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Terms of use

1. INTRODUCTION

Thank you for choosing Amuse (“Amuse”, “we”, “us”, “our”). By signing up to or otherwise using the Amuse platform, app, service, websites, and software applications (together, the “Amuse Service” or “Service”), you are entering into a binding contract with Amuseio AB, a Swedish based company with Swedish registration number 559036-7016.

Your agreement with us includes these Terms of Use (“Terms of Use”), our Privacy Policy, and relevant supplemental terms (“Supplemental Terms”) that apply to your interaction with each specific Service (collectively the “Agreements”). Please read these documents carefully. You acknowledge that you have read, understood and accepted these Agreements and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements that apply to the services with which you interact, then don’t access or use the Amuse Service.

In order to access and use the Amuse Service, you need to be at least 16 years old and have the power to enter a binding contract with us and not be prevented from doing so under any law. If you are under 16, you must be able to provide proof of your guardian’s consent. You also promise that the information you submit to us is true, accurate and complete, and you agree to keep it that way at all times.

If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and bind the entity to the Agreements, and that you agree to the Agreements on the entity’s behalf.

2. DEFINITIONS

Recordings” shall mean any and all audio recordings that you submit to Amuse by uploading through the Services.

Stores” shall mean any and all, now known or future, digital Internet consumer stores (such as Spotify, Deezer, iTunes and Amazon etc.), and/or any other digital retailers of music which Amuse has, from time to time, entered into an Agreement with.

Metadata” shall mean the the music metadata, the information embedded in an audio file that is used to identify the content. This includes, but is not limited to, track title, band or artist name, type of music, label and the year the track was released.

Territory” shall mean the world or specified applicable territory.

3. GRANT OF RIGHTS

You grant us the right to sell and make use of your recordings for digital downloads, interactive and non-interactive streaming, cloud services and streaming-on-demand services. This grant of rights does not, however, constitute a transfer of ownership.

By using our Services you grant us, during the Term and throughout the Territory,

  • The exclusive right to make your Recordings available on the Internet and without limitation, on all Stores and any other similar digital media for sale by downloading, interactive and non-interactive streaming, cloud services and streaming-on-demand or now known or hereinafter devised, similar means of making use of the Recordings.
  • The right to sell, make sales promotion clips of, copy and otherwise, to the extent necessary under this Agreement, make use of and alter the Recordings and Metadata, by all means and media, of which you submit to Amuse, through any and all Stores now available and operational and also the right to sublicense or otherwise transfer such rights to the Stores.
  • The non-exclusive right to use your name(s), photographs, likenesses, cover artwork, biographical and other information attributable to you, which you have submitted to Amuse.
  • The right for Amuse to sublicense or otherwise transfer the above rights to any and all Stores.

The above does not constitute a transfer of ownership to any of the material you have uploaded or submitted to Amuse.

Any and all rights granted to us above, are granted on a royalty-free license basis. This includes the use of any lyrics of the Recordings, if you have submitted any.

4. YOUR AMUSE ACCOUNT

In order to access certain features of the Service, you must create and/or sign into a user account (“Amuse Account”) of your own. Creating an account is completely free. Use of another’s account is not permitted. When creating your account, you must provide accurate and complete information.

You are solely responsible for the activity that occurs in your Amuse Account. You are also responsible for maintaining the security of your account password, as well as the passwords of any third party services that you may have elected to link to your account.

Please review our fully transparent Privacy Policy for information regarding security, confidentiality, and what we do with the data you provide us.

We will always make a reasonable effort in ensuring that our Services are available. Should the Services be interrupted in any way, we will make a reasonable effort to correct the interruptions without delay. We are, however, not liable for any errors, delays or interruptions that might occur.

5. YOUR MUSIC, MATERIALS AND INFORMATION

When you upload your Recordings through our Services, you are asked to submit Metadata as well as cover artwork for use on the Stores. You submit the Recordings, cover artwork and any other information and material at your own expense and in formats required for use on the Stores.

You are fully responsible for everything you submit to us. If we find it unsuitable, we reserve the right to, in our sole discretion, remove the information and/or prevent you from using our Services and/or any or all Stores.

6. ROYALTIES AND PAYOUTS

You keep 100 % of your royalties earned, with the exception of any applicable taxes due from you by law and any payment, currency exchange and banking fees charged by the payout method. You are to every extent responsible for paying any other rights holders that you might (producer, featured artist etc.) have and any applicable taxes according to the tax laws of your country.

You agree that your royalties are subject to the conditions and pro rata provisions as agreed in each agreement Amuse has entered into with the Stores. The price is determined by us and the Stores, in our sole discretion.

The Stores report your earned royalties to us. Royalties will be credited to your Amuse Account monthly. The royalties refer to previous months as reported to us by the Stores, after we’ve received payment from the Stores. Each Store has their own timeline delay of reporting your earned royalties, usually between 2-3 months. When royalties have been credited to your account, you are able to request to withdraw the money. Do note that due to the reporting delay, you will not receive any royalties during your first month(s) until Amuse has received the first reports from the Stores.

The minimum amount you can pay out is 10 USD and cannot be paid out in parts. The payout process takes about 3-5 business days. We will do our best to comply with this.

The payout method used is PayPal. You must hold a PayPal account to be able to receive your royalties earned. Amuse reserves the right to add and change method of payout. If your PayPal account information has changed, it is your responsibility to inform Amuse about the changes. We reserve the right to withhold a payout should we suspect that the PayPal information is incorrect or that an unauthorised person has accessed your account.

Should a Store report the wrong amount, however great, of royalties that you have earned, Amuse reserves the right to retroactively amend this.

7. STORES

We have entered into agreements with different Stores for the purpose of distributing your Recordings. You may choose the Stores you want your Recording to be delivered to. The agreements that Amuse enter with the Stores shall determine the terms on which your Recordings are sold or made available. It might vary from time to time, which Stores Amuse has entered into agreement with. Therefore, Amuse cannot guarantee the sale and/or exploitation of the Recordings in any particular Store. Amuse assumes no liability if your Recordings are not made available in a particular Store.

Amuse assumes no liability for any interruptions, delays, errors or any suspensions of access, reports or payouts, in the Stores, neither in whole nor in part.

When you upload your Recordings and Metadata through the Service, we will send your Recording to the Stores. You can set a date for the release of your Recording. However, each Store determines the delivery time for the distribution of your Recordings. We do not assume liability for the delivery times of the Stores.

8. PROHIBITED USE AND INFRINGEMENT AND REPORTING OF CONTENT

You may not in any way use our Services for any unlawful purpose or for the following reasons.

  • In any way that is or have the purpose of being unlawful or fraudulent.
  • For the purpose to harm or attempt to harm any other person in any way

You may not upload any Recordings or Materials which may.

  • Contain hateful, racist or inflammatory material.
  • Promote sexually explicit or violent material.
  • Promote discrimination based on race, religion, nationality, disability or sexual orientation.
  • Promote, advocate or assist in any illegal activity.
  • Threaten, harass, upset or alarm any other person or invade on their privacy.
  • Impersonate any person.

Amuse reserves the right to, in its sole discretion, determine if a Recording or if you have breached the above or any other section of the Agreements. If we find that a breach has been made, we take such and any action we deem appropriate. We might, but not limited to, temporarily or permanently remove your account and any Recordings or material uploaded through our Services, without notifying you.

9. THIRD PARTY APPLICATIONS

The Amuse Service may be integrated with third party applications, websites, and services (“Third Party Applications”) to make the Services available to you. These Third Party Applications may have their own terms and conditions and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Amuse does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

10. YOUR USE OF THE AMUSE SERVICE

The Amuse Service may be used and accessed solely for lawful purposes. You agree to abide by all applicable laws and regulations in connection with your use of the Service. You agree and warrant that you will not use the Amuse Service to transmit, distribute, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

Your Amuse Account shall be used solely by you and may not be transferred or shared with any third-party. You acknowledge that you are exclusively responsible for all usage or activity on your Amuse Account. You shall immediately notify Amuse of any breach of security or unauthorized use of your Amuse account. Any fraudulent, abusive, or otherwise illegal account activity shall constitute a basis to terminate your account. You agree to indemnify Amuse against any liability and costs arising from such improper use of your Amuse Account.

11. YOUR LIABILITY AND WARRANTIES

You agree and warrant that you will not distribute, transmit or store any files or material that might infringe copyrighted works. You also agree that you will not promote violation of third party’s intellectual property rights. If you do, you acknowledge that Amuse may at any time, and in its sole discretion, remove your Recordings, disable access to the Services without notifying you and withhold any royalties assignable to the Recordings that are an infringement of copyrighted work, violates third party rights, or is subject to forced activity.

You also agree that:

  • You are not under any disability, restriction or prohibition to enter into the Agreements and grant the rights under the Agreements.
  • You are responsible for all the Recordings and other materials and information uploaded through the Services.
  • You are the owner or legally represent the owner of the Recordings and the materials and that you possess full power and authority to enter into and perform under the Agreements.
  • You have not entered into any agreement which may conflict with the Agreements.
  • You have obtained all applicable and relevant consents and rights from, but not limited to, any owners, artists, musicians, producers, other persons and companies involved in the production of the Recordings.
  • You have, in the case of a cover version (a recording of a song/lyric for which you are not the author or owner) obtained all relevant consents for such use, and be able to present this consent to us.
  • The Recordings are original and does not contain any samples which have not been cleared or else infringe upon the right of any person or third party.
  • You shall not commit any act which might damage the reputation of Amuse or might inhibit, restrict or interfere with the exploitations of the Recordings.
  • If you’re not the artist/owner of the Recordings, you have a valid and presentable agreement with the Artist that grants you all the rights to enter into this Agreement.

Moreover, you agree not to:

  • distribute, alter or modify any part of or parts of the Service;
  • circumvent any technology used by Amuse, its licensors, or any third party to protect the Service or any content on the Service;
  • sell, rent, sublicense or lease any part of the Service;
  • provide your password to any other person or using any other person’s username and password;
  • “crawl” the Service or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from Amuse and its Services;
  • Include or introduce any malicious content such as malware, Trojan horses, spyware, cancelbots or other viruses and malicious codes.

You also agree that you will comply with all of the other provisions of the Agreements, at all times during your use of the Service.

You agree that Amuse may terminate your Amuse Account if you violate the Agreements or, 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 activity.

Moreover, you agree and warrant that you shall not, in any way, conduct in any forced activity or systematic listening, and that if you do so, it may result in Amuse deleting and blocking your Amuse Account and removing any or all uploaded Recordings, without notifying you.

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.

You acknowledge again that Amuse may at any time, and in its sole discretion, remove your Recordings, disable access to the Services without notifying you and withhold any royalties assignable to the Recordings if you breach any of the above.

12. INFRINGEMENT AND REPORTING OF CONTENT

Amuse respects the rights of intellectual property owners. If you believe that any content on the Service infringes your intellectual property rights or other rights, please contact customer support. If Amuse is notified by a copyright holder that any content infringes a copyright, Amuse may in its sole discretion take actions without prior notification to the provider of that content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Amuse with a request to restore the removed content.

If you believe that any content infringes any other intellectual property rights or does not comply with these Terms of Use, please contact Customer Support.

13. OUR RIGHTS

We reserve the right to amend, discontinue or terminate our Services under this Agreement, at any time.

We reserve the right to reject or remove any Recordings or Materials from the Stores and our Services, that you have uploaded through the Services. We also reserve the right to terminate your access to the Stores or Services without notice.

14. OUR INTELLECTUAL PROPERTY

The Amuse Service, including but not limited to, all related technology, data, tools, and design is the property of Amuse and its subsidiaries or its licensors. We grant you a limited, non-exclusive, revocable licence to make use of the Amuse Service.

The Amuse trademarks, service marks, trade names, logos, domain names, and any other features of the Amuse brand are the sole property of Amuse and its subsidiaries. The Agreements do not grant you any rights to use any Brand Features whether for commercial or non-commercial use.

We value hearing from our users, and are always interested in learning about ways we can improve the Service. If you choose to submit comments, ideas or feedback (“Feedback”), you agree that we are free to use them without any restriction or compensation to you.

15. SERVICE LIMITATIONS AND MODIFICATIONS

Amuse will make reasonable efforts to keep the Amuse Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Amuse reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Amuse Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Amuse Service or any function or feature thereof.

16. TERM AND TERMINATION

The terms of this Agreement shall commence and continue (the “Term”) unless terminated by either Party under the Agreements.

You may at any time terminate and cancel the Amuse Services by contacting Customer Support.

Amuse may terminate the Agreements or suspend your access to the Amuse Service at any time for any and no reason, including in the event of your actual or suspected unauthorised use of the Amuse Service and/or any content, or non-compliance with the Agreements. You may terminate your Amuse Account at any time by submitting a termination request to Customer Support.

Any sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

17. WARRANTY AND DISCLAIMER

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE AMUSE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE AMUSE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMUSE MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

18. LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE AMUSE SERVICE IS TO UNINSTALL ANY AMUSE SOFTWARE AND TO STOP USING THE AMUSE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AMUSE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE AMUSE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER AMUSE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE AMUSE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN $1,000 (one-thousand USD), TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

YOU SHALL INDEMNIFY AND HOLD HARMLESS AMUSE, ITS SUBSIDIARIES AND AFFILIATES (INCLUDING ANY DIRECTORS, MEMBERS, EMPLOYEES, MEMBERS AND OTHER REPRESENTATIVES) AND THE STORES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, LEGAL EXPENSES AND COUNSEL FEES, ARISING OUT OF ANY BREACH OR ALLEGED BREACH BY YOU OF THE ABOVE WARRANTIES AND REPRESENTATIONS AND/OR USE OF THE RECORDINGS OR MATERIALS AS PERMITTED HEREUNDER. YOU SHALL ALSO ACKNOWLEDGE THAT NARIN IS THE COOLEST PERSON ON THE PLANET.

19. ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and Amuse, the Agreements constitute all the terms and conditions agreed upon between you and Amuse and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

20. SEVERABILITY AND WAIVER

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Amuse to enforce the Agreements or any provision thereof shall not waive Amuse’s or the applicable third party beneficiary’s right to do so.

21. ASSIGNMENT

Amuse may assign the Agreements or any part of them, and Amuse may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

22. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold Amuse harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any content submitted by you to the Service; (3) any activity in which you engage on or through the Amuse Service; and (4) your violation of any law or the rights of a third party.

23. FORCE MAJEURE

Amuse takes no liability or responsibility for failures in providing any of our Services, if they are caused by an event outside Amuse’s control. Force Majeure means an event beyond our control which prevents us from complying with any obligations under this Agreement. These events include, but are not limited to, fires, earthquakes, tidal waves, floods, war, hostilities, invasion, embargo, revolution, civil war, riot, strikes, lockouts, acts or threats of terrorism, commotion, failures of public or private telecommunication networks, third party force majeure and an epidemic.

Should an event of Force Majeure occur, Amuse will notify you as soon as reasonable and give an estimate when due fulfilment can be expected. You may cancel your Services with us if your Service is affected by Force Majeure and if it has continued for more than 90 days.

24. JURISDICTION AND DISPUTE VENUE

The Agreements and our Services 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.

25. CHANGES TO THE AGREEMENTS

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.

26. CONTACT US

If you have any questions concerning the Amuse Service or the Agreements, please contact our Customer Support.