By uploading sound files to boom.fm for download or sale, you warrant that:
- You own the rights to publish and sell the tracks. You acknowledge that boom.fm reserves the right to remove any tracks at any time if a dispute arises over the rights and ownership of any tracks you uploaded to the service. You acknowledge that boom.fm and/or content right owners may hold you responsible for any claims arising from misrepresenting your rights to the content you uploaded.
- The content of the sound files is not unduly offensive, unduly vulgar or in any way illegal under the laws and jurisdiction of South Africa. You acknowledge that boom.fm reserves the right to remove content that is deemed, in its sole discretion, to be inappropriate.
- You are responsible for uploading the tracks in the appropriate quality and format, as required by boom.fm
- You are aware of and accept the general terms and conditions of boom.fm
- You are responsible for setting and maintaining the price at which the track is offered for sale at your sole discretion.
- You indemnify boom.fm from any losses and/or damages that may occur as the result of your use of boom.fm
- You are responsible for maintaining the security of your account by choosing an appropriate and secure password, and keeping your password confidential.
- You indemnify boom.fm from any actions arising from misuse of downloaded or purchased files by users. Such misuses include but are not limited to the reposting of files to file sharing services by boom.fm users.
- boom.fm may communicate with you from time to time specifically about the content that you offer through boom.fm and that you may not opt of these communications.
- You accept the payment terms as specified below.
In turn, boom.fm warrants that:
- The rights to sound files uploaded for sale and/or distribution to boom.fm shall remain solely with the rights owners. By uploading such files, you do not transfer ownership to boom.fm, and boom.fm does not claim for itself any ownership and rights to such content, apart from the right to promote and distribute such content on boom.fm to registered users of the platform as instructed and specified by you, the content owner.
- boom.fm will remit to you any revenue from the sales of your content, as per the terms below.
The terms of payment of revenue for content offered for sale through boom.fm are as follows:
- boom.fm shall deduct transaction fees as agreed upon between itself and payment processors (and amended from time to time without your consultation) from any amounts billed.
- boom.fm shall deduct taxes and levies from any amounts billed as demanded by the jurisdictions within which content is sold.
- boom.fm shall pay the full remaining amount after deductions to you, the content owner, as follows.
- Payments shall be done monthly.
- In order to receive a payment for content sold, your content needs to accrue a minimum of 1000.00 South African Rands in revenue. Revenue less than the minimum pay-out threshold shall be held back until the threshold is reached.
- If you do not reach the minimum threshold for pay-out during a given month, you shall not forfeit the revenue. Instead, the revenue will continue to accrue with future sales until the threshold is reached.
- boom.fm will contact you once you reach the minimum pay-out threshold in order to obtain your banking details. boom.fm shall only remit your revenues to a South African bank account or to an international PayPal account. You shall forego any pay-outs until you can produce either of those. It is your responsibility to provide boom.fm with accurate account details, and boom.fm shall not be liable for non-receipt of revenue in cases where you provided incorrect account details.
- While boom.fm endeavours to maintain and expose to you accurate on-going reports about the volume of your sales, such reports are provided for your information only and shall not form the basis of any revenue claims against boom.fm. Instead, the amount from which your pay-out is calculated will be as provided by our payment processors. In cases where boom.fm's reports differ from those of the payment processor, the payment processor's reports shall be used.
- Any payments shall be done 30 days after receipt of funds from our payment processors.
boom.fm reserves the right to change these terms from time to time without your consultation. We will make reasonable effort to communicate any changes to you, and your continued use of boom.fm will be deemed to constitute acceptance of the amended terms and conditions.
