linked to by the Site and/or Services infringes your copyright, you should consider first contacting an attorney.

LINKS TO THIRD-PARTY WEBSITES OR SERVICES

You may be able to access websites, content, products or services provided by third parties through links that are made available on the Site ( “Third Party Services”). For example, we may include links to various digital music services. If you elect to use such Third Party Services, you understand that your use of them will be subject to any terms and conditions required by the applicable third parties. You understand that The Sky Music is not the provider of, and (to the maximum extent legally permitted) is not responsible for, any such Third Party Services or any transactions or use thereof. Where the Site includes any links to Third Party Services, this does not imply any endorsement by us of the goods, services or materials available on such Third Party Services.

HOLD HARMLESS AND LIMITED LIABILITY

You agree to use the Site and/or Services at your own sole risk, and agree to hold harmless The Sky Music and its licensors and/or any of our or their respective successors and assigns from any and all liability, harm, damages, costs (including attorney’s fees and legal and court costs), expenses, allegations, claims and legal action of any kind at any time or of any sort that may arise from your use of the Site or Service, any violation of these Terms or of applicable law, or any third party claim of infringement of any Intellectual Property Rights, or any other right, arising from the hosting, making available or any other use of your User Content on the Site and/or Services. Your agreement to these Terms shall permanently and wholly bar you from any legal action of any sort towards The Sky Music for the use of the Site and/or Services or any resultant effects of any sort, shape, kind or type, including any statutory and/or tort actions, specifically inclusive of any legal, action of any type, kind, or sort.

ALL INFORMATION, CONTENT AND MATERIALS PROVIDED VIA THE SITE AND/OR SERVICES ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SITE OR SERVICE. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW. NEITHER The Sky Music NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS, LICENSORS OR ASSIGNS SHALL BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE OR SERVICES OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SITE OR SERVICES, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. THE FOREGOING IS APPLICABLE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

MODIFICATIONS

We may change these Terms from time to time, and expect to do so as we evolve and expand the Services. Any such changes will become effective immediately upon your assent thereto. Continuing use of the Site and the Services after changes to the Terms have been posted shall be deemed assent to the changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.

MISCELLANEOUS

These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to your access to and use of the Site and Services. We reserve the right to terminate these Terms, your Account, and your access to the Site and the Services at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. If any provisions hereof are deemed invalid or unenforceable, they will be severed or construed to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. No waiver of any provision by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Site and Services are hosted and operated in the Canada and we make no representation that any content is appropriate for access outside of Canada. Those who choose to access the Site and Service from outside the United States do so on their own initiative and are responsible for compliance with local laws. These Terms shall be construed and enforced in accordance with the laws of the Canada and the province of Ontario, without regard to any conflict of law provisions, and any and all legal actions in connection with the Site, Service and/or these Terms of Service or our Privacy Policy shall be brought exclusively in the federal or provincial courts located in Ontario, Canada.

COPYRIGHT

All content, including text, images, sound, video, and code (collectively, the “Intellectual Property”) found throughout The Sky Music is the intellectual property of the Company and is protected by applicable U.S. and foreign copyright, trademark, and patent laws. These belong expressly to The Sky Music or other copyright owners who have given express authorization to use their information on the The Sky Music website.

LIMITATION OF LIABILITY

Under no circumstance shall the Company be responsible for any damages, liabilities, or losses, whether sounding in contract, tort, or otherwise, arising out of your use of The Sky Music or the Services. You understand and acknowledge that your use of the Services and the Platform is at your own risk.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Sky Music from any claim arising out of, relating to, or connected with your use of The Sky Music or the Services. You must also indemnify, defend, and hold the Company harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement.

CONDUCT

You agree to solely use the website for lawful purposes, and not to compromise the security of the website, render it inaccessible to others or cause damage to the content, service or website. As a user you agree to refrain from any action that may add, subtract or modify the content of the site. You agree to refrain from accessing content without permission and will not use the website in any way other than the way it is intended.

CONFIDENTIAL INFORMATION

The company shall keep confidential any information you submit to the Company as it relates to your The Sky Music account or processing of any order for Services. Any other material or information sent to the website will be considered non-confidential. You hereby grant the Company the royalty free irrevocable permission to use, display and distribute in whole or in part, the submission in any manner it sees fit.

CORRECTION OF INACCURACIES

The Sky Music reserves the right to correct any errors or inaccuracies in the content on the website, or to change and update the content at any time without giving prior notice. However, The Sky Music does not guarantee that errors, inaccuracies or omissions will be corrected immediately.

PROVISIONS

This Terms of Service Agreement with The Sky Music constitutes the entire agreement between all parties with respect to the subject matter hereof.

TERMINATION OF SERVICE

The term of this Agreement will begin upon purchasing Services from The Sky Music and/or upon making a The Sky Music account and will end when terminated by either party. If The Sky Music determines, in its sole discretion, that you are abusing the system, the company (without limiting any other rights or remedies available to it) withdraw your participation and withhold any amount to you.

DISCLAIMER

We not affiliated with Soundcloud, Spotify, Apple or Facebook. Soundcloud, Spotify, Apple and Facebook brands are registered logos of their individual owners.

NEWSLETTER

When you use our service you are automatically join to our newsletter on our email list. You also are automatically subscribed when entering your email address on our website. To unsubscribe contact our support or click on the unsubscribe link on our mails.

OUR RIGHTS

In addition to all other rights possessed by us under the Agreements, we reserve the absolute right, at all times during the Term, without notice to:

OUR INTELLECTUAL PROPERTY

The Sky Music Service(s) including, but not limited to, all related technology, data, tools, and designs are the sole and exclusive property of The Sky Music and/or its subsidiaries and affiliates. During the Term, we grant you a limited, non-exclusive, revocable license to make use of The Sky Music Service(s) in accordance with the terms of the Agreements. The Sky Music trademarks, service marks, trade names, logos, domain names, and any other features of The Sky Music brand are the sole and exclusive property of The Sky Music and/or its subsidiaries and affiliates. The Agreements do not grant you any rights to use any such intellectual property whether for commercial or non-commercial use. We value hearing from our users and are always interested in learning about ways we can improve The Sky Music Service(s). If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.

SERVICE LIMITATIONS AND MODIFICATIONS

Whilst we always strive to ensure that you can access the The Sky Music Service(s), you acknowledge that there may be instances from time-to-time during the Term where certain technical difficulties or maintenance (whether planned or unplanned) may cause temporary interruptions. The Sky Music reserves the right, periodically and at any time, to (temporarily or permanently) modify or discontinue functions and features of the The Sky Music Service(s), with or without notice, and without any liability whatsoever.