Terms and conditions

Decrease in Curator Score. The Curator's score on the Platform reflects their adherence to the terms of this Agreement and their overall performance. In cases of breach, the Platform will assess the severity of the infraction and reduce the Curator's score accordingly. The criteria for determining the severity may include factors such as the frequency of breaches, the impact on users or other Curators, and whether the breach was intentional or accidental.

Decrease of Playlist Score. Any Playlists affected by the breach will also experience a reduction in their scores. This decrease aims to maintain the quality and reliability of content available on the Platform. The extent of the decrease will be proportional to how significantly the breach impacted on the Playlist's integrity or user engagement.

Monetary Fine. A monetary fine will be imposed based on the Credit-worth value of the affected Submissions. This fine will be calculated using a predefined formula that takes into account factors such as revenue generated from the Submissions, user engagement metrics, and any other relevant financial indicators. The fine will be deducted directly from the Curator's Credits on the Platform. Should the total fine exceed the available credits, the Curator’s account will reflect a negative balance, which may limit further activities on the Platform until resolved.

Temporary Suspension. If a breach is suspected or reported, the Curator's Account may be temporarily suspended while a thorough investigation is conducted by the Platform. During this period, the Curator will not have access to their account or its features. The duration of this suspension will depend on the complexity of the investigation but will be communicated to the Curator as soon as practicable.

Permanent Suspension. In cases where a breach is deemed severe—such as repeated violations, fraudulent activities, or actions that harm other users or the Platform—the Curator's Account may be permanently suspended. This action will be taken after careful consideration and will be accompanied by a formal notification outlining the reasons for such a decision.

Freezing of Credits. All Credits in the Curator's account may be frozen until a resolution regarding the breach is reached. This means that no transactions, including withdrawals or transfers, can occur during this period. The freezing of credits serves to protect both the Curator and the Platform while investigations are underway.

Freezing of Payout Requests. The Curator's right to request any payout from their Account will be suspended temporarily during the investigation and resolution process and permanently if they are found guilty. This measure ensures that any potential discrepancies related to breaches are addressed before any financial transactions are processed. The Platform reserves the right to enforce any combination of these penalties as deemed appropriate, based on an assessment of the nature and impact of each breach. The goal is to maintain a fair and trustworthy environment for all users while providing opportunities for learning and improving where possible. Notifications regarding any penalties imposed will be communicated to the Curator in writing, detailing the reasons for such actions and any available recourse they may have.

Process for Suspension and Termination. Upon identification of any violations in regard with this Agreement, the Platform will take immediate action to suspend the Curator's account pending an investigation as delineated in section 7 of this Agreement. The Curator will be notified of the suspension and provided with details regarding the grounds for action taken. Depending on the findings of the investigation, the Platform may either reinstate the account after appropriate review or proceed with permanent termination.

Verification of Curator Identity and Playlist Ownership. The Platform reserves the right to conduct thorough verification processes to confirm the identity of all Curators, and the ownership of Playlists associated with their accounts. This verification may include, but is not limited to, the collection of personal identification documents, proof of affiliation for the proof of ownership itself, and any other relevant information deemed necessary by the Platform. Curators are required to cooperate fully with these verification requests and provide accurate and up-to-date information to facilitate this process. Failure to comply with verification requests may result in suspension or termination of the Curator’s account and associated playlists.

Auditing of Follower Growth and Streaming Activity. The Platform employs both third-party services and internal tools to monitor and audit the growth of followers and streaming activity on Playlists curated by Curators. This auditing process aims to ensure the authenticity and integrity of follower counts and streaming metrics. The Platform reserves the right to analyze data patterns, assess engagement levels, and investigate any suspicious activity that may indicate fraudulent practices, such as artificial inflation of follower counts or streaming numbers. In the event that irregularities are detected, the Platform may take appropriate action as mentioned in section 7 of this Agreement.

Requirement for Proof of Placement. Curators may be required to provide documentation or proof of Placement upon request from the Platform. Such proof may include screenshots, links to external sites, or any other evidence that substantiates claims regarding Playlist Placements, follower engagement, or promotional activities. Curators must retain records of their Placements and be prepared to present this information promptly when requested. Failure to provide satisfactory proof of Placement within the specified timeframe may result in penalties as per section 7 of this Agreement.

Confidentiality of Information. All information collected during the verification and auditing processes will be handled with strict confidentiality in accordance with applicable data protection laws. The Platform will not disclose any personal information or sensitive data without the Curator's consent, except as required by law or in response to a valid legal request.

Content Management. The Platform shall not be liable for any content added to or removed from the Curator's playlists. The Curator assumes full responsibility for the selection, management, and curation of all content within their Playlists. This includes ensuring that all content adheres to applicable copyright laws and does not infringe upon the rights of third parties.

Actions Taken by Third Party Platforms. The Platform shall not be held liable for any actions taken by Third Party Platforms against the Curator’s account. This includes, but is not limited to, account suspensions, terminations, or any other punitive measures enforced by Third Party Platforms as a result of the Curator's actions or omissions. The Curator acknowledges that they are operating under the terms set forth by such Third-Party Platforms and accepts full responsibility for any consequences arising from their use of the Third-Party Platforms.

Indemnification. The Curator agrees to indemnify and hold harmless the Platform, its affiliates, officers, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to the Curator’s failure to comply with Third Party Platforms’ terms and conditions, monetization or promotional policies, or any other obligations set forth

Acknowledgment of Understanding. By using the Platform and creating or managing playlists, the Curator acknowledges that they have read, understood, and agree to be bound by this section. The Curator further acknowledges that they have had the opportunity to seek independent legal advice regarding their responsibilities and liabilities as outlined herein.

Headings. The headings in this Agreement are for convenience of reference only and shall not be deemed or construed to establish, define, or limit the meeting of any part, clause, or other provision herein.

Compliance Assurance. Curators acknowledge and agree that they are solely responsible for their compliance with all applicable terms and conditions of the Platform and any Third-Party Platform upon which the Curator operates their Playlists. The Platform disclaims any liability in relation to such compliance. In the event that a violation of the rules and regulations of any Third-Party Platform is discovered, the Platform reserves the right to suspend the Curator's account, in accordance with section 7 herein, to safeguard the interests of artists and to protect the reputation of the Platform. Any individual or entity that suspects violations of terms and conditions, concerns regarding Curators, Playlists, or any suspicious user activity is encouraged to report such matters for investigation. All inquiries should be directed to review@apolone.com.

Notice. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice”, and with the correlative meaning “Notify”) must be in writing and addressed to the other Party at its address herein mentioned (or to such other address that the receiving Party may designate from time to time in accordance with this clause). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier, certified or registered mail (in each case, return receipt requested, postage prepaid) or respective email addresses as provided by the Parties. Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt of the receiving Party; and (b) if the Party gives the Notice to the respective Party’s email address.

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY COURT LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. EACH OF THE PARTIES FURTHER CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER.

Non-Disparagement. Curator agrees and covenants not to, at any time, make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning, or with respect to, the Platform’s businesses or any of its employees or contractors. This Section does not, in any way, restrict or impede the Curator from exercising protected rights to the extent that such rights cannot be waived by agreement, or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or a government agency.

Force Majeure. Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure results from circumstances beyond its reasonable control, including but not limited to natural disasters (such as earthquakes, floods, hurricanes, or other acts of God), server outages, wars, terrorism, riots, labor disputes, pandemics, governmental actions, or any other events that could not have been reasonably foreseen or prevented (collectively referred to as "Force Majeure Events"). In the event of a Force Majeure Event, the affected party shall promptly notify the other party in writing of the occurrence of such an event and the expected duration of the delay. The performance of the affected obligations shall be suspended for the duration of the Force Majeure Event, and the time for performance shall be extended accordingly. The affected party shall not be held liable for any damages, losses, or expenses incurred by the other party as a result of such delay or non-performance due to a Force Majeure Event. Both parties agree to use reasonable efforts to mitigate the impact of the Force Majeure Event and resume performance as soon as reasonably practicable.

Severability. If a court of competent jurisdiction determines, for any reason, that any provision or requirement of this Agreement is invalid or unenforceable, such determination shall not invalidate or render unenforceable any other provision or requirements of this Agreement. In such an event, the provisions and requirements of this Agreement. In such an event, the provisions and requirements that are not the subject of the court’s determination shall be interpreted, to the extent permitted by law, in a manner that is consistent with the intent and purpose underlying the invalid or unenforceable provision or requirement. Likewise, if a court of competent jurisdiction determines, for any reason, that any provision or requirement of this Agreement is invalid or unenforceable as applied to a specific person or entity, such determination shall not affect the applicability of such provision or requirement to other persons or entities. In such an event, the provisions and requirements that are not the subject of the court’s determination shall be interpreted, to the extent permitted by law, in a manner that is consistent with intent and purpose underlying the inapplicable provision or requirement.

Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, not shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of other right, remedy, power, or privilege.

Assignment Either Party shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of all Parties. Any purported assignment or delegation shall relieve the Party of any of its obligations under this Agreement.

No third-party beneficiary. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

Entire Agreement. This Agreement, including and together with any related statement of work, exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, warranties, both written and oral, regarding such subject matter.