FAST FORWARD - TERMS AND CONDITIONS
FAST FORWARD. You are offered an Advance for the distribution of your Music. If you accept this Agreement, you also accept the Advance. The Advance shall be recoupable from any Revenues Amuse will receive for the Music, as further described below. Should your Advance not Recoup from the Revenues your Music may generate, you are not obliged to pay back the Advance. Should there be any collaborators to the Music, you are responsible for paying any share of the Advance to the collaborators.
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
RIGHTS. You grant to Amuse, the exclusive worldwide right to distribute your Music during the Term, and collect your Revenues to Recoup the Advance, as further described below.
AGREEMENT. This Agreement applies to you as an individual artist in which you will receive an amount of money in advance for your Music. The amount is based on the performance of your existing Recordings on your Account (“Estimated Royalties”) and will be repaid by all Revenues generated to your Account, both for pre-existing and future Music (“Recoup”). When adding New Music, as further described below, any Revenues received for the New Music, will count towards Recouping the Advance. You are not, however, obligated to add or keep New Music on your Account.
YOUR MUSIC. This Agreement applies to all tracks already uploaded as of the Effective Date (“Existing Music”) as well as future tracks uploaded through your Account (“New Music”) (jointly referred to as the “Music”). You may not remove the Existing Music or in any way disable your Account during the Term. Amuse has the right to keep your Existing Music available on all Stores during the Term. This does not, however, apply to New Music.
SPLITS. If you have added or received splits on your Music, your share of the Revenues on these splits may be included in the calculation of the Advance. You may not edit your splits or other collaborator’s splits until the Advance and Fee is Recouped.
REVENUES AND FEES
REVENUE. 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 and VAT as applicable (“Revenues”). The Advance and Fee will be fully Recoupable against any Revenues earned for the Music as otherwise payable to you hereunder.
ADVANCE. The Advance consists of the Estimated Royalties as well as the deduction of the Fee (the “Advance”).
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.
BANK FEES. Any applicable bank fees, exchange rates etc. in regards to the payout of the Advance to you, shall be paid in whole by you.
TAX. You are responsible 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 Advance and Fee has been fully Recouped (“Term”).
After this Agreement and the Term has been terminated, all rights granted under this Agreement as well as your Account and royalty share 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 the artists of any copyrighted material, including but not limited to any digitally reprocessed samples of material incorporated in the Music,
You will not transfer any rights to the Music (including for the avoidance of any doubt, artwork, videos and other material as the case may be) granted under this Agreement to Company, to any third party during the License period, nor or reproduce any of the Music other than through Company,
Your use of any name or artwork, will not infringe on the rights of others,
Your use of any musical composition or arrangement will not infringe 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 the Agreement.
Moreover, you agree and warrant that you shall not, in any way, conduct in 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 (including any loss or damage which Amuse may suffer) 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, Advance 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.