Terms and Conditions

Welcome to Newwell for Artist, a music distribution service operated by Newwell Music Limited, a company registered in Kenya. By using our service, you agree to be bound by the following terms and conditions. Please read them carefully before you sign up or upload any content to our platform.

1. Eligibility and Registration. 

To use our service, you must be at least 18 years old and have the legal right and authority to enter into this agreement and to grant us the rights to distribute your content. You must also provide us with accurate and complete information when you register for an account and keep it updated at all times. You are responsible for maintaining the security and confidentiality of your account and password, and for any activity that occurs under your account. You must notify us immediately of any unauthorized access or use of your account or content.

2. Content License. 

You retain all ownership rights in your content, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your content in connection with our service and our business, including for promotional purposes. You also grant each user of our service a non-exclusive license to access and stream your content through our platform, and to use, reproduce, distribute, display, perform, and otherwise exploit your content as permitted by the functionality of our service and under these terms.

3. Content Guidelines. 

You are solely responsible for your content and the consequences of uploading and distributing it on our service. You represent and warrant that:

• you own or have the necessary licenses, rights, consents, and permissions to upload and distribute your content and to grant us the license in Section 2; 

• your content does not infringe or violate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, contract rights, or any other intellectual property or proprietary rights;

• your content does not contain any unlawful, harmful, abusive, defamatory, libelous, slanderous, obscene, pornographic, vulgar, harassing, threatening, hateful, discriminatory, or otherwise objectionable material; 

• your content does not promote or encourage any illegal activity or violence; (e) your content complies with all applicable laws and regulations.

4. Content Review and Removal. 

We reserve the right to review, monitor, flag, filter, modify, refuse, or remove any or all of your content from our service at any time and for any reason in our sole discretion. We may also suspend or terminate your account or access to our service if we determine that you have violated these terms or any applicable laws or regulations. We do not endorse any content uploaded by you or any other user of our service.

5. Payments and Royalties. 

We will pay you royalties based on the revenue generated from the streaming of your content on our platform and on other digital platforms that we partner with (such as Meta companies Tiktok etc). The royalty rates may vary depending on the platform and the territory where your content is streamed. We will deduct from your royalties any applicable fees, taxes, commissions, or expenses that we incur in connection with the distribution of your content. We will provide you with periodic statements detailing your royalties and payments. You are responsible for providing us with accurate and complete payment information and for reporting and paying any taxes that may apply to your income from our service.

6. Disclaimer of Warranties. 

Our service is provided "as is" and "as available" without any warranties of any kind. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, or security.

We do not guarantee that our service will meet your requirements, be uninterrupted, error-free, etc. do not panic - We are virus-free.

We do not warrant that the results that may be obtained from the use of our service will be accurate or reliable.

7. Limitation of Liability. 

To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of or inability to use our service or any content uploaded by you or any other user of our service.

This includes damages for loss of profits, revenue, data, goodwill, or other intangible losses. Our total liability to you for any claim arising out of or relating to these terms 

our service is limited to the amount paid by you to us in the 12 months preceding the claim.

8. Indemnification. 

You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, agents, partners, and licensors from and against any and all claims, demands, actions, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or relating to your use of our service or your breach of these terms or any applicable laws or regulations. 

9. Governing Law and Dispute Resolution. 

These terms are governed by the laws of Kenya, without regard to its conflict of laws principles. 

Any dispute arising out of or relating to these terms or our service will be submitted to the exclusive jurisdiction of the courts of Kenya.

You agree to waive any right to a jury trial or to participate in a class action lawsuit.

10. General Terms. 

These terms constitute the entire agreement between you and us regarding our service and supersede any prior or contemporaneous agreements or communications.

We may modify or update these terms at any time and for any reason by posting the revised terms on our website or platform.

Your continued use of our service after such modification or update constitutes your acceptance of the new terms.

If any part of these terms is held invalid or unenforceable, the remaining parts will remain in full force and effect.

You may not assign or transfer these terms or your rights or obligations under them without our prior written consent.

We may assign or transfer these terms or our rights or obligations under them at any time and for any reason without your consent.

Our failure to enforce any right or provision of these terms will not be considered a waiver of that right or provision.

We reserve all rights not expressly granted to you under these terms.

Thank you for using Newwell for Artist!