DEFINITIONS “Recordings” shall mean any and all audio recordings that you submit to TSTMKR Sounds 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 TSTMKR Sounds has, from time to time, entered into an agreement with. “Metadata” shall mean 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.
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 (jointly “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. You submit the Recordings to us in a pre-agreed format and for a pre-agreed release date. The release date will be locked and you may not change it. We will always do our best to perform the Services. TSTMKR Group, Inc is, however, not responsible for any third-party failures in distributing the Recordings or Materials, or removing the same or any failures by you to adhere to the instructions given for distribution of your Recordings.
Should a Store report the wrong amount, however great, of royalties that you have earned, TSTMKR Group, Inc. reserves the right to retroactively amend this. TSTMKR Group, Inc. assumes no liability regarding reports from Stores. For our Swedish users. To be tax compliant with current tax laws, it’s mandatory for us to collect your personal number to be able to report to the Swedish Tax Agency how much you’ve earned in royalties each year (swe: kontrolluppgift).
STORES We have entered into agreements with different Stores for the purpose of distributing your Recordings. You may choose the Stores you want your Recordings to be delivered to. The agreements that the distributor enters 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 the distributor has entered into an agreement with. Therefore, TSTMKR Group, Inc. cannot guarantee the sale and/or exploitation of the Recordings in any particular Store. TSTMKR Group, Inc. assumes no liability if your Recordings are not made available in a particular Store or in any way taken down by the Stores. TSTMKR Group, Inc. 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, Metadata and other Material through the Service, we will send your Recording to the Stores. You will receive a locked release date, which you cannot change. Do note, that each Store determines the delivery time for the distribution of your Recordings. We do not assume liability for the delivery times of the Stores.
ROYALTY SPLITS You can split royalties for a Recording with others. You can also receive royalty splits from other users’ Recordings. You can add and edit royalty splits for new and previously released Recordings. Once new royalty splits are submitted, all invited users must accept and confirm the invites before any royalty splits can take effect. Royalty splits submitted will take effect on royalties reported from the same month the splits were confirmed. Should you have submitted royalty splits for a new Recording, all royalty splits must be confirmed on the day the Recording is released. Should there be any unconfirmed splits, the unconfirmed split will be reverted and assigned to the user whose account is the owner of the Recording.
PROHIBITED USE 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, infringing 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. We also do not allow the uploading of the following type of Recordings. Generic music like rain or forest sounds Covers of classical music Podcasts, Audio Books and Radio shows Parodies and tributes Compilations TSTMKR Group, Inc. 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 occurred, we take such and any action we deem appropriate. We might, but not limited to, temporarily or permanently remove your Account and any and all Recordings and/or material uploaded through our Services, withhold any royalties attributable as well as freeze your Account, without notifying you. Should your Account be frozen, you will be able to log in and access information about streams and royalties accrued, as well as make payouts, should you have reached the threshold of $10 USD.
THIRD PARTY APPLICATIONS The RentARecordLabel.com 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 RentARecordLabel.com does not endorse and is not responsible or liable for the behavior, 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. YOUR USE OF THE RentARecordLabel.com SERVICEThe RentARecordLabel.com 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 RentARecordLabel.com 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 CROWDSTEREO 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 CROWDSTEREO Account. You shall immediately notify TSTMKR Group, Inc. of any breach of security or unauthorized use of your CROWDSTEREO account. Any fraudulent, abusive, or otherwise illegal account activity, including manipulated streams, shall constitute a basis to terminate your account. You agree to indemnify TSTMKR Group, Inc. against any liability and costs arising from such improper use of your CROWDSTEREO Account.
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.
OUR INTELLECTUAL PROPERTY The RentARecordLabel.com Service, including but not limited to, all related technology, data, tools, and design is the property of TSTMKR Group, Inc. and its subsidiaries or its licensors. We grant you a limited, non-exclusive, revocable licence to make use of the RentARecordLabel.com Service. The TSTMKR Group, Inc. trademarks, service marks, trade names, logos, domain names, and any other features of the TSTMKR Group, Inc. brand are the sole property of TSTMKR Group, Inc. and its subsidiaries. The Agreements do not grant you any rights to use any brand features and TSTMKR Group, Inc. trademarks 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, you agree that we are free to use them without any restriction or compensation to you.
SERVICE LIMITATIONS AND MODIFICATIONS TSTMKR Group, Inc. will make reasonable efforts to keep the RentARecordLabel.com Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. TSTMKR Group, Inc. reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the RentARecordLabel.com Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the RentARecordLabel.com Service or any function or feature thereof.
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 RentARecordLabel.com Services by contacting Customer Support. TSTMKR Group, Inc. may terminate the Agreements or suspend your access to the RentARecordLabel.com Service at any time for any and no reason, including in the event of your actual or suspected unauthorized use of the RentARecordLabel.com Service and/or any content, or non-compliance with the Agreements. You may terminate your CROWDSTEREO Account at any time by submitting a termination request toCustomer 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.
WARRANTY AND DISCLAIMER WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE RentARecordLabel.com SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE RentARecordLabel.com SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TSTMKR Group, Inc. MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
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 RentARecordLabel.com SERVICE IS TO UNINSTALL ANY TSTMKR Group, Inc. SOFTWARE AND TO STOP USING THE RentARecordLabel.com SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TSTMKR Group, Inc., 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 RentARecordLabel.com SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TSTMKR Group, Inc. 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 RentARecordLabel.com 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 TSTMKR Group, Inc., 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.
ENTIRE AGREEMENT Other than as stated in this section or as explicitly agreed upon in writing between you and TSTMKR Group, Inc., the Agreements constitute all the terms and conditions agreed upon between you and TSTMKR Group, Inc. and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
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 un-enforceability 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 TSTMKR Group, Inc. to enforce the Agreements or any provision thereof shall not waive TSTMKR Group, Inc.’s or the applicable third party beneficiary’s right to do so.
ASSIGNMENT TSTMKR Group, Inc. may assign the Agreements or any part of them, and TSTMKR Group, Inc. 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.
INDEMNIFICATION To the fullest extent permitted by applicable law, you agree to indemnify and hold RentARecordLabel.com 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 RentARecordLabel.com Service; and (4) your violation of any law or the rights of a third party.
FORCE MAJEURE TSTMKR Group, Inc. takes no liability or responsibility for failures in providing any of our Services, if they are caused by an event outside TSTMKR Group, Inc.’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, TSTMKR Group, Inc. 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.
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, as first instance. CHANGES TO THE AGREEMENTSOccasionally 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. 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.
CONTACT US If you have any questions concerning the RentARecordLabel.com Service or the Agreements, please contact our Customer Support. Should a Store report the wrong amount, however great, of royalties that you have earned, TSTMKR Group, Inc. reserves the right to retroactively amend this. TSTMKR Group, Inc. assumes no liability regarding reports from Stores. For our Swedish users. To be tax compliant with current tax laws, it’s mandatory for us to collect your personal number to be able to report to the SwedishTax Agency how much you’ve earned in royalties each year