Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE ("Agreement") CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following legally binding terms and conditions and other applicable law. Whether you are merely a visitor, browsing through this website or a registered member, you agree to be bound by all the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use this site.
1. This Agreement governs the relationship between Spotmeup Ltd, (‘us/we/our’) and (‘you/your/the Artist’) in respect of any musical works or sound recordings (‘Works’) that you submit to us for inclusion in any of the services (‘Service’) as defined on www.spotmeup.com or verbally agreed.
2. In consideration of the sums payable to you and the services provided by us pursuant to this Agreement, you grant to us and our licensees a non-exclusive, world-wide licence to use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit and make available the Works for distribution in the Service and for all promotional purposes including without limitation for the purposes of internet radio broadcast; and use, reproduce and display in the Service any trademarks, service marks or trade names relating to you and the name and likeness of you and the band/artist whose performances are embodied in the Works.
3. You grant to us (on behalf of yourself) all necessary consents under the Copyright, Designs and Patents Act 1988 (‘Act’) and any modification or re-enactment thereof to enable us to make the fullest possible use of the Works in accordance with the provisions of this Agreement including without limitation any and all consents required under Part II of the Act. Copyright will be held by the Artist at all times.
4. Standard Service prices shall be listed at www.spotmeup.com. Services carried out shall be as listed on www.spotmeup.com at time of purchase. We reserve the right to renegotiate payment amount in the event that additional non-standard services are requested. In such case all prices shall be agreed by both parties in writing and paid in full before commencement. We are not obliged to provide any services above and beyond what has been paid for. Upon third party failure to fulfill service we shall assist with ‘best endeavors’ but are not responsible or liable for such failure.
5. Payment to customer shall be free of charge if accumulated outstanding earnings exceed 25USD. This threshold shall be carried over until such a time as it is attained. A transfer fee of 4.99USD is charged for withdrawals under 25USD. Only monies earned within the preceding months shall be paid and only if received from retailer/licensee. As regards royalty payment to You, any transaction charges shall be passed on. Sales figures shall be made available every third month and must be requested by the customer by e-mail. We are not responsible for third party system failure in this regard.
6. You warrant, agree and undertake both on behalf of yourself that the Works are original to you and have not been copied from any third party; the Works do not infringe any copyright, trademark or other proprietary or intellectual property rights of any third party or include any material which are defamatory of any party or obscene; you are not under any disability, restriction or prohibition, whether contractual or otherwise with respect to your right, power and authority to enter into and perform this Agreement and grant the rights herein expressed to be granted to us and in particular, the Works do not contain any viruses or other programming routines that detrimentally interfere with computer systems or data. Remember: You are solely responsible for the content that you upload onto or through the Site.
7a. You agree to indemnify us in full against any claims, liabilities, damages, losses or expenses (including reasonable legal fees) suffered or incurred by us as a result of your breach of any of the warranties or undertakings in this Agreement, or any claims by any third party including but not limited to claims for payment of outstanding debts for services provided or goods supplied by such third parties.
7b.Spotmeup believes in the importance and sanctity of your and everyone else's intellectual property rights. Therefore Spotmeup will, in it's sole discretion, take whatever steps it feels necessary to protect the intellectual property rights of others, including removing or blocking specific content on the Site.
And include the following information:
- Description/name of the infringing content.
- Description of the type of infringement.
Your Name, Address, email address, phone number and a description (with proof) of your ownership of the content and/or your right to act on behalf of the true owner of the content. Any additional information that will help us assess whether in fact the content in question is a violation of any third party's intellectual property rights.
A statement by you, made under penalty of perjury, that the above information in your notice is true and that you are the copyright owner or are authorized to act on behalf of the copyright owner's behalf.
8a. This Agreement may be terminated by us upon 10 days written notification (including notification by email or using our ticket system) of such termination providing there are no outstanding Services due to you. Upon cancellation in this regard, We shall instruct our partners within 30 days to remove recordings from Spotify. For any service requiring a subscription we may cancel (at our discretion) the Service without reimbursement if such subscription becomes no longer active. We are not responsible for third-party exploitation after removal instruction. You are responsible for any third-party take-down fees.
8b. We have the right to terminate this Agreement following any behavior deemed by Us as threatening, disrespectful, unprofessional or otherwise carried out by You or any associated parties.
8c. Fair Use Policy; User Conduct. Your use of the Services is subject to Spotmeups "fair use" policy pursuant to which Spotmeup may suspend or terminate Your access to the Services if in Spotmeup’s sole discretion, You are abusing the Services by (i) uploading copyrighted material frequently; or (ii) requesting "heavy amount" of changes to existing music available on Spotify frequently (iii) fraudulently allowing persons other than Subscriber to access the Services using Your Password. In the event of such termination or suspension, You will not be entitled to a refund of any prepaid Fees or losses. You are solely responsible for the contents of Your transmissions through the Services.
8d. Right of Removal; Spotmeup reserves the right, in its sole and absolute discretion, to remove any of Your Content from the Website and the Spotify service if such content: (i)is patently offensive, pornographic or defamatory; (ii)is the subject of a dispute between you or us and a third party; (iii)is content to which you cannot document your rights therein upon Spotmeup’s request; (iv)violates the intellectual property rights or other protected interests of a third party; (v)is the subject of a takedown notice by a party claiming to own the rights therein, or (vi)is the subject of any fraudulent activity, or for any other reason in Spotmeup’s sole and absolute judgment is necessary to protect the business interests of Spotmeup and any of its business partners or Licensees. Spotmeup may also remove Your Content from the Website or the Spotify Service if you are abusive or rude or provide false or intentionally misleading information to any Spotmeup employees or agents. Spotmeup shall have no liability to you for the removal of any of Your Content from the Website or any Licensee website or service other than to provide you a credit (but not a refund) for any fees previously paid by you for making Your Content available via the Website or through Licensees. The removal of any of Your Content shall not relieve Spotmeup of the obligation to pay you any royalties that may have accrued prior to the removal of Your Content.
8.e Monitoring. Spotmeup does not control Your Content and does not have any obligation to monitor Your Content for any purpose. Spotmeup may choose, in its sole discretion, to monitor, review or otherwise access some or all of Your Content, but by doing so Spotmeup assumes no responsibility for Your Content, no obligation to modify or remove any inappropriate elements of Your Content, or to monitor, review or otherwise access any other artist’s content or artwork.
9. The Artist will submit all content in a Work within a reasonable and pre-agreed time for release and distribution in an agreed format. Upon late submission We shall try best endeavors to perform the agreed Services. We are not obliged to commence Services before receipt of ALL necessary content. Spotmeup is not responsible for third-party failure to make content commercially available.
10. The Artist and representatives shall at all times refer to available help material before contacting us. This includes all known resources provided by us, including but not limited to help documents, online data, written and oral advice. Subject to our discretion, violation of this will lead to Agreement cancellation after one written warning from us.
11. Each party to this agreement shall keep confidential all information disclosed within the agreement and up to two years after termination.
12. You shall provide accurate contact details for you and/or your representative(s). If supplied payment details are inaccurate any monies paid towards You shall be forfeited.
13. In the event that we are required to perform Catco/PPL registration on your behalf you grant us permission to act as rights holder for all submitted tracks. This copyright is for purely administrative purposes and is a legal requirement of the PPL. This does not affect any other copyrights mentioned in this Agreement.
14. Neither party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such act shall make performance of this Agreement impossible for more than three months shall be treated as frustrated and terminated at that date.
15. This Agreement constitutes the entire agreement between us in respect of the subject matter of it and no terms, obligations, representations, promises or conditions, oral or written, express or implied have been made or relied upon, other than those contained in it. The provisions contained in each clause and sub-clause of this Agreement shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.
16. This Agreement shall be construed and performed in all respects in accordance with and shall be governed by the laws of Sweden and the parties irrevocably submit to the exclusive jurisdiction of the Swedish courts. In the event of a dispute between the Parties arising out of this deed, they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
17. Unless terminated under clause 8a, 8b, 8c, 8d or 14 the term of this Agreement shall be one year from the Effective Date written below and will automatically renew for successive one year periods unless either Party provides written notice to the other Party to terminate this Agreement at least 30 days before the next anniversary of this Agreement.
18. The Parties agree that no third party will acquire any third party rights under this contract, and the provisions of the Contracts (Rights of Third Parties Rights) Act 1999 are expressly excluded.
19. All distribution packages are subject to a subscription, rate agreed at point of sign-up. This covers ongoing third party charges for storage/maintenance of tracks and online accounting.
20a. Royalties Streaming; You do not receive any royalties for music played/streamed in Spotify and you grant us the right to keep 100% of your played/streamed royalties. Spotmeup does not offer statistics or financial reporting regarding streaming plays or streaming revenues.
20b. Royalties Downloads; For songs sold via download individually in Spotify, You Receive Per Song:
Spotify Europe EUR €0.70
Spotify U.K. GBP £0.49
Spotify U.S. USD $0.70
21. Any changes such to an existing/uploaded album or single that is live on Spotify shall be free of charge.
22. Use of the site at your own risk. Your access to and use of the Site, Spotmeup Content, Services, Music services and User Files is at your own risk. Spotmeup will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Spotmeup Content, Services, Music services or User Files
23. Spotmeup is available “As - Is” THE SITE, Spotmeup CONTENT, SERVICES, Music services OR USER FILES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Spotmeup EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Spotmeup MAKES NO WARRANTY THAT THE SITE, Spotmeup CONTENT, SERVICES, Music services OR USER FILES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Spotmeup MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, Spotmeup CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, Spotmeup CONTENT, SERVICES, Music services OR USER FILES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Spotmeup OR THROUGH THE SITE, Spotmeup CONTENT, SERVICES, Music services OR USER FILES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Spotmeup, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, Spotmeup Content, Music services and/or User Files; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Music services caused damage to a third party, including without limitation claims that Music services are infringing.
25. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
26. Limitation of Liability
IN NO EVENT WILL Spotmeup BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, Spotmeup CONTENT, SERVICES, Music services OR USER FILES, OR FOR ANY ERROR OR DEFECT IN THE SITE, Spotmeup CONTENT, SERVICES, Music services OR USER FILES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Spotmeup HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Spotmeup IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER Spotmeup USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, Spotmeup WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY Spotmeup CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES Music services AND/OR USER FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES. IN ANY CASE, Spotmeup’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED 100USD. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
BY VISITING OR USING THE SPOTMEUP SITE, YOU HEREBY WARRANT THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THIS AGREEMENT.