1. Acceptance of Terms

By accessing and using Flam Tunes ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use the Service.

Flam Tunes is operated by Flam Tunes (Pty) Ltd, a company registered in South Africa. These terms are governed by South African law.

2. Description of Service

Flam Tunes provides a digital music streaming and distribution platform featuring South African artists. The Service includes:

• Audio streaming and downloads
• Video content
• Live streaming events
• Event ticketing
• Merchandise sales
• Fan club memberships
• Artist-to-fan messaging
• Social features (following, sharing, playlists)

3. User Accounts

3.1 Registration

You must create an account to access certain features. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Account Types

• Public Users: Free access to streaming and basic features
• Artists: Must submit and verify artist profile; can upload content and earn revenue
• Premium Members: Enhanced features and exclusive content access

4. Content and Intellectual Property

4.1 User Content

Users may upload, submit, or transmit content including music, videos, images, and text ("User Content"). You retain all rights to your User Content but grant Flam Tunes a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your content on the Service.

4.2 Copyright and Ownership

You represent and warrant that you own or have the necessary rights to all User Content you upload and that such content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights.

4.3 Platform Content

All content, features, and functionality of the Service (excluding User Content) are owned by Flam Tunes and are protected by copyright, trademark, and other intellectual property laws.

5. Artist Terms

5.1 Artist Agreement

Artists must agree to additional terms regarding content distribution, revenue sharing, and rights management. By uploading content as an artist, you agree to the Artist Distribution Agreement.

5.2 Revenue Sharing

Revenue from streams, downloads, tips, merchandise, and ticketing is shared according to rates specified in your Artist Agreement. Standard rates are:

• Streaming revenue: 70% to artist, 30% platform fee
• Download sales: 85% to artist, 15% platform fee
• Tips: 95% to artist, 5% processing fee
• Merchandise: 90% to artist, 10% platform fee
• Event tickets: 90% to artist, 10% platform fee

5.3 Payouts

Artists can request payouts when their balance reaches R500. Payouts are processed within 14 business days to South African bank accounts.

6. Purchases and Payments

6.1 Pricing

All prices are displayed in South African Rand (ZAR) and include applicable VAT where required. Artists set their own prices for downloads, merchandise, and tickets subject to platform minimums.

6.2 Payment Processing

Payments are processed through secure third-party payment processors. We do not store your complete credit card information. By providing payment information, you authorize us to charge your payment method.

6.3 Refunds

Digital content sales (downloads, streams) are generally non-refundable. Event tickets may be refunded according to the event's refund policy. Merchandise follows our standard return policy. See our Refund Policy for details.

7. Prohibited Activities

You agree not to:

• Upload content that infringes copyright or other intellectual property rights
• Share or distribute content obtained through the Service without authorization
• Attempt to circumvent any security measures or DRM protections
• Use automated systems (bots) to artificially inflate plays, views, or engagement
• Harass, abuse, or harm other users
• Upload malicious code, viruses, or harmful content
• Impersonate any person or entity
• Engage in any fraudulent or illegal activity
• Scrape, crawl, or collect data from the Service without permission

8. Content Moderation and Removal

We reserve the right to review, moderate, and remove any content that violates these Terms or our Community Guidelines. We may suspend or terminate accounts that repeatedly violate our policies.

Content may be removed for reasons including but not limited to copyright infringement, inappropriate content, spam, or violation of South African laws.

9. DMCA and Copyright Complaints

We respect intellectual property rights. If you believe content on our platform infringes your copyright, please submit a DMCA takedown notice to our designated agent:

Your notice must include all information required by the Digital Millennium Copyright Act. See our Copyright Policy for full details.

10. Disclaimers and Limitation of Liability

10.1 Service "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 Limitation of Liability

To the maximum extent permitted by South African law, Flam Tunes shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be resolved through arbitration in South Africa before resorting to litigation.

13. Contact Information