6841 Forest Hill Ave Unit 110, Richmond, VA 23225
+1 571-547-2607
Open Hours : Mon-Fri 10:00AM – 4:30PM

Effective Date: Current Day & Year

Terms & Conditions

Introduction

We are Nero Sol Records (“we,” “us,” “our”), a company registered in the State of Virginia, USA. We operate the Nero Sol Records website (the “Platform”) and act solely as a service provider for any and all services advertised on our Platform. Please read these Terms and Conditions carefully, as they form a legally binding agreement governing your use of our Platform. We also ask that you review our accompanying Privacy Policy, which describes how we collect, use, and share your personal data.

Our Platform allows independent artists, bands, DJs, labels and music rightsholders (collectively, “Creators”) to upload their artwork, music, and metadata for the production of physical album releases in the vinyl format, referred to here as “Fan Products.” We coordinate fan transactions, receive and process payments, and arrange manufacturing and delivery through our partners. We refer to these overall services as our “Creator Services.” By using our Creator Services, you acknowledge that you are acting in the course of business or trade and not as a consumer. Specific terms for Creator Services and Fan Products appear in Annex A and Annex B, respectively. Even if you do not purchase or use these products or services, these Terms still apply to you.

1. Your Use of Our Platform

  1. Platform Availability We do not guarantee that our Platform, or any content within it, will always be available or run without interruption. We may suspend, withdraw, or restrict its availability for operational or business reasons, though we will attempt to provide reasonable notice.
  2. User Responsibilities You must ensure that anyone accessing our Platform through your internet connection agrees to and complies with these Terms and any other applicable terms.
  3. Account Registration Upon approval of your submission, Nero Sol Records will create, maintain, and manage an account on our partners’ platform for the purpose of launching and administering your release (i.e., the submitted Intellectual Property). If you choose (or are required) to register on our Platform directly, you must provide truthful, accurate, and complete information. We may immediately deactivate any account found to contain false or incomplete details. Do not impersonate a third party or adopt an account name that infringes another’s rights without proper authorization. You are solely responsible for all activities occurring under your account; therefore, please protect your password. If you suspect any unauthorized access, notify us promptly. We reserve the right to disable or close any account in the event of noncompliance.
  4. Intellectual Property All content and materials on our Platform belong to us or our licensors and are protected by copyright law worldwide. You must not reproduce, distribute, or otherwise use our content for commercial purposes not permitted by these Terms, unless you obtain express written consent.
  5. Prohibited Activities You must not conduct or facilitate any text/data mining or web scraping on our Platform. Our Platform may contain links to external sites or resources for informational purposes, but such links do not imply endorsement or approval of those sites.

2. Our Liability

  1. Consumers If you are a consumer, we are liable for losses caused by our breach of these Terms unless those losses are unforeseeable, delayed by events beyond our control, avoidable by reasonable measures, or related to business usage.
  2. Business Users (Including Creators)
    • We exclude all terms implied by sections 13 to 15 of the UK Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
    • We accept no liability for indirect or consequential losses, including lost profits, arising under or in connection with any contract between us.
    • Our total liability for all other losses, whether in contract, tort (including negligence), or otherwise, shall not exceed the higher of £100 or 100% of the royalties paid to you in relation to the Creator Services.
  3. Exclusions Nothing in these Terms excludes or limits our liability for:
    • Death or personal injury caused by our negligence (or that of our employees, agents, or subcontractors);
    • Fraud or fraudulent misrepresentation;
    • Breach of implied terms under section 12 of the UK Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
    • Defective products under the UK Consumer Protection Act 1987; or
    • Any matter for which it is unlawful to exclude or limit liability.

3. Governing Law

  1. Consumers If you are a consumer, these Terms (including non-contractual disputes) are governed by the laws of the United States of America and England. Both we and you submit to the exclusive jurisdiction of the courts of Virginia (USA) or England and Wales, except that if you reside in Northern Ireland or Scotland, you may bring proceedings there.
  2. Business Users (Including Creators) If you are a business user or Creator, these Terms (including non-contractual disputes) are likewise governed by the laws of the United States of America and England, and we both agree to submit to the exclusive jurisdiction of the courts of Virginia (USA) or England and Wales.

4. A Few Final Legal Points

  1. Assignment We may transfer our rights and obligations to another entity. You will be informed if that occurs, and the new entity will fulfill these obligations. You may transfer your rights only if we agree in writing.
  2. Termination We may terminate these Terms immediately by written notice if you materially breach them and fail to remedy such breach within seven (7) days. Termination does not affect any accrued rights.
  3. Third-Party Rights No one besides you, our partners or us has any right to enforce these Terms.
  4. Severability If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain effective.
  5. No Waiver Any delay or inaction on our part in exercising our rights does not waive those rights.
  6. Entire Agreement (Business Customers) If you are a business customer, these Terms represent the entire agreement between us regarding your use of our Platform and our Creator Services. You acknowledge that you have not relied on any prior statements or representations not contained in these Terms.

Annex A: Fan Products

These terms apply to consumers purchasing Fan Products.

  1. Consumer Rights Fan Products are custom-made per order. Unless otherwise required by law, you do not have a right to return or refund due to change of mind. Goods must, however, be as described, fit for purpose, and of satisfactory quality under consumer law. If you believe your product fails these standards, let us know.
  2. Purchasing
    • We will confirm receipt of your order and inform you upon dispatch. Your order is not confirmed until we notify you.
    • We reserve the right to reject orders where logistical or technical constraints apply. If that happens, we will inform you and either refrain from charging or refund your payment in full.
    • We provide all relevant details (price, delivery method, dispatch times) during checkout.
    • We bear no responsibility for delays caused by external factors beyond our control.
    • We may terminate a contract for Fan Products and seek damages if you fail to pay on time or do not supply requested information.

Annex B: Creator Services

These terms apply to Creators using our Platform to offer content for production and sale as Fan Products.

  1. Using the Creator Services
    • The Creator Services are intended for business or professional use. If you are acting on behalf of an organization (e.g., band, label), you warrant that you have authority to bind it and anyone else you represent.
    • We may change or replace any Creator Services terms at any time, posting notice on the Platform. Your continued use constitutes acceptance. We may also limit or suspend your access to Creator Services without liability.
    • We provide the Platform “as is,” without warranties of any kind, whether express or implied (including merchantability, fitness for a particular purpose, or non-infringement). We do not guarantee uninterrupted service or that the Platform is free of errors or viruses.
    • Nominal Service Fee: We charge a nominal $300 fee to facilitate on-demand vinyl production. Payment may be made in full or in part initially, with any balance due before final production.
  2. Content Requirements You must supply all artwork, music, metadata, and other materials (“Content”) needed for your Fan Products. You must own or have the rights to any Content you provide. Unauthorized use of protected material may result in termination, legal action, and destruction of your products with no refund. We may remove or modify Content at our sole discretion for any reason.
  3. Pricing and Payment Our partners control pricing for your Content, though we may suggest price ranges. We handle payment processing, collection, and refunds through third-party services under separate terms, which you must accept.

https://stripe.com/payment-terms/legal

  1. Rights to Your Content
    • You may remove Content from our Platform at any time, but we may complete existing orders.
    • We may remove Content for noncompliance with these Terms.
    • Our partners will obtain necessary mechanical licenses for cover songs via PRS for Music and/or MCPS if applicable.
    • By uploading Content, you grant us a non-exclusive, worldwide, royalty-free license (including sublicense rights) to reproduce and distribute your Content in physical formats, and to promote both it and your Creator identity. You retain ownership of your Content outside of these license terms.
  2. Representations and Warranties
    • You hold all necessary rights to the Content you upload.
    • You will not misrepresent or impersonate any individual or entity.
    • The mechanical reproduction licenses for your Content can be obtained at standard rates.
    • No royalties or fees beyond those stated by us are due for authorized use of your Content.
    • Your Content does not infringe the rights (including intellectual property or privacy rights) of any third party.
    • All contributors have granted consent for their inclusion in your Content.
    • Your Content is lawful and will not incite hatred, violence, or illegal acts.
    • You indemnify us against any claim arising from or related to your Content.
  3. Platform Security We do not guarantee the Platform is free from viruses or security threats. You are responsible for using suitable protection. Attempting to hack or misuse our Platform may be a criminal offense.
  4. Payment to Creators
    • Subject to compliance with these Terms, you earn a portion of net revenue (less taxes, fees, refunds) from sales of Fan Products using your Content on our Partners’ Platform. The share of revenue may be adjusted by us on a prospective basis from time to time after providing you with reasonable notice either through the Platform or by other written means or email.
    • Current revenue-share tiers:
      • 20% for up to 500 units per Release
      • 25% for over 500 units per Release
      • 30% for over 1,000 units per Release
      • Alternatively, we can deduct 23.33% to 25% from the total payment of a fan’s purchase.
      • For example, your 12” vinyl retail price is $50.00 and $10.00 for shipping ($60 gross profit), your PayPal revenue will be $46 (23.33%). You will pay us $36.00 for manufacturing and $10.00 for shipping for a total expense of $46.00. Your net payout will be $14.00.

Different versions of a Release includes vinyl, bonus edition vinyl, different artwork edition. That means for the first 500 units of all combined versions, you will be earning 20%. From 501 to 1,000 units, you will be earning 25%. For example, if you sold 200 vinyl records and 400 bonus edition vinyl records to date, every new sale would be on the 25% tier. Premium or Deluxe categories may add bonus percentages of 10 to 20 percent. Premium or Deluxe categories may add bonus percentages of 10 to 20 percent.

  1. Termination

These Terms and Conditions represent the entire agreement between Nero Sol Records and you, the Creator, with respect to our Creator Services and Fan Products. For questions, please contact us.

Last Updated: 3/8/2025