Privacy Policy

Providing our Service requires collecting and using your information. The Privacy Policy explains how we collect, use, and share information across Erika Digital Records. It also explains the many ways you can control your information, including in the Erika Digital Records Privacy and Security Settings. By agreeing herein you also agree to the Erika Digital Records Privacy Policy.

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who Can Use Erika Digital Records

• You must be at least 13 years old.
• You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
• We must not have previously disabled your account for violation of law or any of our policies.
• You must not be a convicted sex offender.

How You Can’t Use Erika Digital Records

Providing a safe and open Service for a broad community requires that we all do our part.

• You can’t impersonate others or provide inaccurate information. You don’t have to disclose your identity on Erika Digital Records, but you must provide accurate and up‑to‑date information (which may include personal data). You may not impersonate someone or create an account for someone else without their express permission.
• You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can’t violate (or help others to violate) these Terms or our policies, including the Erika Digital Records Community Guidelines, Erika Digital Records Platform Terms and Developer Policies, and Music Guidelines. If you post branded content, you must comply with our Branded Content Policies.
• You can’t interfere with or impair the intended operation of the Service, including misuse of reporting, dispute, or appeals channels.
• You can’t attempt to create accounts or access or collect information in unauthorized ways, including automated means without express permission.
• You can’t sell, license, or purchase any account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your account; solicit or use others’ credentials; or misappropriate access tokens. You can’t post someone else’s private or confidential information without permission or violate others’ intellectual property rights.
• You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
• You can’t use a domain name or URL in your username without our prior written consent.

About Intellectual Property

Erika Digital Records is committed to helping people and organizations protect their intellectual property rights. The Erika Digital Records Terms of Use do not allow posting content that violates someone else’s intellectual property rights, including copyright and trademark.

Copyright

Copyright protects original works of authorship (e.g., books, music, film, art). Generally, it protects original expression such as words or images, not facts and ideas.

Trademark

A trademark is a word, slogan, symbol, or design that distinguishes the source of goods or services. Trademark law seeks to prevent consumer confusion.

Permissions You Give to Us

• We do not claim control of your content; you control all of it, but you grant us a license to use it to operate the Service. This non‑exclusive, royalty‑free, transferable, sub‑licensable, worldwide license covers hosting, use, distribution, modification, running, copying, public performance/display, translation, and derivative works, consistent with your privacy and application settings. The license ends when your content is deleted from our systems.
• Permission to use your username, profile picture, and information about your relationships and actions may be required for certain features; nothing herein allows us to show them next to ads/sponsored content you follow or engage, unless otherwise agreed.
• You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

• If you select a username or similar identifier, we may change it if appropriate (e.g., infringement or impersonation).
• When you use our IP we make available (e.g., images, designs, videos, sounds), we retain all rights to our content.
• You may use our trademarks or similar marks only with our express prior written permission.
• You must have permission or an open‑source license from us to modify, create derivative works of, decompile, or extract our source code.

Content Removal and Disabling or Terminating Your Account

We may remove content or information you share if it violates these Terms, our policies, or where permitted/required by law. We may refuse or stop providing the Service, terminate or disable access, remove/block content, or change the Service where necessary. Deletion timelines and exceptions apply, including technical limitations, legal obligations, safety/security, and investigation needs. Content may persist in backups for up to 90 additional days after deletion.

Exceptions to 90‑Day Deletion

• Content used by others under this license and not yet deleted.
• Technical limitations delaying deletion, in which case deletion will occur as soon as feasible.
• Where deletion would restrict our ability to investigate/identify violations, protect safety/security, comply with legal obligations or requests by authorities. Retention will be no longer than necessary.
• If your account is deleted/disabled, certain sections survive termination.

Our Agreement and What Happens if We Disagree

• Your use of music is subject to our Music Guidelines; API use is subject to the Erika Digital Records Terms of Use and Developer Policies. Additional features may require agreeing to additional terms.
• If any part of this agreement is unenforceable, the rest remains in effect. Amendments/waivers must be in writing and signed by us. We reserve all rights not expressly granted.

Who Has Rights Under this Agreement

• Our affiliates and agents (including Erika Digital Records Corporation) may invoke our rights. No third‑party rights otherwise.
• You cannot transfer your rights/obligations without our consent. Our rights/obligations may be assigned, including upon a change of ownership.

Who Is Responsible if Something Happens

• The Service is provided “as is,” without warranties to the extent permitted by law.
• We are not responsible for what others do or say, or for third‑party services/features accessed through the Service.
• Our liability is limited to the maximum allowed by law and in any case not more than the greater of $100 or the amount you paid us in the past twelve months.
• You agree to defend, indemnify, and hold us harmless from claims arising out of or connected with these Terms or your use of the Service.

How We Will Handle Disputes

• Except as provided, disputes must be resolved by individual arbitration; no class actions/arbitrations.
• Small claims court is permitted where allowed. Otherwise, AAA Consumer Arbitration Rules apply; jury trial is waived.
• IP disputes, Platform Policy violations, and unauthorized access efforts may be brought in court. Scope/enforceability of arbitration is for a court to decide. Governed by the FAA.
• Before arbitration, send a written Notice of Dispute including your details, description, and requested relief.
• Non‑arbitrated claims must be brought exclusively in the U.S. District Court for the Southern District of California or state court in Orange County; California law governs where not preempted.

Unsolicited Material

We appreciate feedback and suggestions, but may use them without restrictions or obligation and are under no obligation to keep them confidential.

Updating These Terms

We may update these Terms to reflect changes to our Service and policies. We will notify you before changes take effect when required. Continued use after the effective date constitutes acceptance. If you do not agree, you may delete your account.

Effective Date: May 1, 2025