EARLY ACCESS - TERMS AND CONDITIONS
This agreement (the “Agreement”) has been entered into on this day (“Effective Date”) by and between you (hereinafter sometimes referred to as “you” or “Artist”) and Amuseio AB, (“Amuse”, “we” or “us”), a company incorporated in Stockholm, Sweden.
YOUR ACCOUNT AND GRANT OF RIGHTS
EARLY ACCESS. You are offered Early Access to your Estimated Royalties. If you accept this Agreement, you also accept the Early Access amount and the Fee, as further described below. Should there be any other rightsholders to the Music, you are in all respects responsible for paying any share of the Early Access to those rightsholders.
RIGHTS. You grant to Amuse, the exclusive worldwide right to collect your Revenues to Recoup the Early Access, as further described below.
AGREEMENT. This Agreement applies to you as an individual artist where you will receive an amount of money in advance for royalties generated from your Music (“Early Access”). The amount is based on the already generated streams of your existing Recordings on your Account (“Estimated Royalties”) and will be repaid by all Revenues (as further described below) generated from your existing Recordings (“Recoup”).
YOUR MUSIC. This Agreement applies to all recordings already uploaded on your Account as of the Effective Date (the “Music”).
REVENUES AND FEES
REVENUES. The Revenues shall be defined as all monies actually received from all sources by us from the exploitation of the Music, including but not limited to, digital streaming and downloads less any withholding taxes, bank and currency fees and VAT as applicable (“Revenues”). The Early Access and the Fee will be fully Recoupable against any Revenues earned for the Music as otherwise payable to you hereunder.
FEE. By accepting this Agreement you agree that Amuse will charge a Fee to your Account (the “Fee”). The Fee will be presented to you on your Account. The Fee is Recoupable from any Revenues received for the Music, in addition to the Early Access amount paid out to you.
BANK FEES. Any applicable bank fees, exchange rates etc. in regards to the payout of the Early Access to you, shall be paid in whole by you.
TAX. You are in all respects responsible and liable for any and all tax impositions such as social security contribution etc, as applicable in your country.
TERM AND LICENSE PERIOD
TERM. The Term of this Agreement shall commence on the Effective Date and end when the Early Access and Fee have been fully Recouped (“Term”). After the expiration of the Term, all rights granted under this Agreement shall revert back to you.
TERMINATION AND BREACH
TERMINATION. This Agreement terminates in whole after the Term. Amuse may terminate the Agreement during the Term, if Amuse believes, in Amuse’s good faith discretion, that you are infringing the intellectual property rights of third parties and/or engaging in otherwise fraudulent or forced streaming activity.
WARRANTIES AND MISCELLANEOUS
You are not under any disability, restriction or prohibition to enter into this Agreement and grant the rights under this Agreement.
You are who you say you are, the owner and copyright holder of the Music and you possess the full power and authority to enter into and perform under the Agreement.
The Music is original to you except for material in the public domain and such excerpts from other works as may be included with the written permission of the copyright owners.
Proper clearances or permission have been obtained from rightsholders of any copyrighted material, including but not limited to any digitally reprocessed samples of material incorporated in the Music,
Your use of any name or artwork, is not infringing on the rights of others,
Your use of any musical composition or arrangement is not infringing on the rights of others.
You are responsible and liable for your completion and fulfilment of this Agreement.
You have not entered into any agreement which may conflict with this Agreement.
Moreover, you agree and warrant that you shall not, in any way, conduct any forced activity or systematic listening.
You agree that you are solely responsible for (and that Amuse has no responsibility to you or to any third party for) any breach of your obligations under the Agreements and for the consequences of any such breach.
Should you not perform your obligations under this Agreement or breach any of the above, you are liable for, and shall pay back, such costs, expenses, Early Access and losses incurred or paid by Amuse.
RELATIONSHIP. Nothing in this Agreement will be construed to create a partnership, joint venture, franchise, fiduciary, employment or agency relationship between the Parties.
YOUR ACCOUNT. You hereby acknowledge and agree that you have (a) provided true, accurate, current, and complete information when you created an Account, and that you will (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your password and for restricting unauthorized access to your computer, and you hereby accept sole responsibility for all activities that occur under your Account.
THIS IS PROVIDED BY AMUSE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AMUSE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AMUSE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE AND/OR SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS; (II) THAT THE SITE AND/OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE AND/OR SERVICE; OR (IV) THAT THE SITE AND/OR SERVICE, AMUSE SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF AMUSE , ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
This Agreement shall be governed by the laws of Sweden and any dispute regarding this Agreement shall be submitted to the exclusive jurisdiction of the District Court of Stockholm, Sweden.