Acid Nation’s Terms & Conditions

Date: June 28, 2023

AC55ID LTD, trading as Acid Nation, is registered at:
1712 Pioneer Ave, Ste 500
Cheyenne, WY 82001
USA
Website: www.acidnation.com

Please read these Acid Nation Terms & Conditions (“Agreement” or “Acid Nation Terms & Conditions “) carefully before using the services offered by AC55ID LTD trading as Acid Nation (“Company,” “we,” “us,” or “our”). By using the Site or Service, including but not limited to visiting, browsing, or uploading content, you agree to be bound by these Terms of Use.

1. Subscription & Revenue Model

• Artist Accounts – $10 USD/month. Includes unlimited releases and streaming payouts. Artists always keep 100% of digital sales earnings, regardless of subscription status.
• Label Accounts – $30 USD/month. Includes unlimited artist profiles, releases, and streaming payouts across the entire roster. Labels always keep 100% of digital sales earnings from all artists under their account, regardless of subscription status.
• Acid Nation does not take a percentage of sales—artists and labels keep 100% of their earnings from both digital and physical sales.
• Streaming payouts are $0.01 per stream, processed on the 5th of each month for the previous 30 days, only if the account has an active subscription.
• Artists and labels may send merch, vinyl, or other physical items to Acid Nation’s warehouse for free storage and shipping as part of their subscription.
• Acid Nation inspects and stores all physical inventory and ships purchased items directly to customers.

2. Streaming Royalties & Rights Ownership

By signing up for Acid Nation and uploading content, users acknowledge and agree to the following terms:

• Rights Holder Payments – Acid Nation pays royalties only to the designated rights holder. Artists receive payouts if they own their streaming rights. If a label or third party owns these rights, payouts go to the designated rights holder.
• Active Subscription Requirement for Streaming Payouts – To receive streaming payouts, labels must maintain an active, paid Label Account. Streaming revenue from all artists under the label’s roster will be aggregated and paid to the label account. Individual artist subscriptions are not required. If the label’s subscription becomes inactive, expires, or is canceled, streaming payouts will be withheld until the subscription is reactivated.
• Digital Download Payments Are Not Affected by Subscription Status – Labels and artists will continue to receive earnings from digital downloads regardless of subscription status, as digital sales are separate from streaming royalties. The platform remains free to earn from digital downloads.
• User Responsibility & Agreement – Users confirm they have the legal rights to distribute uploaded material. Acid Nation is not liable for ownership disputes or revenue-sharing issues.
• Unauthorized Uploads & Copyright Compliance – Users confirm they own or have legal rights to uploaded content. Acid nation assumes no liability for unauthorized uploads or third-party claims. Unauthorized content may lead to account suspension or termination.
• DJ Mixes – Uploads Without Monetization – Audio and video DJ mixes may be uploaded to Acid Nation for exposure and sharing purposes. However, due to rights clearance requirements, DJ mixes are currently not eligible for monetization through streaming or download payouts. Users are responsible for ensuring they have the appropriate permissions or legal rights to include all tracks in their mix. Fans may still view and support the artist’s other monetized content — and can optionally contribute directly to the artist via a “Contribute” button on their profile or mix page.
• Payout & Financial Responsibility – Acid Nation only distributes streaming royalties to the designated rights holder listed in the account settings. Labels and artists are responsible for managing their own revenue-sharing agreements.
• Dispute Handling & Indemnification – Acid Nation is not responsible for resolving disputes between artists, labels, or third parties. By using Acid Nation, users agree to indemnify and hold Acid Nation harmless from any claims, losses, damages, or legal disputes arising from platform use.
• Agreement to Terms – By creating an account and uploading content, users explicitly agree to these terms and acknowledge their responsibility to comply with all platform policies.
• Policy Updates – Acid Nation reserves the right to modify these terms at any time, and users are responsible for reviewing the latest version.

3. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy (https://www.acidnation.com/privacy-policy). It describes how we collect, use, and share information when you use the Site and Services that link to this Privacy Policy.

4. Acceptable Use & Content Moderation

• Users must not upload or distribute any content that is illegal, defamatory, obscene, hateful, or infringes on the rights of others.
• Acid Nation reserves the right to remove content that violates these terms or suspend accounts engaged in misconduct.
• Users may report content violations, and Acid Nation will review and take appropriate action.

5. Fees & Payments

• Transactions on Acid Nation include purchases of digital content, merchandise, and subscriptions.
• Subscriptions automatically renew unless canceled before the next billing cycle.
• Users can cancel their subscription at any time via their account settings; cancellations take effect at the end of the current billing period.
• Acid Nation does not process refunds for digital content unless required by law.
• If Acid Nation is legally required to deny access to purchased content due to copyright claims, no refunds will be provided unless required by law.
• All subscription fees are non-refundable unless otherwise specified.

6. Fan Personal Information & Data Usage

• Artists and labels may access limited fan data, such as email and purchase history.
• Fan data must not be sold or misused. Artists must comply with privacy laws when using fan data.
• Acid Nation is not responsible for how artists handle fan information outside the platform.

7. Registration & Account Requirements

• Users must provide accurate and truthful information when registering.
• Acid Nation reserves the right to suspend or terminate accounts for violations of these terms.
• Users must be at least 16 years old to create an account.

8. Content Ownership, Licensing & Sales

• Artists and labels retain full ownership of their content but grant Acid Nation the non-exclusive, royalty-free right to display, distribute, sell, and promote their content on the platform.
• By uploading content to Acid Nation, artists and labels authorize the platform to process transactions related to digital downloads, streaming revenue, vinyl, and merchandise sales.
• Acid Nation does not take a percentage of sales from digital downloads or physical products, ensuring creators keep 100% of their revenue (excluding payment processing fees, taxes, and shipping costs).
• Artists and labels are responsible for setting their prices and managing any revenue-sharing agreements externally.
• For further details, please refer to our Acid Nation Rights Ownership & Monetization Policy. https://www.acidnation.com/ac55id-rights-ownership-monetization-policy/
• Acid Nation does not use uploaded content for AI training or any unauthorized third-party usage.
• Removal of user content users can request content removal by emailing hello@acidnation.support or opening a support ticket.

9. Performing Rights Organizations, Music Publishers & Record Labels

• If you have a PRO (e.g., ASCAP, BMI, SESAC), you must notify them of the royalty-free license granted through Acid Nation.
• If your rights are assigned to a music publisher or another PRO, you must obtain their consent before uploading content.
• Artists must comply with contractual obligations when uploading music.
• If you upload a cover song, you are responsible for securing the appropriate licensing before posting.
• Artists and labels are solely responsible for ensuring compliance with PROs and collection societies in their respective territories. Acid Nation does not collect or distribute performance royalties on behalf of artists.
• By uploading content, you represent and warrant that all required rights, including mechanical, synchronization, and performance rights, have been obtained where necessary.
• Acid Nation is not responsible for unpaid royalties owed to PROs, music publishers, or collection societies.
• Artists, labels, or rights holders indemnify Acid Nation against claims arising from unpaid royalties, unauthorized licensing, or disputes regarding ownership of uploaded content.
• If you are a recording artist under contract with a record label, management company, or distributor, you must ensure your use of Acid Nation does not violate any contractual obligations.
• Failure to comply with these terms may result in content removal or account suspension.

10. Consumer Rights & Refund Policies (EU/UK)

• Physical merchandise sales may be subject to 14-day return policies in the EU & UK.
• Acid Nation follows local consumer protection laws where applicable.
• If a product is defective, Acid Nation will work with sellers to resolve disputes.

11. Third-Party Services & Integrations

• Acid Nation integrates with third-party payment processors (e.g., Stripe, PayPal). Users agree to their terms when using these services.
• Third-party tracking, analytics, or ad services may be used, but user data will not be sold.

12. Merchandise Fulfillment & Storage

• Acid Nation provides free storage for artist and label merchandise as part of the subscription.
• Once merchandise is received, Acid Nation inspects and confirms inventory before listing it for sale.
• When items are purchased, Acid Nation handles fulfillment and shipping directly to customers.
• Acid Nation is not responsible for damages or defects present before items arrive at the warehouse.

13. Termination & Dispute Resolution & Arbitration

• Users may cancel their Artist or Label subscription at any time, but refunds are not provided for the remaining billing period.
• Acid Nation may terminate accounts for policy violations, unauthorized content uploads, or non-payment of subscription fees.

Dispute Resolution & Arbitration

1. Binding Arbitration
   To the fullest extent permitted by law, you and Acid Nation agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the platform, or any services provided by Acid Nation shall be resolved exclusively through final and binding arbitration. This includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and applies regardless of when the dispute arises, including after account termination. By agreeing to these Terms, you waive your right to a trial by jury or to participate in a class action.
2. Exceptions
   This arbitration agreement does not prevent either party from:
   • Bringing an individual claim in small claims court if it qualifies.
   • Seeking injunctive relief in a court of law in cases involving intellectual property infringement.
   • Pursuing enforcement actions through applicable federal, state, or local agencies.
3. Arbitration Procedures
   • Arbitration will be conducted by JAMS under its JAMS Arbitration Rules in Wyoming, USA.
   • The arbitration will take place in the county and state of your residence, unless agreed otherwise.
   • For claims under $10,000 USD, you may choose whether the arbitration will be conducted entirely online, by phone, or based on written submissions.
   • The arbitrator must provide a written decision with reasoning for the ruling.
4. Opt-Out Option
   If you do not wish to be bound by this arbitration clause, you may opt out within 30 days of accepting these Terms by sending a written notice to hello@acidnation.support with your full name, email address, and a statement that you wish to opt out of arbitration. Opting out will not affect any other provisions of these Terms.
5. Class Action Waiver
   You and Acid Nation agree that any claims must be brought individually and not as part of a class action, consolidated lawsuit, or representative proceeding. The arbitrator shall not have the authority to preside over any class or collective action.
6. Fees & Costs
   • If the arbitration filing fee is greater than what it would cost to file in court, Acid Nation will cover the difference (except where the claim is deemed frivolous).
   • Each party is responsible for their own legal fees, unless otherwise required by law.
7. Governing Law
   This arbitration agreement is governed by the Federal Arbitration Act (FAA) and shall be enforced in accordance with the laws of Wyoming, USA.

14. Indemnification & Liability Limitations

Users agree to defend, indemnify, and hold Acid Nation harmless from claims, losses, or damages arising from their content or actions on the platform.

TO THE FULLEST EXTENT PERMITTED BY LAW, Acid Nation AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM, EVEN IF AC55ID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS OTHERWISE REQUIRED BY LAW, ACID NATIONS’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE PAST TWELVE (12) MONTHS OR (B) $100 USD.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE CAUSE OF ACTION, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Modification of Terms

Acid Nation reserves the right to change, modify, or update these Terms of Use at any time. Users are responsible for reviewing updated terms to ensure compliance.

Contact Information:

For questions or support, contact us at hello@acidnation.support or call +1 (909) 303-6660 during business hours.

Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.