Effective Date : October 12, 2024
Anti-Fraud Policy
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At Oceanic Music, we are committed to maintaining integrity, transparency, and fairness in the music industry. We understand the critical importance of protecting artists, rights holders, and consumers from fraudulent activities that can undermine trust and sustainable growth in the music ecosystem. To this end, we have established a comprehensive anti-fraud policy designed to prevent, detect, and address any fraudulent or non-compliant activities associated with our services.
Purpose of the Policy
This policy outlines the measures we take to prevent fraud, the procedures we follow when potential violations are identified, and the consequences of non-compliance with our terms and industry regulations. Our goal is to foster a secure and fair environment for all participants in the music distribution process, ensuring that the rights of artists and the integrity of the industry are protected.
Warning System
To ensure fairness and provide our clients with the opportunity to correct any inadvertent non-compliance, we have implemented a two-step warning system. This system is designed to alert clients to potential issues and encourage corrective action before more severe measures, such as account termination, are considered. However, in instances of severe violations or actions causing significant harm to Oceanic Music or the music industry, we reserve the right to take immediate and decisive action, including termination of services.
Notification of Violations
otification of Violations
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Timely Communication: Oceanic Music will notify a client of any detected violation within three business days of its discovery or upon receiving a credible report.
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Detailed Information: Notifications will include specific details about the nature of the violation, evidence supporting it, and any immediate actions taken by Oceanic Music (e.g., content removal or temporary suspension).
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Communication Channels: Notices will be sent to the client's registered email address and will require acknowledgment of receipt.
Types of Violations
Violations that may lead to warnings or other enforcement actions include, but are not limited to:
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Intellectual property or trademark infringements:
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Unauthorized use of copyrighted material or trademarks without proper licensing or permissions.
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Uploading or distributing music, artwork, or content for which the client does not hold the necessary rights.
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Significant levels of artificial streaming:
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Engaging in practices that artificially inflate play counts, such as using bots, click-farms, or deceptive methods.
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Manipulating streaming metrics to misrepresent the popularity of content.
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Violations of streaming platform (DSP) terms of use:
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Activities that breach the terms and conditions set by digital service providers, including content guidelines and usage policies.
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Uploading prohibited content or engaging in fraudulent activities on DSPs.
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Violations of YouTube monetization policies:
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Uploading content that infringes YouTube's policies, including copyright violations or inappropriate content.
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Engaging in manipulative practices affecting monetization.
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First Warning
Purpose
The first warning serves as an initial alert to the client about identified irregularities or non-compliant activities associated with their account or sub-accounts. It is intended to:
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Raise awareness: Inform the client of specific issues detected.
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Provide opportunity for correction: Allow the client to address and rectify the problems without immediate severe consequences.
Offer guidance: Provide recommendations and resources to prevent future violations.
Client Responsibilities
Upon receiving a first warning, the client is expected to:
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Acknowledge receipt: Confirm receipt of the warning within five business days.
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Investigate: Conduct an internal review to understand the root causes.
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Implement corrections: Take immediate steps to correct the issues, such as removing infringing content.
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Report back: Provide a summary of actions taken to Oceanic Music.
Second Warning
Issuance Criteria
A second warning is issued when:
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Persistent non-compliance: The client fails to adequately address issues identified in the first warning, or new violations occur within 60 days.
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Severe violations: More serious breaches of policies or industry regulations that don't warrant immediate termination but are significant.
Purpose
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Emphasize urgency: Highlight the seriousness and need for immediate corrective action.
Final opportunity: Offer a last chance to comply before severe measures are considered.
Client Responsibilities
Following a second warning, the client must:
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Take immediate action: Cease all non-compliant activities.
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Develop an action plan: Collaborate with Oceanic Music on a plan to prevent future violations.
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Demonstrate compliance: Provide evidence of compliance and ongoing monitoring efforts.
Account Termination Review
Process
If violations continue after the second warning, or if the client fails to cooperate, Oceanic Music will initiate an account termination review:
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Collaboration attempt: Effort to establish a comprehensive action plan with specific goals.
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Monitoring period: Close observation of the client's adherence to the action plan.
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Evaluation: Assessment of compliance with agreed-upon goals.
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Termination decision: Right to terminate the account or restrict services at our sole discretion.
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Notification: Formal communication of the termination decision and any available appeal options.
Termination as Last Resort
Account termination is considered a last resort, implemented only when:
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All other efforts fail: Previous warnings and opportunities for correction have not resulted in compliance.
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Significant harm occurs: Immediate termination is necessary due to severe violations causing substantial harm.
Consequences of Fraudulent Activities
Potential Actions
In the event of a confirmed violation, the following measures may be taken:
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Content removal: Immediate removal of infringing or non-compliant content from all platforms.
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Service restrictions: Deactivation of access to specific DSPs or features.
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Account suspension: Temporary suspension pending investigation or corrective actions.
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Account termination: Permanent closure of the client's account and any sub-accounts.
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Legal action: Pursuit of legal remedies for damages resulting from fraudulent activities.
Financial Repercussions
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Fee deductions: Deduction of associated fees, including legal fees and fines, from future payments.
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Recovery of damages: Seeking additional compensation if damages exceed available amounts.
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Transparency and Fairness
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Detailed reporting: Clear statements of earnings, deductions, and fees.
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Separation of enforcement and payments: Ensuring compliance actions do not affect rightful earnings.
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Commitment to Artists
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Our approach balances the need to protect the integrity of our platform while preserving the rights and income of the artists we represent.
Additional Provisions
Definitions
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Client: Any individual or entity with a distribution agreement with Oceanic Music.
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End user/sub-account: Additional user accounts associated with the client.
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Digital service provider (DSP): Platforms where music is distributed (e.g., Spotify, Apple Music).
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Artificial streaming: Activities artificially inflating streaming numbers.
Reporting Violations
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Mechanism: Reports can be submitted via email to compliance@oceanicmusic.com or through our online form.
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Confidentiality: Reports are confidential, and reporter identities are protected.
Appeals Process
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Submission: Appeals must be in writing within 10 business days of the enforcement notice.
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Review: Conducted by Oceanic Music's compliance team.
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Decision: Communicated within 15 business days and is final.
Confidentiality and Data Protection
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Data handling: Compliance with our privacy policy and data protection laws.
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Use of Information: Information used solely for enforcing this policy.
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Security measures: Protection against unauthorized data processing.
Policy Updates
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Right to Modify: Oceanic Music may update this policy at any time.
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Notification: Significant changes will be communicated via email or our website.
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Effective Date: Changes are effective upon posting unless stated otherwise.
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Client Responsibility: Clients should review the policy periodically.
Conclusion
Oceanic Music is dedicated to maintaining a fair and equitable platform for music distribution. Our anti-fraud policy is essential in protecting the rights of artists, clients, and the integrity of the music industry. We appreciate our clients' cooperation in adhering to these policies and working with us to prevent and address any non-compliance issues.
Contact Information
For questions or concerns regarding this policy, please contact us at:
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Email: support@oceanicmusic.com
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Phone: +971 4 123 4567
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Address: Ocean FZCO Compliance Department
Dubai Silicon Oasis, DDP Building A2, Office 307
Dubai, United Arab Emirates