Thank you for choosing Songvax (“Songvax”, “we”, “us”, “our”). By signing up to or otherwise using the Songvax platform, app, service, websites, and software applications (together, the “Songvax Service” or “Service”), you are entering into a binding contract with Songvax.
In order to access and use the Songvax Service, you need to be at least 18 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 18, 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.
“Recordings” shall mean any and all audio recordings that you submit to Songvax 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 Songvax 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.
GRANT OF RIGHTS
You grant us all necessary consents and rights, without limitation, 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.
- 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 Songvax.
- The right for Songvax to sublicense or otherwise transfer the above rights to any and all Stores.
- The right for Songvax to perform Metadata corrections (where necessary).
- The right for Songvax to synchronize and authorize others to synchronize your Recordings with visual images, to combine portions of your Recordings with still or moving images or as a live stream.
- The right to authorize third-party partners and/or licensees, which offer services permitting the creation, use, and exploitation of so-called “remixes” of your Recordings and so-called “user-generated content” embodying your Recordings, including, without limitation, Twitch, TikTok, Facebook, and Instagram.
- The above does not constitute a transfer of ownership to any of the material you have uploaded or submitted to Songvax.
YOUR SONGVAX ACCOUNT
YOUR MUSIC, MATERIALS AND INFORMATION
ROYALTIES AND PAYOUTS
Any royalties and income accrued from Recordings monetized by YouTube Content IDs will be charged a 15% commission fee, unless you have a Songvax PRO Subscription. Commissions will be charged on any royalties and revenue accrued from February 2021 onwards, from YouTube Content IDs.
Any Recordings that are subject to split Commissions, will not be charged any royalties accrued from the YouTube Content ID.
You agree that your royalties are subject to the pro rata terms and provisions as agreed in each agreement that Songvax has made with the Store. Prices are determined by us and the Store, at our sole discretion.
The Stores reports the royalties you earn to us. Royalties will be credited to your Songvax Account every 6 months. Royalty refers to the previous month as reported to us by the Store, after we have received payment from the Store. Each Store has their own timeline delay for reporting the royalties you earn, usually between 3-6 months. Once the royalties have been credited to your account, you can request to withdraw the money. Please note that due to reporting delays, you will not receive any royalties during your first month until Songvax has received the first report from the Store regarding your earnings. Any net proceeds credited to your account will be held in a bank account owned by Songvax, and you agree that you will not receive any interest or other income.
The minimum amount of income you can pay is $100 USD and cannot be paid in part. Your earnings accumulate and will carry over until you reach the $100 USD threshold unless your Account is terminated or cancelled. The payment process takes approximately 1-7 business days. We will do our best to comply with this.
The payment service used is Paypal. You must hold a Paypal account to receive the royalties you earn. Songvax reserves the right to add and change payment services. We reserve the right to withhold payment if we suspect that the information is incorrect, that you have engaged in any fraudulent or illegal conduct, that an unauthorized person has accessed your account or if we suspect that you have uploaded an infringing Recording.
If the Store reports an incorrect amount, however large, of the royalties you have earned, Songvax reserves the right to amend this retroactively. Songvax is not responsible for reports from Stores.
For our Swedish users. In order to comply with current tax laws, we are obliged to collect your personal number in order to be able to report to the Swedish Tax Agency the amount of royalties you earn each year (swe: kontroluppgift).
You may not in any way use our Services for any unlawful purpose or for the following reasons.
- In any way that is or has 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 their privacy.
- Impersonate any person.
We also do not allow the uploading of the following type of Recordings.
- Covers of classical music
- Podcasts, Audio Books, and Radio shows
- Parodies and tributes
THIRD PARTY APPLICATIONS
YOUR USE OF THE AMUSE SERVICE
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 a 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 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 do 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 Songvax 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 or parts of the Service;
- circumvent any technology used by Songvax, 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 use 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 Songvax and its Services;
- Include or introduce any malicious content such as malware, Trojan horses, spyware, cancelbots, or other viruses and malicious codes.
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.
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
SERVICE LIMITATIONS AND MODIFICATIONS
TERM AND TERMINATION
WARRANTY AND DISCLAIMER
LIMITATION OF LIABILITY
SEVERABILITY AND WAIVER
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 AGREEMENTS
Occasionally we may, in our discretion, make changes to the Agreements. It is your responsibility to check for any changes made to the Agreements. When we make material changes to the Agreements, we might 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 might 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.