Article 1: Definitions & Concepts
Seller: Explicit Promotions
Client: Person or party who has purchased a service on www.explicitpromo.com, or has paid an invoice which is coming from Explicit Promotions, LLC.
Playlists: Lists on Spotify which include tracks and are followed by a certain amount of people.
Campaign: Service where 1 or more playlists are used to promote a track, by having the specific track featured in 1 or more lists.
Delivery Time: This is the amount of days which Explicit Promotions is using to strive to receive playlist placements for the Client.
Follower Size: Amount of followers which are following 1 or more playlists. This is the total amount of 1 or more playlists together where the Seller is getting paid for.
Article 2: How does it work?
We do not pay playlists to get placements. We have a large infrastructure of curators, who allow us to pitch songs to them based on genre and style. With this network, we are able to guarantee that you will get your song on playlists which will generate, at minimum, the amount of streams you would expect from your campaign size. We will continue to do this until the campaign has reached its intended number of streams. The entire network is grown organically, there is NO use of automation or bots. Guaranteed.
Article 3: Delivery Time
The Delivery Time is starting at the moment that Explicit Promotions has personally responded on the Order Confirmation email towards the Client, with proof of starting the campaign. This proof comes in the form of screenshots, URLs of playlists, Excel documents, 1 or multiple DropBox URLs and/or 1 or multiple other Cloud hosted documentation.
The Starting point of the Delivery Time should not be confused with the automatic order reply. The automatic order reply is the email you receive directly after a successful order and payment. Clients will receive the personal response from Explicit Promotions after receiving the automatic order reply normally within 3 days.
Article 4: Limitation of Liability
Subject to Article 6 Explicit Promotions shall not in any circumstances be liable to the Client in respect of any: loss of profits; or loss of contracts; or loss of revenue or goodwill; or type of special, indirect or consequential loss, business interruption or loss of or damage to business information or data whether in contract, tort (including but not limited to negligence) or otherwise and whether or not suffered as a result of an action brought by a third party, even if such loss was reasonably foreseeable or the Client had been advised at any time of the possibility of the Client incurring the same.
For the avoidance of doubt, Explicit Promotions shall not be liable to the Client or be deemed to be in breach of these Terms of Business by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Business, if the delay or failure was due to any cause beyond Explicit Promotions’s control, due to any instructions given by the Client or in any delay caused by the Client.
Explicit Promotions shall not be responsible in contract or in tort (including, but not limited to, negligence) or otherwise for the unauthorized access to, or alteration, theft or destruction of emails, files, programs, or information of the Client by any person (other than Explicit Promotions) through accident or by fraudulent means or devices where Explicit Promotions has exercised that degree of skill, diligence, prudence and foresight which, as at the relevant time, would reasonably and ordinarily be expected from a skilled and experienced supplier of information technology services seeking in good faith to comply with its contractual obligations in providing the Services to prevent such activities.
Explicit Promotions shall have no liability if Third Party Products breach, infringe or make unauthorized use of any third party rights, save to the extent that Explicit Promotions knew, or should reasonably have known, of such infringement or unauthorized use at the time it sub-licensed such Third Party Products to the Client.
Save as expressly set out herein all conditions, warranties, terms and undertakings express or implied statutory or otherwise (including, without limitation, as to fitness for purpose or satisfactory quality) in respect of the Services or any products provided pursuant to the Services are hereby excluded except to the extent to which it is unlawful to exclude such liability.
Nothing in these Terms of Business shall confer any right or remedy upon
the Client to which it would not otherwise be entitled.
The limitations and exclusions of liability in these Terms of Business shall survive termination of these Terms of Business.
Article 5: Refunds
The Client is authorized to comply for a full refund at the moment that their campaign has not been started yet. This means the client has not received a personal confirmation email yet from one of the Explicit Promotions team members.
If you are not satisfied with your campaign after it has started, you can request a partial refund or request a playlist change, be it similar or not. Explicit will refund the difference of your package less the amount of streams delivered. Refunds must be requested before the campaign goal is met, or within 14 days of campaign activation, whichever occurs first. Campaign activation is not purchase confirmation, but confirmation of playlist placement. Explicit Promotions will not refund campaigns after the campaign is complete.
Article 6: Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Explicit. Promotions without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Article 7: Indemnity
You agree to indemnify, defend, and hold harmless Explicit. Promotions, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Article 8: Waiver of Remedies
No forbearance, delay or indulgence by either party in enforcing the provisions of these Terms of Business shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
Article 9: 10 Days of Reflection Time
Explicit Promotions is getting 10 days of reflection time. This means Explicit Promotions is in their right to refuse / deny any track for a Campaign. These 10 days start from the moment Explicit Promotions has received the payment for a specific campaign. Due to having access to a wide network of Spotify curators in many genres, this normally doesn’t happen.
Article 10: Response
Once you order, you agree to wait from 24 to 72 business hours for an email from us. There will be no emails sent out on weekends. (Friday after 5PM PST to Monday 8AM PST). If we don’t email you within 72 hours, we are probably working on other orders. In this situation, feel free to email for a status update.
Article 11: Marketing Communications
By using any contact forms at www.explicitpromo.com you agree that contact forms may be used to collect your email address, your personal name and your customized data for email marketing purposes. You can unsubscribe anytime, or adjust your preference anytime you receive an email. Email addresses can be used for external marketing purposes beside email marketing alone, like Facebook advertisement.
Article 12: Marketing Purposes
By using any service of Explicit Promotions, you agree to the fact that your campaign may be used for marketing purposes.
Clients need to submit a Spotify track URL or URI which is available worldwide. If they don’t, Explicit Promotions has the right to hold the payment until the track is published worldwide. If clients do not submit a song which is available worldwide, Explicit Promotions will normally give a refund within 31 days after the song has been submitted and the payment has been made, although Explicit Promotions is not obligated to do so. If the campaign has started already, the terms of article 5 apply.
Article 13: Governing Law
The laws of Nevada shall be applicable on these terms and conditions.
Article 14: Non-Affiliation Disclaimer:
This website is not endorsed by, directly affiliated with, maintained, authorized, or sponsored by Spotify, YouTube, TikTok, Instagram, Apple Music, or SoundCloud. All product and company names are the registered trademarks of their original owners. The use of any trade name or trademark is for identification and reference purposes only and does not imply any association with the trademark holder of their product brand.