THE IMAGINARY RECORDS

1. Introduction

The Imaginary Records ("TIR", "we", "our", "us") is committed to protecting your personal information and your right to privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website at theimaginaryrecords.in and use our services.

Please read this policy carefully. If you disagree with its terms, please discontinue use of our site.

2. Information We Collect

We collect information you provide directly to us when you:

• Submit a demo or contact form
• Register as an artist on our platform
• Submit music releases via our artist portal
• Contact us via email or social media

This may include your name, email address, phone number, music files, artist information, payment details, and any other information you choose to provide.

3. How We Use Your Information

We use the information we collect to:

• Process and distribute your music to streaming platforms
• Communicate with you about your releases, royalties, and label activities
• Process royalty payments to you
• Comply with legal obligations and enforce our agreements
• Improve our services and website
• Send you updates and marketing communications (with your consent)

4. Sharing of Information

We may share your information with third parties only in the following situations:

• Distribution Partners: PDL India (Phonographic Digital Limited) and Conyfer, our distribution partners, receive necessary metadata and files to distribute your music.
• Streaming Platforms: Spotify, Apple Music, Amazon Music, and other DSPs receive artist and release metadata as part of distribution.
• Payment Processors: PayPal and other payment processors for royalty disbursements.
• Legal Compliance: When required by law, court order, or governmental authority.

We do not sell, rent, or trade your personal information to third parties for their marketing purposes.

5. Data Security

We implement appropriate technical and organizational security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. Our platform uses Firebase/Google Cloud infrastructure with industry-standard security.

6. Data Retention

We retain your personal data for as long as your artist account remains active or as needed to provide services. Upon account termination, we retain data as required by law or for legitimate business purposes for up to 7 years.

7. Your Rights

You have the right to: access your personal data; correct inaccurate data; request deletion of your data (subject to legal obligations); object to processing; and withdraw consent. To exercise these rights, contact us at support@theimaginaryrecords.in.

8. Cookies

Our website may use cookies and similar tracking technologies to enhance your experience. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.

9. Children's Privacy

Our services are not directed to children under 13. We do not knowingly collect personal information from children under 13. If we learn we have collected such information, we will delete it promptly.

10. Changes to This Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new policy on this page and updating the "Last Updated" date.

11. Contact

For any privacy-related questions or concerns, contact us at:
support@theimaginaryrecords.in
Village Gund Saderkote Bala, Block Hajin, District Bandipora, J&K, 193504, India.

1. Acceptance of Terms

By accessing or using the website at theimaginaryrecords.in ("Website") or any services provided by The Imaginary Records ("TIR", "we", "us", "our"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use our services.

2. Services Provided

TIR provides music distribution, A&R development, rights management, and related services to independent artists and labels. Our services include but are not limited to: global DSP distribution, artist portal access, royalty processing, cover art assistance, and marketing support.

3. Artist Eligibility

To use our services, you must:

• Be at least 18 years of age, or have parental/guardian consent
• Own or control the rights to all music submitted
• Not submit content that infringes on third-party intellectual property rights
• Provide accurate and complete information during registration

4. Content Ownership & Rights

You retain 100% ownership of your music and master recordings. By submitting music to TIR, you grant us a non-exclusive license to distribute, promote, and monetize your content across agreed platforms for the duration of our agreement.

5. Royalties & Payment

TIR pays artists 95% of net royalties received from distribution partners PDL India and Conyfer. Payments are processed monthly. TIR retains 5% as a service fee. Royalty statements will be provided upon request within 30 days.

6. Prohibited Conduct

You agree not to:

• Submit music that infringes copyrights, trademarks, or other intellectual property rights
• Use bots, automation, or fraudulent methods to artificially inflate streaming numbers
• Engage in stream farming, clickfarms, or any deceptive streaming practices
• Submit content that promotes violence, terrorism, child exploitation, or illegal activity
• Provide false or misleading information about ownership or rights
• Use AI-generated music without proper disclosure (where platforms require it)

7. Termination

TIR may terminate your account and distribution agreement immediately if you breach these Terms. Upon termination, any outstanding royalties (minus fees and penalties) will be processed within 60 days. Releases may be removed from platforms within 30–90 days of termination.

8. Limitation of Liability

TIR shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability to you for any claim shall not exceed the total royalties paid to you in the 3 months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless TIR, its founder, employees, and partners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the services, your content, or your violation of these Terms.

10. Governing Law

These Terms are governed by the laws of India. Any disputes shall be resolved in the courts of Jammu & Kashmir, India. By using our services, you consent to this jurisdiction.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of our services after modifications constitutes acceptance of the updated Terms.

12. Contact

For questions about these Terms, contact us at support@theimaginaryrecords.in.

Section 1 — Parties

Label: The Imaginary Records, a sole proprietorship owned and operated by Aabyd Khan, located at Village Gund Saderkote Bala, Block Hajin, District Bandipora, J&K, 193504, India. Contact: theimaginaryrecords@gmail.com / +91 9541543424.

Artist: The individual, group, or entity that has agreed to distribute or sign music through TIR, as identified during registration or onboarding.

Section 2 — Grant of Rights

The Artist grants The Imaginary Records a non-exclusive, worldwide license to distribute, stream, download, and monetize the Artist's music through our distribution partners PDL India (Phonographic Digital Limited) and Conyfer, and their downstream platforms (including Spotify, Apple Music, Amazon Music, YouTube Music, Tidal, JioSaavn, Deezer, and 200+ more).

The Artist retains 100% ownership of their master recordings and publishing rights at all times. TIR does not claim ownership of any content.

Section 3 — Royalty Split

Net royalties received by TIR from distribution partners shall be split as follows:

• Artist receives: 85% of net royalties
• Label retains: 15% as a distribution and services fee

"Net royalties" means gross income received by TIR from distribution partners, minus any platform fees, currency conversion charges, or withholding taxes imposed by third parties beyond TIR's control.

Section 4 — Distribution Timeline

TIR commits to submitting approved releases to distribution platforms within 24 to 48 hours of receiving complete, compliant release materials. Platform processing times may vary; typical live date is 1–5 business days from submission. TIR is not liable for delays caused by platform processing queues.

Section 5 — Lock-In Period

Artists agree to a 6-month minimum commitment from the date of first release under TIR. During this period, the Artist may not distribute the same content through competing services without prior written consent from TIR. After 6 months, either party may terminate with 30 days' written notice.

Section 6 — Royalty Payments

Royalties are processed and paid monthly, typically within 45–60 days of the close of each reporting period (as determined by our distribution partners). Payments are made via PayPal or other agreed methods. Artists must maintain valid payment information. Unclaimed royalties will be held for up to 12 months before being forfeited.

Section 7 — Royalty Disputes

The Artist has a 30-day window from the date of each royalty statement to raise disputes. Disputes must be submitted in writing to support@theimaginaryrecords.in with specific details. TIR will investigate and respond within 15 business days. After the 30-day window, statements are deemed accepted.

Section 8 — Copyright Claims

If a copyright claim, Content ID dispute, or takedown notice is received by TIR related to the Artist's content, TIR will notify the Artist via email within 48 hours of receiving the notice. The Artist must respond with counter-claim documentation within 7 business days. Failure to respond may result in acceptance of the claim and removal of the affected content.

Section 9 — Artist Warranties

The Artist warrants and represents that:

• They own or control all rights to the submitted music, including master recording rights, composition rights, and sample clearances
• The music does not infringe on any third-party intellectual property rights
• All featured artists, producers, and contributors have provided written consent for the release
• The music does not violate any laws or regulations
• All metadata provided (artist name, album name, ISRC, etc.) is accurate and truthful

Section 10 — Prohibited Activities & Fraudulent Conduct

• Stream Fraud: Using bots, clickfarms, automated tools, or any artificial means to inflate streaming counts, listener numbers, or playlist placements
• Copyright Infringement: Submitting music that samples, interpolates, or copies third-party copyrighted material without proper clearance
• Identity Fraud: Submitting music under a false artist name or impersonating another artist
• AI-Generated Content Fraud: Submitting AI-generated music while falsely representing it as human-created where platforms prohibit AI content, or without required AI disclosure
• Metadata Fraud: Providing false ISRC codes, UPC codes, or metadata to manipulate chart positions or royalty calculations
• Platform Manipulation: Any activity designed to manipulate DSP algorithms, editorial playlists, or recommendation systems through fraudulent means
• Label Impersonation: Using TIR's name, logo, or brand without authorization
• Duplicate Releases: Submitting the same content through multiple distributors simultaneously without TIR's written consent

Section 11 — Penalties for Violations

Violations of this Agreement, particularly those outlined in Section 10, shall result in the following consequences:

• Immediate account termination without notice
• Immediate takedown of all content distributed through TIR
• Forfeiture of all outstanding royalties owed to the Artist
• Financial penalty of ₹50,000 (INR) [approx. $600 USD] per instance of stream fraud or copyright infringement proven by platform data or third-party investigation
• Financial penalty of ₹1,00,000 (INR) [approx. $1,200 USD] for identity fraud or deliberate copyright infringement causing legal action against TIR
• Full indemnification: The Artist shall be liable for 100% of all costs, legal fees, fines, damages, and losses incurred by TIR as a direct result of the Artist's violation, including but not limited to: distribution partner penalties, DSP bans, legal representation fees, court costs, and reputational damages
• Reporting to authorities: TIR reserves the right to report fraudulent activity to Indian law enforcement, distribution partners (PDL India, Conyfer), and relevant DSPs
• Blacklisting: The Artist may be permanently blacklisted from all TIR services and from distribution through TIR's partner networks

Section 12 — Label-Level Consequences

The Artist acknowledges and agrees that fraudulent or illegal activity by the Artist can cause direct harm to TIR at the label level, including: platform bans for all TIR artists, loss of distribution partner agreements, reputational damage, legal liability, and financial penalties imposed on TIR by partners.

In such cases, the Artist who caused the violation shall bear sole financial and legal responsibility for all label-level consequences, including compensating TIR for all losses suffered by the label, its other artists, and its business operations as a result of the Artist's actions.

TIR shall have the right to pursue civil remedies against the offending Artist to recover all such damages in full.

Section 13 — Takedowns & DMCA

If TIR receives a valid DMCA takedown or copyright claim against the Artist's content, TIR will process the takedown as required by law and notify the Artist within 48 hours. TIR is not liable for any losses resulting from legitimate takedowns of infringing content. The Artist indemnifies TIR against all claims arising from copyright infringement by the Artist.

Section 14 — Termination

Either party may terminate this Agreement with 30 days' written notice after the initial 6-month lock-in period. TIR may terminate immediately for material breach (including but not limited to violations under Section 10). Upon termination:

• Releases will be removed from platforms within 30–90 days
• Outstanding royalties (minus any penalties or deductions) will be processed within 60 days
• The Artist's obligation to indemnify TIR for pre-termination activities survives termination

Section 15 — ISRC & Metadata

TIR may register ISRC codes on behalf of the Artist through IMI India (PDL India). These codes remain associated with the specific recordings. The Artist is responsible for providing accurate metadata. TIR is not liable for delays, chart ineligibility, or other issues arising from inaccurate metadata provided by the Artist.

Section 16 — Confidentiality

Both parties agree to keep the financial terms of this Agreement confidential. Neither party shall disclose the specific royalty rates, fees, or business terms to third parties without written consent, except as required by law.

Section 17 — Dispute Resolution

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If unresolved after 30 days, disputes shall be submitted to mediation in Jammu & Kashmir, India. If mediation fails, disputes shall be resolved by binding arbitration under Indian Arbitration and Conciliation Act, 1996. The prevailing party shall be entitled to recover reasonable legal fees.

Section 18 — Artist Liability for Label Consequences

This section explicitly establishes that the Artist is solely liable for any consequences suffered by The Imaginary Records as a result of the Artist's actions, including but not limited to:

• Distribution partner account suspensions caused by the Artist's fraudulent activity
• Platform bans affecting TIR's entire catalog due to the Artist's violations
• Legal fees, settlements, or judgments TIR faces due to the Artist's copyright infringement
• Revenue loss to TIR from platform penalties imposed because of the Artist's conduct
• Reputational damage to TIR's brand caused by the Artist's public misconduct

The Artist agrees to fully indemnify, defend, and hold harmless The Imaginary Records from all such consequences without limitation.

Section 19 — Governing Law & Entire Agreement

This Agreement is governed by the laws of India, specifically applicable in Jammu & Kashmir. This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions. Any amendments must be in writing and signed by both parties. If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force.

Contact: support@theimaginaryrecords.in | +91 9541543424
The Imaginary Records, Village Gund Saderkote Bala, Block Hajin, District Bandipora, J&K 193504, India.