Anti-Fraud Policy

For End-Users

Table of Contents:

Introduction

This document is intended to provide guidance and should be read in conjunction with:

Definitions

End User: Is the person or legal entity that has entered into a contractual relationship with UNCHAINED MUSIC for the use of the platform, accepting the Terms of Use and providing content that will be made available on DSP.

End User Account: Accounts owned and/or created by End Users.

DSP: Digital Streaming Platforms (such as Spotify, Apple Music, Tidal, etc.) or any other channel connected to Us by a contractual relationship.

MDFS: Monetization through Digital Fingerprinting Systems (i.e. YouTube Content ID, Facebook Rights Manager, among others).

Fraud: Any activity contrary to the Law, the DSP Policies and/or our own. Particularly, but non-exclusively, we will categorize as Fraud the following activities:

Royalties: Economic income/revenue that corresponds to the original(s) rightsholder(s). We differentiate between “legitimate royalties” which are the result of an actual and rightful exploitation of any content, and “illegitimate royalties” which are the result of any fraudulent exploitation or activity that generates illicit and unrightful income.

Strike:
A Strike is a severity applied to any account that violates our Anti-Fraud Policy. They are separated into three tiers (Strike 1, 2 and 3), from lowest to highest severity respectively, and applied cumulatively. However, according to the impact of the violation, the highest severity shall be directly applied.

Policy

Fraud in all its forms is wrong and is unacceptable to us. This is because when fraud occurs:

Our objective is to avoid and, if necessary, eliminate fraudulent usage of our Services. Any indications of fraud will be rigorously investigated and dealt with in a firm and controlled way.

Severity, Strike Policy and Blocking of Accounts

Either during our QC processes, the sales confirmation process or through notifications received from DSP and/or third parties, we may detect issues of possible fraudulent content or Accounts.

Once possible fraudulent content or Accounts are detected, a strike will be applied and the End User Account may be blocked in the following cases, divided into 4 severity tiers, which we consider very severe:

F0: Critical issues related to an End User Account

Particularly, but non-exclusively, we will categorize as F0 the following:

F1: Critical issues related to Click Fraud, Misleading, Musical Spam and/or Artificial Streams

Particularly, but non-exclusively, we will categorize as F1 the following:

F2: Issues related to Copyright, Intellectual Property or Trademark

Particularly, but non-exclusively, we will categorize as F2 the following:

F3: Issues related to abusive usage of MDFS

Particularly, but non-exclusively, we will categorize as F3 the following:

In case we detect one or more of these issues in the content of an End User Account, the End User will receive a ticket or notice, indicating we have detected potential infringing or unauthorized activity and informing the End User about its consequences, described in our Strike Policy below.

In case We detect an F1, F2 and/or F3 issues in an End User Account, a strike is applied to the Account and additional actions from the End User may be required, such as:

In case a strike is applied and the End User: a. deliberately ignores Our notice, b. refuses or cannot provide the requested information within 5 working days (counting from the day the notice is sent), c. the infringing or unauthorized activity is confirmed, a Strike will be applied to the End User Account, which will have the following consequences:

STRIKE 1
STRIKE 2
STRIKE 3

Withholding Royalties (“Escrow”) for blocked accounts:

Revenues in any End User Account that are received in connection with content that We believe, in our sole discretion, violate the Terms of Use may be blocked and withheld. The royalties will be held in escrow for a minimum of 24 months, and up to 5 years, in accordance with DSPs policies and the Spanish Civil Law or until the dispute between claimant and claimed parties is solved, in order to be able to respond in the following scenarios:

Takedowns

We will initiate takedowns of confirmed infringing content from End User Accounts, that is, all content that is involved in F0, F1, F2 and/or F3 issues.

Regarding F3 issues, despite the fact that only a part of the End User’s content is confirmed to be fraud related, We, at our sole discretion, may initiate takedowns for the End User’s entire catalog.

However, please also note that any content may be marked as suspicious by DSP at their sole discretion and may be taken down.