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Read Terms & Conditions

INTRODUCTION

1 Please carefully read these Terms and Conditions (“Terms”) which set forth the legally binding terms between you and The Jungle Recording Company Limited (“Jungle” “us” “we”) as they contain important information about your rights and obligations. It governs your access to and the use of Jungle’s website at: https://afrobeatsdistro.com/ including its mobile sites and applications (collectively “the Website”) and other Services, whether as a registered user, visitor or otherwise.

2 These Terms apply to Jungles Services, the Website visitors, users or accounts created before the 23rd of September 2021, as well as users or accounts created from the 23rd of September 2021. If you used Jungles Services or the Website or your account was created before the 23rd of September 2021 and you do not want these Terms to apply to you, you must immediately cease your further use of the Website or Jungles Services before the 22nd of September 2021 and notify us appropriately. If you do not cease your use of the Website or Jungles Services before the 22nd of September 2021, it shall be deemed as your acceptance of these Terms.

USE OF WEBSITE

1. By accessing or using the Website or Services, you expressly agree to be legally bound by these terms. If you do not wish to be bound by these Terms, please do not use the Website or Services. We reserve the right at any time to revise and update these Terms. We therefore encourage you to visit the Website periodically to review any changes made to these Terms.

2. By using the Website or Services, you represent and warrant that:

a. You are at least 18 years of age;
b. You are able to form legally binding contracts under the applicable law;
c. You will use our Website or Services according to these Terms;
d. You will ensure User Content and event/ticket sales are legitimate and that you are legally authorized to do so;
e. You will take all necessary steps to safeguard your account and be responsible at all times for the use of your account by you or any other person; and 
f. All information supplied by you on the Website is accurate, current, true and complete.

DEFINITIONS

For the purpose of these Terms, the following shall have the meaning assigned to them hereunder, namely y:
1. "Confidential Information" means all information, data, documents, and materials of any nature whatsoever which is of, for or connected to Jungle or the Services including but not limited to: any financial, technical or commercial information, strategies, business plans, project plans, know how, formulae, contact information, customers, designers, media, trade secrets, investors, financiers, financial processes, operations, technology, algorithms, accounting, sales, costs and profit data, pricing information, purchasing, customer lists, information Jungle provides regarding third parties, assets and liabilities and any other information which Jungle does not disclose to third parties or the public, or which Jungle requests confidentiality.

2. “Force Majeure” means actions or events beyond Jungles control and includes but is not limited to acts of God, war, riot, fire, civil commotion, strikes, lock outs, embargoes, any lawful order of any governmental authority, event cancellations, artist cancellations, payment delays from our Partners, statement delays from our Partners, network issues, change in law or any other similar cause beyond the control and without the fault or negligence of Jungle.

3. “Intellectual Property” means any and all Intellectual Property whether or not registered, and shall include without limitation: Patents and Designs, Trademarks, Internet Domain Names, Service Marks, Copyright, Know-How, Trade Secrets, Promotional Material, Links, Databases, Trade and Business Names, Visual Images, Image Rights, Brands and any other similar rights and any applications for any of the foregoing. 

4. “NAFEX” means the Nigerian Autonomous Foreign Exchange Fixing of which the indicative rates are available on the FMDQ securities exchange Limited’s website at https://fmdqgroup.com/exchange/. 

5. “Partners” means Jungle’s licensees; partners; payment platforms, financial service providers, agents; related entities; associates; streaming platforms; stores; digital stores; platforms; music publishers, digital platforms and other service providers including but not limited to entities that own or control: YouTube, Facebook, Instagram, Snapchat, Spotify, Apple Music, Audiomack, Tidal, SoundExchange, Music Reports and such others displayed on the Website or communicated to you.

6. “Services” means and includes but not limited to the Website, digital distribution, music publishing and administration, podcast distribution, streaming, event ticketing, distribution and or sale of User Content, User Content Uploads, editorial support, content identification and event/ticket sales.

7. “User Content” means and includes but is not limited to events, comments, questions, messages, audios, videos, podcasts, tracks, musical works, DJ Mixes, recordings, sound recordings, albums, catalogue, images, artwork, photographs, Intellectual Property, text and other content, information or materials.

8. “User/You/Your” means any person or entity howsoever described that makes use of Jungles Services or Website whether as a registered user or otherwise and includes Website visitors.

9. “Territory” means the world.

REGISTRATION

1. In order to use the features of the Website and to enable Jungle perform its Services, you will be required to register for an account (“Account”) with Jungle and provide certain information as prompted. 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. 

2. 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.

UPLOADED CONTENTS

1. The Website allows you or users to create, submit, upload and store events, comments, questions, messages, audios, videos, podcasts, tracks, musical works, sound recordings, images, artwork, photographs, text and other content, information or materials directly through the Website. Other features of the Website may enable users to privately submit and share messages between users or to upload files to store and share for private use.

2. You are solely responsible for the User Content you submit, upload or create through the Website as well as your activity generally.

3. You shall submit, create or upload any User Content within a reasonable time or the time stipulated by Jungle for release, distribution and or sale or for Jungle to perform its Services. Jungle shall not be mandated to perform its Services until full receipt of all necessary User Content and within a reasonable time. 

4. You represent, warrant, undertake and agree that: (a) you have the right to agree to these Terms; (b) all of your User Content is original with you 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 or rights of publicity and privacy; (d) Jungle shall not be responsible for payments or any other liability to any third party in connection with the use of your User Content, Services or otherwise in connection with these Terms; and (e) none of your User Content 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”.

5. Jungle reserves the right to cancel, reject and/or remove any User Content, events, or other content that Jungle believes, in its sole discretion, violates these provisions or for any other reason determined by Jungle. Jungle takes no responsibility and assumes no liability for any User Content that you or any other users or third parties create, post, use, store or share through the Website 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 that you create, send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Website or Services, is solely your responsibility. Jungle is not responsible for any public display or misuse of your User Content.

6. If Jungle receives a claim or notice or otherwise reasonably suspects that any of your User Content or your use of the Website or Service breaches any agreement, infringes any third party rights, violates these Terms or any law, rule or regulation; or there is a dispute regarding the User Content (including without limitation as to ownership or payment of monies), or that your activities involve misrepresentation, misconduct, deception, fraud, or other inappropriate conduct, then in addition to any other available rights and remedies, Jungle may suspend or terminate its Services to you and/or withhold payment of monies to you until and unless any and all claims or other conduct are favorably resolved to our reasonable satisfaction, and Jungle may deduct from your payments our costs, expenses, related attorneys' fees and legal costs in connection. You will forfeit any monies that are attributable to your fraud, infringement or other illegal activity.

GRANT OF RIGHTS

1. In consideration of the sums payable to you and the services provided by Jungle, you grant Jungle, its Partners, licensees; agents; related entities; associates; platforms; streaming platforms; digital stores; stores; digital platforms and other service providers an exclusive, world-wide license and sub-licensable right in perpetuity to:

a) use, reproduce, stream, distribute, display, publish, administer, publicly perform, exhibit, broadcast, transmit and make available by all means and media (whether now known or existing in the future) the User Content and AI Content for all promotional, commercial exploitation, sale, sublicense or other purposes including without limitation for the purposes of internet radio broadcast; and by any and all applicable digital (non-physical) formats, configurations, technologies and methods (including, without limitation, permanent downloads, temporary or “tethered” download, interactive and non-interactive streaming, “scan and match” services, “cloud” services, digital jukeboxes, digital and online/wireless karaoke services, business establish background services, home exercise background and audiovisual services, and other audiovisual services) to any and all capable devices (including, without limitation, to personal and tablet computers and smartphones), in each case as now or hereafter known.

b) create, reproduce, publicly perform and make available, free preview clips of the User Content and AI ontent via streaming format or otherwise.

c) Create, use and exploit “remixes” of User Content and AI Content and “user generated content” embodying User Content and AI Content.

d) Synchronize and authorize others to synchronize User Content and AI Content with visual images and/or combine excerpts of User Contents and AI Content with any series of still or moving images, either pre-capture, post-capture or as a live stream.

e) Use and include AI Content, User Content and/or remixes of User Content and AI Content in “Mix Content” which shall mean the combination of two (2) or more whole or partial audio-only tracks which may be harmonically, rhythmically or otherwise mixed, remixed, edited or mashed up.

f) Store, host, reformat, make on-demand streams of, make conditional downloads of, and display User Content and AI Content as have been embodied in user videos, “art tracks,” audio-only tracks (including remixes), label videos and Mix Content. 

2. In furtherance of the foregoing, you grant Jungle and its Partners a royalty free, world-wide exclusive license in perpetuity to any other rights or Intellectual Property mandated by any law in any country or jurisdiction. You also grant Jungle and its Partners a royalty free, world-wide exclusive license in perpetuity to all necessary consents in relation to Intellectual Property or other rights mandated by any law in any country or jurisdiction.

3. Additionally, you grant Jungle and its Partners a royalty free, world-wide exclusive license in perpetuity to use, reproduce, stream, distribute, display, publicly perform, exhibit, broadcast, transmit and make available by all means and media (whether now known or existing in the future) the User Content and to use your artist(s) and/or label’s Intellectual Property, name and logo and all artwork, song and album titles, all trademarks, service marks and trade names, all artist, songwriter, producer and mixer names and approved likenesses, each as embodied in metadata within the User Content in any marketing, advertising or promotional materials. 

4. You grant Jungle the right to collect income and all proceeds due to you whether from Jungles Partners or otherwise as a result of exploitation or sale of the User Content.  In this regard, you irrevocably appoint Jungle as your true and lawful attorney to accept, collect and deposit in an or its account, all compensation or other income or payments intended for you, and to subsequently do and perform any other act, deed or thing whatsoever deemed necessary by Jungle in relation to the income, proceeds or payments. 

5. You expressly agree that Jungle may deduct or net off from the income or proceeds received on your behalf by Jungle or from Jungle’s Partners that may be due to you and retain any such sums or proceeds as a result of your breach of these terms; claims made by or found due to Jungle or any damages suffered by Jungle due to your actions and or inactions.

FEES/PAYMENTS FOR SERVICES EXCLUDING EVENTS/TICKET SALES 

1. Payments (if any) for user content generally come from our Partners on or around a period of ninety (90) days after your user content has been released. Where your accumulated earnings from your User Content reflecting in your account exceeds $200 (Two Hundred Dollars), you would be entitled to make a withdrawal request.
2. Where you meet the withdrawal threshold and a withdrawal request is made through the website, we will endeavour to make the requested payment within a period of fourteen (14) business days from your request. 

3. In the event you do not meet the threshold and you are not entitled to receive any payment, the above threshold shall be carried over to the end of the subsequent month(s) and until such a time as it is attained.

4. As compensation for Jungle's services, Jungle shall be entitled to retain or be paid a sum computed as an amount equal to thirty percent (30%) of all sums, income or proceeds related to the administration, exploitation, distribution or sale of User Content. Jungle however reserves the right to change this amount upon notice to you. With specific reference to where Jungle or its Partners administers the rights in your musical compositions/User Content, you are mandated to claim directly from our Partners any such royalties arising therefrom that are due to you.

5. Jungle may in its sole discretion grant to you an advance payment of your anticipated income or proceeds paid by its Partners prior to its Partners making payments. The advance payment may be computed as an amount equal to fifty percent (50%) multiplied by the average of the sum/payments made to you in the preceding six (6) months; or any other streaming and/or sales metric qualifications as determined by Jungle and communicated to you. In such circumstances, Jungle shall retain for its benefit, the amounts advanced to you upon receipt from its Partners, and the sharing formula between Jungle and you for its Services shall be amended in the ratio of sixty percent (60%) in favour of you, and forty percent (40%) in favour of Jungle. This means that where Jungle grants you an advance, Jungle shall be entitled to recoup, retain or be paid the advanced amount against any monies otherwise payable to you hereunder plus a sum computed as an amount equal to forty percent (40%) of all sums, income or proceeds received from Jungles Partners which are due to you. Jungle however reserves the right to change this amount upon notice to you.

6. Where an Advance is granted to you by Jungle, you shall not be able to and you agree and undertake not to remove your User Content until the Advance is recouped by Jungle even if you wish to terminate your use of Jungles Services.

7. With respect to Nigerian Users; payments due to you for our services shall be paid in Nigerian Naira as mandated by law. As a result, where your fees, amounts or proceeds are received in foreign currency from our Partners or into Jungles accounts; the fees, amounts or proceeds received shall be converted to Nigerian Naira in accordance with the prevailing NAFEX rate and paid to you accordingly. All other users from jurisdictions outside Nigeria may also be paid in their local currency. Jungle may in its sole discretion however permit you to receive your fees, amounts or proceeds in a specified cryptocurrency. 

8. Where you opt to be paid via Paypal, an additional $5 (Five Dollars) fee shall apply.

9. In instances where you make a request to us to transfer or take down user content, a takedown fee of $20 (Twenty Dollars) per song shall apply.

10. You agree and understand that payments due to you may only be made once Jungle has received appropriate and verified documents to cover the volume of sales from our Partners or otherwise.

11. Any taxation arising from, related to or connected with the income/proceeds due to you shall solely be for your account and your responsibility. You hereby indemnify and hold Jungle harmless against any claims which may arise as a result of any tax liability.

12. If you are obligated by law to make any deductions or withholdings on account of any taxes of any nature, the amount payable to Jungle shall be grossed up to the extent necessary to ensure that after such applications of the deductions as may be mandated by law, the amount otherwise payable to Jungle remains.

13. In the event you meet the payment threshold contained herein and Jungle is unable to make payments to you as a result of your incomplete, inaccurate, non-functional or extinct information or accounts or for any other reason due to your fault for a period exceeding twelve (12) months from the due date of payment; or after meeting the payment threshold you fail to withdraw or request for monies due to you for a period exceeding twelve (12) months from the due date of payment, Jungle shall be entitled to charge and apply a dormancy fee or other account maintenance charge computed as an amount equal to 2.5% of the sums due to you. 

14. Jungle may in its sole discretion pass on to you the transfer/payment fees/charges which our payment service providers or financial institutions or Partners may charge or apply to Jungle.

15. If Jungle receives a lump-sum payment from our Partners that is not attributable to any user, particular artist account(s) or specific Recordings from any particular artist account(s) or ISRC code or User Content, Jungle will in its sole discretion, determine if and to what extent any portion of such monies shall be payable hereunder or what other steps to take. Without limiting the immediately preceding sentence, Jungle may determine to distribute such monies in its discretion among artists and or users based on historical earnings and/or proxy formula determined solely by Jungle.

16. It is your responsibility to make sure your payment method is functional. Jungle may also change or add additional payment methods.

17. If your account is maintained on behalf of a group, company, partnership, or anyone howsoever described other than you alone, then you shall be responsible for paying anyone else. Jungle will only make payments to the individual account holder.

SUBSCRIPTION FEES AND PLANS

1. In addition to the fees stated above, Jungle shall also be entitled to a subscription fee per annum.

2. The subscription fee for users may vary and will be dependent on the users plan as follows: 

 Free Plan: $0 (Zero dollars) per annum. This plan may be applicable to users with one (1) artist and a catalogue of fifteen (15) assets. 
 Artist Plan: $19.99 (Nineteen Dollars and Ninety-Nine Cents) per annum. This plan may be applicable to users with one (1) artist and a catalogue of more than fifteen (15) assets.
 Label Plan: $49.99 (Forty-Nine Dollars and Ninety-Nine Cents) per annum. This plan may be applicable to users with multiple artists and a catalogue of more than fifteen (15) assets.

3. For customer service requests, we will use our reasonable endeavors to ensure that such requests for users on the free plan receive a response within five (5) business days whilst other users will receive a response within three (3) business days.

4. The benefits and services that accrue to each plan shall be displayed on the website. Users should however endeavor to regularly check the website for updates as the aforementioned benefits, services and subscription fees for each plan may change from time to time.

DJ MIXES

1. Jungle owns and has the rights to Party in the Jungle; a platform for inter alia, DJ Mixes which is presently curated, distributed and released on Apple Music.

2. Users shall submit their DJ Mixes to Jungle whether via the website or otherwise for mastering/edits, further to which Jungle shall exclusively distribute and release the mastered version on Apple Music or any other platform at an agreed date and time to be communicated to the user by Jungle.

3. All DJ mixes submitted to us together with any videos made pursuant to the mix, shall be jointly owned pari passu in perpetuity throughout the world/in all jurisdictions by the user and Jungle, and free from any claim whatsoever by the user or by any other third party deriving any rights or interests from the mix. For the purposes hereof, all DJ mixes shall be works made for hire.

4. With specific reference to DJ Mixes, users shall collect the royalties earned from the commercial exploitation of their DJ Mixes directly from Platoon/Apple Music. This payment structure may be changed and any such change shall be communicated to, and binding on the user. We will also inform you of the payment structure for other Digital Service Providers in due course, and same shall be binding on you.

5. Users agree and understand that they or their agents, representatives, managers or any other third party are neither entitled to nor have any lien, interest, percentage, commission or right to any money, proceeds, revenue, income or royalties earned by Jungle or due to Jungle as it relates to the DJ Mixes.

6. Users represent, warrant and undertake that they shall exercise the best standard of care and skill in the recording of the DJ Mix, and the DJ Mix shall be submitted to Jungle in a timely manner.

7. Users shall comply with any directives/guidelines of either Jungle or Apple Music or any other platform for the DJ Mix. 

8. Users represent, warrant and undertake that the DJ Mix submitted to Jungle shall not be in breach of or violate any agreement or law which binds the user.

9. Users represents, warrants and undertakes that all DJ mixes submitted to Jungle shall either be mixed by the User, or the User has all the necessary rights, licenses or permits to the DJ mix.

10. Users shall indemnify Jungle for any breach of its representations, warranties or undertakings contained herein. 

11. All Intellectual Property created as a result of the DJ Mix including but not limited to the copyright in the artwork created for the DJ Mix shall be owned by Jungle and Jungle shall have all rights to same. 

12. Where applicable, users hereby grant Jungle, a royalty free license for reproduction, publication and distribution, public consumption, public exhibition, and communication to the public by telecommunication, media or otherwise, and any use whatsoever by Jungle with regard to any Intellectual Property or other work produced for the DJ Mixes for the purpose of its activities. This exclusive royalty free license is valid without territorial limitation. In addition, Jungle may authorize third parties including but not limited to Apple Music to execute it.

ARTIFICIAL INTELLIGENCE

1 Through the Website, Jungle makes available an Artificial Intelligence service that generates fully produced musical songs, works, sound recordings and images using settings and formulas determined and provided by Jungle or other third parties (“AI Service”). The use of Artificial Intelligence is relatively new and evolving on a daily basis and due to the nature of Artificial Intelligence, AI Content may not be unique across users and the AI Service may generate the same or similar AI Content. Consequently, Jungle cannot guarantee the suitability or appropriateness of AI Content and would not be liable in such circumstances as same is beyond its control.

2 All rights, title and interest in any track, music, video, image, work, audio-visual work, sound recording, masters, songs or output generated by or in connection with your use of the AI Service, including the musical work/composition therein and the sound recording thereof (“AI Content”) shall be owned by Jungle in perpetuity and /or include any renewal or extensions as provided in any relevant law in the Territory including under the Copyright Act 2022 of Nigeria (including any re-enactment or amendment) and all revenues therefrom after payment of Jungles distribution fees shall be jointly shared by You and Jungle according to the following copyright and publishing percentages to wit: You shall be due an amount equal to 70%, whilst Jungle shall be due an amount equal to 30%. For any avoidance of doubt, the parties fully covenant and irrevocably agree and understand that this clause shall survive any termination or your cease of the use of the Website or Jungles Services.

3 You hereby represent, warrant and undertake that:

a) You have acquired or will acquire prior to delivery to Jungle, from all artists, performers and musicians who have performed or contributed on AI Content, the rights necessary to make the grant of rights under this clause including (without limitation) all consents under the Copyright Act 2022 (as subsequently varied, re-enacted and amended) or any applicable law (as subsequently varied, re-enacted and amended) and You hereby grant to Jungle all such authorizations and consents. 

b) You waive (and will procure that each artist, contributor or musician who has performed or contributed to AI Content will waive) any so called moral rights pursuant to the Copyright Act 2022 or otherwise save for the right (where applicable) to be identified as the artiste in respect of AI Content (as applicable), as well as any other statutory rights that may affect this clause. 

c) You own or control the rights necessary to make the grant of rights under this agreement and the exercise of such rights by Jungle shall not violate or infringe the rights of any third party;  

d) You have paid and will pay any and all amounts payable directly or indirectly to any rights holder (including, without limitation, all authors, artists, composers and publishers of musical compositions embodied in AI Content in connection with the use of AI Content;  

e) None of AI Content contains any un-cleared master or publishing samples or breach of copyrights, and where applicable, You shall supply Jungle with full details of all such samples and all clearances obtained prior to the use of the AI Service.

f) Significant and sufficient effort and input has been or will be expended by You in the making and arrangement of AI Content in order to give it original character.

g) You shall, at the request of Jungle do all further acts, deeds and things and execute all further documents, deeds and instruments from time to time necessary to vest in Jungle, the rights granted by this agreement and for the protection and enforcement of those rights. 

h) In the event Jungle is notified of a third-party claim in connection with one or more of AI Content, Jungle will have the right to immediately suspend all use and Services in relation to such AI Content and the payment of any amount from such AI Content owed to You until the claim has been resolved. 

i) You shall indemnify Jungle and hold Jungle harmless from and against any and all losses, damages, costs and legal fees arising out of or by reason of any agreed or adjudicated claim that is inconsistent with or arising out of or by reason of any breach of Your representations, warranties, grants, undertakings or agreements given herein. If Jungle has any claim against You pursuant to this clause, Jungle shall withhold from any sums payable to You under this agreement any amount reasonably sufficient to meet such claim, including related damages and costs.

TAXES

1. All payments due to you shall be subject to all appropriate taxes.

2. You shall be responsible for any and all taxes, duties and other levies arising from, related to or connected with the income/proceeds due to you, including any interest and penalties thereon and additions thereto.

PARTNERS

1. Notwithstanding any of the terms contained herein as it relates to our Partners, the terms of our Partners shall be binding and effective on you and shall override any of the terms contained herein as it relates to our Partners where there is a conflict or lacuna between our Partners terms and these terms. We therefore urge you to read our Partners terms and conditions contained on their respective websites.

2. Our Partners may in their sole discretion determine the prices or streaming policies/mechanisms of User Content; how to commercially exploit User Content; whether to commercially exploit User Content or remove User Content or the amounts or payments due to you from the User Content using various pricing/streaming mechanisms, formulas, or policies.  We shall not be liable to you for any reason whatsoever as a result of the foregoing and shall only be liable to pay to you amounts actually received from our Partners. 

3. You understand and acknowledge that our Partners may retain for themselves a portion of income or proceeds that they receive from their customers and may deduct or withhold sums from the amounts that they pay to Jungle. Sums retained or withheld by our Partners may include without limitation, taxes and tariffs, administration fees, royalties or fees paid to third parties, wire transfer fees, and credit card processing fees and chargebacks.

REPORTING AND RECORDS

1. Jungle will make available to you digital reporting and a portion of accounting statements that it receives from our Partners for the applicable period as it relates to you. We may however redact those statements for any confidential information or information related to third parties. 

2. We shall not be able to provide you with these reporting’s or statements until we receive the same from our Partners.

3. Jungle shall be entitled to rely on payments and accounting statement received from its Partners. You shall have no right to inspect our books and records unrelated to you, or those of our Partners.

EVENTS

1. Each ticket purchased for events is a license to attend the event and is subject to the additional terms and conditions set forth by the event organizer or other third parties. 

2. All risks, liabilities, cancellations or no-shows arising from, related to or connected with events sold by Jungle are solely borne by you, users, purchasers, event promoters, organizers and planners. Jungle shall bear no liability or responsibility whatsoever in relation to any such risks, liabilities, cancellations or no-shows.

3. You acknowledge that Jungle has no control over and does not guarantee the quality, safety, accuracy or legality of any event or User Content associated with an event, the truth or accuracy of any information provided by Users or the ability of any User or its artists to perform or actually complete their obligations. Jungle has no responsibility to you for, and hereby disclaims all liability arising from the acts or omissions of any third parties a User or event planner or promoter chooses to assist with an event, or that you choose to contract with when using the services.

4. You understand and agree that some events may carry inherent risks, and by participating in those events, you choose to assume those risks voluntarily and Jungle shall not be liable in the circumstances. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.

5. Ticket sales for events are final and there shall be no refunds or exchanges. If for any reasons mandated by law there is a need for a refund or exchange, the liability shall be borne solely by User or event planner. 

6. User represents, warrants and undertakes that you and your affiliates shall obtain, prior to the start of event ticket sales, all and any necessary and applicable licenses, permits, and authorizations with respect to events hosted by you or your affiliates. 

7. User represents, warrants and undertakes that you and your affiliates shall comply and ensure that the venues for each event hosted by you or your affiliates will comply, with all applicable laws, regulations, rules and ordinances.

8. User represents, warrants and undertakes that you shall only request that Jungle offer tickets to an event for sale after you have obtained all and any necessary and applicable licenses, permits, and authorizations for such event, including, but not limited to, any state, county, municipal or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and you and your affiliates will maintain in force throughout your use of Jungles Website or Service all and any necessary and applicable licenses, permits, and authorizations for promotion, production, sponsor host and sale of tickets for all events hosted by you or your affiliates.

9. As compensation for Jungles services, Jungle shall be entitled to retain or be paid a sum computed as an amount equal to twenty percent (20%) of all sums, income or proceeds received from event ticketing and sales which are due to you. Jungle however reserves the right to change this amount upon notice to you.

10. With respect to Nigerian events; payments due to you for our services shall be paid in Nigerian Naira as mandated by law. As a result, where your fees, amounts or proceeds are received in foreign currency whether from customers, purchasers our Partners or otherwise, the fees, amounts or proceeds received shall be converted to Nigerian Naira in accordance with the prevailing NAFEX rate and paid to you accordingly. All other events from jurisdictions outside Nigeria shall also be paid in their local currency. Jungle may in its sole discretion however permit you to receive your fees, amounts or proceeds in a specified cryptocurrency. 

11. You agree and understand that payments due to you may only be made once Jungle has received appropriate and verified documents to cover the volume of sales whether from our Partners or other third parties.

12. In the event you meet the payment threshold contained herein and Jungle is unable to make payments to you as a result of your incomplete, inaccurate, non-functional or extinct information or accounts or for any other reason due to your fault for a period exceeding twelve (12) months from the due date of payment; or after meeting the payment threshold you fail to withdraw or request for monies due to you for a period exceeding twelve (12) months from the due date of payment, Jungle shall be entitled to charge and apply a dormancy fee or other account maintenance charge computed as an amount equal to 2.5% of the sums due to you. 

13. Jungle may in its sole discretion pass on to you the transfer/payment fees/charges which our payment service providers or financial institutions or Partners may charge or apply to Jungle.

14. Any taxation arising from, related to or connected with the income/proceeds due to you shall solely be for your account and your responsibility. You hereby indemnify and hold Jungle harmless against any claims which may arise as a result of any tax liability.

15. If you are obligated by law to make any deductions or withholdings on account of any taxes of any nature, the amount payable to Jungle shall be grossed up to the extent necessary to ensure that after such applications of the deductions as may be mandated by law, the amount otherwise payable to Jungle remains.

16. It is your responsibility to make sure your payment method is functional. Jungle may also change or add additional payment methods.

17. If your account is maintained on behalf of a group, company, partnership, or anyone howsoever described other than you alone, then you shall be responsible for paying anyone else. Jungle will only make payments to the individual account holder.

REPRESENTATIONS, WARRANTIES, INDEMNITIES AND LIMITATIONS

1. Representations & Warranties: You represent and warrant that: you have full authority and power to enter into these Terms and have taken all necessary actions to authorize its entry and performance of these Terms; these Terms constitutes a legal, valid and binding obligation on it and is enforceable in accordance with its terms by appropriate legal remedy; the execution and performance of these Terms will not breach or constitute a default under any articles of association (where you are a company), or any agreement, instrument, order, judgement or other restriction which binds you; and to the extent that you are a company, it is duly organized and validly existing under the laws of the place of its incorporation and has full corporate power and authority to enter into these Terms and to carry out the provisions hereof.

2. The representations and warranties set out in these Terms are continuous in nature and shall always be deemed to have been given by you upon your use of our Service or the Website.

3. Indemnity: You shall, at your expense and Jungle's request, defend any third party claim or action brought against Jungle and all of its respective directors, Partners, officers, employees, licensees, agents and independent contractors: (i) arising out of or related to your use of our Services or Website; (ii) arising out of or related to the User Content; (iii) arising from any claim that, if true, would constitute a breach of your warranties, representations or covenants set forth in these Terms; and you shall indemnify and hold Jungle harmless from and against any costs, damages and fees reasonably incurred by Jungle including but not limited to fees of legal advisers  and other professionals that are attributable to such Claims.

4. Limitation of Liability: In no event shall Jungle or its directors/shareholders be liable for any special, indirect, incidental, consequential, aggravated or exemplary damages of any nature arising out of or related to these Terms. The foregoing shall apply regardless of the negligence or other fault of Jungle and regardless of whether such liability sounds in contract, negligence, tort, strict liability or any other theory of liability. Under no circumstances shall Jungle be liable to you or any third party for: (i) any damage resulting from an error or interruptions of the provision of the Website or Service; or (ii) an amount greater than the aggregate amounts paid by or ought to have been paid by Jungle to the claimant. 

5. Limitation of Warranty: Except as expressly warranted herein, to the fullest extent permitted by law Jungle does not make any, and you acknowledge that Jungle has not made any, and hereby specifically disclaims any representations or warranties, conditions or other terms express or implied, whether implied by statute, common law, custom, collaterally or otherwise regarding the Website or Service, if any, including, but not limited to any implied warranty of satisfactory quality, merchantability or fitness for a particular purpose or events being held on time or at all. Jungle shall not be held responsible for any loss of business suffered through the performance of the Website or Service. Jungle will have no liability to the User for (a) any failure of the Website that results in the failure or inability to process a transaction, or (b) the quality of the services provided to you.

INTELLECTUAL PROPERTY

1. Jungle shall own all Intellectual Property rights in connection with and in (i) all versions of the Website or its Services. You acknowledge that the Website, its Services, Jungles Intellectual Property and your use in connection with these Terms inures to the benefit of Jungle and nothing herein will grant any ownership interest in the elements of the Website, Jungles Services or Jungles Intellectual Property to User.

2. Subject to the terms and conditions of this Agreement, Jungle hereby grants to User a limited, non-exclusive, revocable licence to use its Intellectual Property for the purpose of these Terms.

3. The Website and the technology and infrastructure used to provide content to it are proprietary to Jungle. Accordingly, notwithstanding anything herein to the contrary, without the express, written permission of Jungle, which may be denied or granted in its sole discretion, you will not, directly or indirectly: (a) access, search, scrape, crawl or monitor the Website or copy, extract, use, modify, or repurpose any content or information thereon for any purpose or by any means (e.g., robot, spider, scraper or any other automated or manual means); or (b) deep-link to any portion of the Website. In addition, you will not, directly or indirectly: (i) violate the restrictions in any robot exclusion headers on the Website or bypass, circumvent, or avoid any measure employed to prevent or limit access to the Website, including the content and information thereon; or (ii) take any action that, in Jungle’s sole discretion, imposes or might impose an unreasonable or disproportionately large load on the technology or infrastructure of the Website.

4. Except for the limited licence granted above, you are prohibited from using or displaying (directly or indirectly), and you agree not to use, display, or reference (directly or indirectly), the Website or Jungles Intellectual Property in any manner whatsoever (including, without limitation, in any meta-tags, search engine advertising, marketing or optimization, any other online or offline marketing or advertising, press releases, etc.) without the express, written permission of Jungle which may be denied in the sole discretion of Jungle. All rights not expressly granted are reserved by Jungle. You acknowledge and agree that any breach of this Clause will result in irreparable harm to Jungle, as well as damages. You agree that compliance with this Clause may be specifically enforced in any court of competent jurisdiction, without prejudice and in addition to Jungles right to seek damages or other remedies for any such breach.

CONFIDENTIALITY

1. In performing their obligations under these Terms, Jungle may disclose to User Confidential Information. You agree, represent, warrant and undertake to keep and where applicable to cause your affiliates, agents, managers, record labels, promoters, artists, workers, officers and associates to keep such Confidential Information as secret and strictly confidential at all times.

GENERAL

1. Force Majeure: Jungle shall not be liable for loss or damage of any nature whatsoever incurred or suffered by you because of delays or defaults caused by Force Majeure. 

2. Notices: all notices and requests in connection with these Terms may be sent by electronic mail to the parties respective email addresses. 

3. Assignment: You shall not assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms and/or charge or deal in any other manner with these Terms or any of Jungle respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause shall be ineffective. 

4. Severability: In the event that any provision of these Terms is found invalid or unenforceable pursuant to a lawful and non-appealable judgement, the remainder of these Terms shall remain valid and enforceable according to its terms. The parties intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall enter into good faith discussions on the modifications which might be necessary to make them enforceable. You hereby agree to waive any purported rights to challenge the validity or enforceability of these Terms on the grounds that you did not sign or seal these Terms.

5. Modifications, Directives & Guidelines: Notwithstanding any stipulations contained in these Terms, Jungle may amend or change these Terms at any time. Jungle may also release other notices, directives or guidelines from time to time which shall be communicated to you. Such notices, directives or guidelines shall be binding and enforceable against you and you acknowledge and accept that your failure to comply with any such notice, guideline or directives will constitute a breach of these Terms. 

6. Relationship of the Parties: Each party is an independent contractor, and nothing contained in this Agreement shall be construed to create or imply an affiliation, joint venture, mandate, partnership or employment relationship between the parties.

7. Waiver: In no event shall any delay, neglect or forbearance on the part of Jungle in enforcing (in whole or in part) any provision of these Terms be or be deemed to be a waiver of those terms or shall in any way prejudice Jungles rights under these Terms.

8. Non-Circumvention: You or your agents, management, artists, associates, record labels, producers, promoters, organizers, planners, writers, sponsors, employees or anyone howsoever described acting on your behalf or related or connected with you hereby irrevocably agree not to circumvent, avoid, bypass, interfere or obviate Jungle in respect of these Terms.

TERMINATION

1. Jungle in its sole discretion and with or without cause may terminate your use of its Services or Website immediately upon written notice to you. Users may terminate its further use of the Services or Website upon giving Jungle 30 working days’ written notice.

2. Upon termination for any reason: (i) User shall immediately cease using the Services or Website or any other rights granted to you as a result of your previous use of the Services or Website; (ii) Users Account may be shut down immediately by Jungle (iii) Upon any notice to Jungle to remove or take down User Content, User may be liable to pay any take-down fees; and (iv) Where an Advance is granted to User by Jungle, User shall be unable to take-down or request a takedown of User Content until Advance is fully recouped by Jungle. 

3. In the event of your use of the Website or Services being terminated by any of the circumstances above: you shall be and remain liable to perform all outstanding liabilities under these Terms notwithstanding the ceasing of further use of the Service or Website. 

4. Notwithstanding any termination, Jungle may deduct, net-off and retain from your balance upon termination in the event that you are indebted to Jungle and have failed to liquidate such debt; or for any claims made by Jungle or sums/amounts found due to Jungle.

GOVERNING LAW AND DISPUTE RESOLUTION

1. These Terms shall be construed and enforced in accordance with the laws of the Federal Republic of Nigeria.

2. Any difference, dispute or claim arising out of or in connection with these Terms shall first be referred to conciliation privately amongst User and Jungle in order to seek an amicable settlement of the dispute in good faith.

3. If you or Jungle are unable to settle the dispute amicably and agree on terms of settlement within thirty (30) working days of the notice of conciliation, the dispute shall be referred to Arbitration under the Arbitration and Conciliation Act 1988 and the Rules made thereunder or any of its amendment, re-enactment or replacement before a single arbitrator appointed by the Chairman of the Chartered Institute of Arbitration (UK), Nigeria Branch.  The arbitration proceedings shall be held in Owerri, Imo State, and shall be conducted in English Language. Awards shall be in writing and shall be final and binding on you and Jungle from the date they are made. Each party shall jointly bear the costs of the arbitration proceedings including arbitrators' fees and costs. All other costs (including its lawyers' fees) associated with such proceedings shall be borne separately.

Read Privacy Policy

PRIVACY POLICY OF THE JUNGLE RECORDING COMPANY LIMITED

Commitment to Privacy
The Jungle Recording Company Limited (“Jungle”) (hereinafter referred to as “we” “us” or “our”) is committed to protecting the privacy of those using afrobeatsdistro.com (“our website”), and the confidentiality of the personal information with which our users provide us.

“User/You/Your” means any person or entity howsoever described that makes use of Jungles Services or Website whether as a registered user or otherwise and includes Website visitors.

This Privacy Policy is to inform you of our best practices on how we collect, use and safeguard your personal information. It also describes our practices and applies solely to personal identifiable information and data collected by us through the Services on this site, applications or other platforms. 

By using our website, and upon disclosing personal information on our website, you are consenting to the storage, collection and processing of your personal information whether in the manner set out in this Privacy Policy or otherwise communicated to you. 

The Privacy Policy applies to our website but does not apply to any third-party activities, including third party websites, vendors, social networking platforms or third-party ads displayed on our website. 

In addition to reading our Privacy Policy, please read our Terms and Conditions as they constitute the whole agreement between you and us.

Use of Information
We use the information we collect to serve you. We also use your information to let you know about enhancements to the website and other relevant use such as marketing and other commercial activities. 

If you would rather not receive this information, you can either inform us in writing, or “opt out” by following the unsubscribe link contained in any email marketing communications that you receive from us.

When you register and/or use our website, we may ask you to provide certain information, including but not limited to: 

Name;
Email-Address;
User Name and Passwords;
Age;
Date of Birth;
Gender;
Home and Billing Address;
Passport Details;
Telephone Number; and
Bank Details.

We will store the above information and may use it to contact you, provide you with details of Services and otherwise for our normal use or for purposes of marketing and other commercial activities unless you have expressly asked us not to do so in writing. 

Other specific purposes of collection includes but is not limited to: accounts data; user category data; communication data; online activity data; and social media data.

We do not pass on your personal information to any third parties except:

To enable you obtain access to the restricted parts of certain third parties’ information/services;
To enable you receive information; or
To enable you receive and/or complete a service.

In order to enable us to improve our website and or diagnose problems with our servers, we may gather information about you when you use it such as: details of your operating system, browser version, domain name and internet providers address, and the details of the website from which you came. 

Our website may provide links to other sites. We are not responsible for their privacy protection policies. You should check their privacy policies if you are concerned.

You agree that we may disclose to any regulatory authority empowered to require such information by or under any legal enactment, any information they may request or require in relation to you or if relevant, any of your clients, agents, shareholders, directors, privies or associates.

Other Applicable Uses
If you obtain or choose to obtain Services through our website, we may collect information about you.

If you send us personal correspondence such as emails or letters or post reviews or other messages on the bulletin boards or in the chat areas, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and the preceding paragraph shall be known as “the Purposes”).

By using our website, you agree to the processing and disclosure of your personal information for the Purposes. If you would like to review or modify any part of your personal information, then you should notify us.

Recording Calls
We may monitor and record telephone calls made to us.

Cookies
We may use cookies for collecting user information from the website. We will only read cookies from your cookie file placed there through your web browsers interaction with our website.

Cookies are messages given to a web browser by a web server. The message is then stored by the browser in a text file called cookie.txt. 

Each time the browser requests a page from the server, this message is sent back. A cookie’s main objective is to identify users and personalize their visit by customizing web pages for them, for example by welcoming them by name next time they visit the same site. 

A site using cookies will usually invite you to provide personal information such as your name, email address and interests. We use this information to help improve our functionality and services, run diagnostics, analyze trends, track visitor movements, gather broad demographic information and personalize our services.

If you don’t want cookies to be installed on your device, you can change the settings on your browser or device to reject cookies.

Please note that, if you do set your internet browser to reject cookies, you may not be able to access all of the functions of our website.

Further information
We may alter this Privacy Policy from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Privacy Policy on the website regularly.

You may request us to delete your data from our website by emailing us.

For further enquiries regarding this Privacy Policy, please do not hesitate to contact us.

General
Data shall be stored by us for as long as is necessary in order to enable our seamless and continuous operation of our activities. 

If you have any complaints in relation to our privacy policy, kindly lodge same with us or with the relevant authority within a reasonable time. 

In the event that any of the terms contained herein are violated, we shall use our best endeavours to rectify the violation within a reasonable time. 

We shall use our best endeavors to adopt and implement adequate physical and technical measures with a view to guarantying the confidentiality, secure processing and storage of Personal and Sensitive Data obtained and processed through the use of our site, applications and other platforms.

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