Terms of use
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Terms of use for Auddly

TERMS OF USE FOR AUDDLY

Welcome to Auddly, a service facilitating your work as a creator of music and your work as a music company (e.g. music publisher) collaborating with creators of music.

These terms and conditions (the “Terms of Use”) apply to the platform Auddly (“Auddly”) and all services provided on Auddly whether you visit Auddly via the website www.auddly.com or via any other system such as one of our apps or via one of our business partners (collectively the “Service”) by Auddly AB, Swedish corporate identity number 556895-4449, with registered address Älvtomtagatan 12, 2 tr, 703 42 Örebro, Sweden (the “Provider”) to the users of the Service (the “User(s)”/”You”/”Your”). In some aspects different terms and conditions may apply depending on if You are an individual (“Creator“) or a legal entity (“Music Company“) using the Service. Where the Terms of Use are not specifically addressed to Creators or Music Companies the provisions in the Terms of Use apply to all Users.

In addition to these Terms of Use special terms may apply for different services provided in the Service (“Special Terms”). In the event of any conflict between the Special Terms and these Terms of Use, the Special Terms shall prevail unless otherwise expressly stated. The Terms of Use and any Special Terms which You have agreed to shall jointly be referred to as the “Agreement”.

Terms starting with a capital letter are defined in the Agreement and have the meaning assigned to them also when appearing above the definition.

Please note that the provisions in these Terms of Use are not intended to deprive You of any rights You may have under mandatory consumer laws in Your country. Hence, should any provision herein weaken Your rights under applicable mandatory consumer law, the corresponding provision under such consumer law shall prevail.

1. ACCEPTANCE OF TERMS OF USE

1.1 By using the Service You acknowledge that You have read, understand and agree to be bound by these Terms of Use and undertake not to use the Service in breach of these Terms of Use. These Terms of Use and any Special Terms constitutes the Agreement between You and the Provider.

2. AGE AND AUTHORITY

2.1 If You are an individual You confirm and warrant that that You are at least 18 years old and that You are not otherwise barred from entering into a binding contract under applicable laws.

2.2 If You are a User creating an account on behalf of a Music Company You confirm and warrant that You are authorized to sign on behalf of that Music Company and that neither You nor the Music Company You represent are otherwise barred from entering into a binding contract under applicable laws. If You are a User utilizing the Service on behalf of a Music Company You confirm and warrant that You have the authorization from the Music Company to do so.

3. DESCRIPTION OF THE SERVICE

General

3.1 As a User of the Service You will be able to interact with other Users by using different functions provided in the Service.

3.2 Our Service enables You to gather and keep track of information related to musical works continuously from their inception until completion, and to communicate information about, among other things, Creators and writer splits, for the purpose of attending to Your interests in and to musical works.

3.3 Further, as a User of our Service You will be able to, by using the tools and features provided as part of and accessible via the Service, among other things, post messages and upload and otherwise provide files, music, sounds, text, lyrics, photos, images, videos, locations or other materials (“Content“), and to share such Content in the Service with other Users.

3.4 The functionalities of the Service may change as the Service is developed and updated in order to give You the best experience possible. Any new functionality will be subject to this Agreement as well as any additional terms of use that Provider may release for such new functionalities.

3.5 The functions provided in the Service may vary depending on if You sign in as a Music Company or a Creator, and may also vary between Users on behalf of a Music Company depending on if the User is using the Service in the capacity of e.g. a “company admin”, “copyright” or “representative”.

3.6 You may be requested to enter Your IPI/IPN number in the Service for verification at the applicable copyright society. The verification status of Your IPI/IPN number (e.g. “verified” or “unverified”) may be displayed in the Service to other Users (Creators and Music Companies) which you collaborate with.

Song Projects

Creation of Song Projects

3.7 A “Song Project” is intended to function as an online working room for the Users involved in the creation of a musical work (“Song“). The Service enables You as a User to create one or more Song Projects and invite other Users to Song Projects. As a User creating or accepting an invite to a Song Project (individually referred to as a “Member” and together as the “Members“), You are able to share ideas and Content in the Song Project. The Content You provide and information of when a specific action was taken may appear on a local feed visible in the Song Project. The User’s name and picture may appear when Content is posted by a User in the Song Project.

3.8 A new Member to a Song Project will be able to access all Content already provided in the Song Project by the other Members, and to use all functions accessible to the Members in the Song Project. In the event that the Service provides such functions, Content shared by a User and information about the User may remain in the Song Project after the User has ceased being a Member.

3.9 A User who is an individual may be invited to a Song Project as a “writer” , “producer” and/or “musician”, or under any other title where provided for in the Service. The functions in the Song Project and the Content visible in the Song Project may vary depending on under which title You are invited.

Split Sheet

3.10 In each Song Project the Members that are writers and producers may insert information about the writer split / ownership interest in and to the Song in a digital split sheet (“Split Sheet“). The Users are responsible for that information entered on the split sheet is correct and any disputes in this regard shall be resolved between the Users, without any involvement of the Provider (pursuant to Section 12).

Changing Status of a Song Project

3.11 The status of a Song Project can be changed from “in creation” to “pitchable” or “released”, or to any other status where provided for in the Service.

Metadata

3.12 As a Member you may add and access certain Song Project information / metadata in respect to the Song, inter alia the following information:

  • the title and lyrics of the Song;
  • IPI/IPN numbers
  • the information provided in the Split Sheet (including the split, names, codes of the Creators where applicable);
  • information about relevant Music Companies (including codes where applicable) and the connection between the Music Companies and the respective Members.

3.13 The Service may also enable Members to provide and access more metadata information than the above information. The Service may also enable Users to extract certain information provided in a Song Project to which they have access (including Split Sheet information) to PDF or other format as provided in the Service.

3.14 Music Companies’ Access to Song Projects

3.15 A User acting on behalf of a Music Company (e.g. a “company admin”, “copyright” or “representative”) may be able to view all or parts of the Content in a Song Project to which Users who they are connected to in the Service are Members, , and may also be able to post Content in the Song Project if the Service provides for such functions. The functions relating to the Song Projects and the Content visible in the Song Project may vary depending on whether you act on behalf of a Music Company as e.g. a “company admin”, “copyright” or “representative”.

3.16 The Service may provide functions for the Creator to be able to choose which of the Song Projects that the Creator is a Member to shall be accessible to Users on behalf of Music Companies.

Sharing of Content

3.17 Without limiting the generality of Section 6 and the Rules of Conduct, the Provider has no responsibility with respect to any sharing of Content by the Users in the Service or in the event that you share any Content outside the Service. In the event that You are making any Content available in the Service to other Users, or to third parties outside the Service, You are responsible for that You have the necessary approvals and that You do not infringe any third party’s rights, including but not limited to intellectual property rights, by sharing such Content. Please note that in the event that You make any Content available on a third party website or application (and not directly on the Service), Your Content may become subject to other parties privacy policies and user terms and conditions.

Publisher Agreements

3.18 As an administrator acting on behalf of a Music Company You are able to connect Creators to Your Music Company and to provide a Publisher Agreement. A “Publisher Agreement” is a function that allows a Music Company to provide information to a Creator about, among other things, duration of publisher agreement and the publisher/songwriter split between the Music Company and the relevant Creator, and an agreement may also be uploaded in the Service. The Music Company and the Creator are responsible that the information entered is accurate and any disputes in this regard shall be resolved between the Music Company and the Creator, without any involvement of the Provider (pursuant to Section 12).

3.19 The information provided in the Publisher Agreement will not be visible in the Service to other Users than Users on behalf of the relevant Music Company and the relevant Creator.

Messaging and Notification Functions

3.20 You may be notified by email e.g. when You are invited to a Song Project or to connect with a Music Company, and you may also be notified by email when a User takes action in the Song Project. The Service may also include other notification functions to your device. You may change Your User settings in order to limit such notifications.

4. USER NAME AND PASSWORD

4.1 To use the Service You must create a user account at Auddly. By completing the applicable registration procedure below an account connected to You for utilizing the Services is activated.

4.2 To use the Service as a Creator You create the account by registering Your name and email address. The Service will send an email to the email address provided requesting You to verify that You have requested to create an account.

4.3 To use the Service as a Music Company You create the account by registering the company name, and email address, and any other information that may be requested in connection with the creation of an account. The Service will send an email to the email address provided requesting You to verify that You have requested to create an account.

4.4 During registration You shall choose a user name and a personal password. You may not choose a user name that is harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing or invasive of personal privacy rights.

4.5 During the registration You may be required to pay for the subscription in accordance with Section 5 below.

4.6 You agree to and warrant that all information that You submit to the Provider via the Service or otherwise is truthful and accurate and that You will maintain the accuracy of such information.

4.7 You agree to and warrant that You will not disclose (wilfully or by negligence) Your user name and/or password to any third party or otherwise allow any third party to use Your access to the Service. If You have reason to believe that a third party has gained access to Your user name and/or password You must immediately inform the Provider via email to support@auddly.com. For security reasons Your access to the Service including Your account will be blocked if You provide the wrong log in information a certain number of times in a row.

4.8 You are personally responsible for the use of the Service under Your password. You are liable for any damage or loss incurred by the Provider or any third party due to unauthorized use of Your user name and/or password.

5. PRICE AND PAYMENT

5.1 Price and payment terms for each individual subscription and other services may be provided by the Provider via the Service from time to time. Different prices and payment terms may apply e.g. to Creators and Music Companies, and different payment terms may apply to different Music Companies. Even if You are not charged for creating an account the Provider may require payment for use of the Service at a later stage. The Provider may also provide certain functions that will only be accessible for premium (e.g. paying) Users. In the event that the User does not pay the requested fee for the Service and/or enters into a specific purchase agreement with the Provider, the Provider reserves the right to deny access to the Service and/or terminate the User’s account. Please note that Your suppliers’ ordinary fees for e.g. data traffic applies when You use the Service.

6. RULES OF CONDUCT

6.1 You agree to and warrant that You will not:

  • use the Service to transfer or upload Content that contains viruses, corrupted data, malicious software or other programs that may harm computers or other property;
  • use the Service to defame, harass, discriminate or threaten another person/company or in any other way violate rights;
  • create an account and/or post Content in any other person’s or company’s name or otherwise pretending to be someone else when using the Service;
  • use the account or User Name of another User at any time;
  • distribute or reproduce all or any part of the Service;
  • take any actions in or in connection with the Service infringing the Provider’s or any third party’s intellectual property rights;
  • circumventing or modifying or encouraging or assisting any other person in circumventing or modifying security measures and security technology that forms part of the Service;
  • alter, copy, disassemble, decompile or reverse engineer any part of the Service;
  • use software that reads or adds data on the Service automatically;
  • use the Service to request or encourage other users to breach any provision of the Agreement; or
  • abuse the Service or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through the Service, using the Service for illegal file sharing activities, or using the Service in a manner which violates or infringes the rights of anyone else).

6.2 The Service enables You to provide Content in the Service. Such Content is not owned or reviewed by the Provider and hence You are personally responsible for any Content You upload to the Service. You agree and warrant that You will not provide Content in breach of the Agreement including to harass or threaten another User, e.g. by repeatedly sending unwanted messages.

6.3 You agree to and warrant that You will not publish, post, transfer, distribute or upload any Content to the Service which:

  • You are not the creator and/or owner of all rights to, or that You do not have the creator’s and/or owner’s consent to publish, post, transfer, distribute or upload any to the Service;
  • is a photo, image or video in relation to which You do not have the consent of all persons appearing in the photo or video to share it in relation to the Service;
  • is a photo or video in relation to which You have not exercised caution when taking the photo or recording the video and that all applicable law has been followed when taking the photo or recording the video;
  • consists of unauthorized private information about any person;
  • involves the transmission of “spam” messages, “junk” mails, unsolicited marketing emails or the like;
  • involves commercial advertising or promotional activities such as prize contests;
  • promotes or encourages illegal activity;
  • is racially or ethnically offensive and/or constitutes agitation against a minority (such as e.g. national group or ethnic group);
  • constitutes defamation, contains pornography or is in any other way sexually explicit;
  • attacks sexual orientation or religion or is discriminating in any other way;
  • is in any other way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trade marks or any other intellectual property rights); or
  • provide links to any third party website containing information which would be regarded as Content in breach of this Agreement if provided in the Service directly.

6.4 The Provider reserves the right to immediately remove any Content from Auddly that the Provider in its sole discretion deems to be is in breach of the Agreement, any other terms or conditions posted in the Service or is otherwise harmful for the Provider.

6.5 The Provider does not make any warranties nor accepts any liability as to the accuracy of the information and Content provided or verified by any User. You are responsible for the accuracy of the Content You provide or verify upon request.

7. OWNERSHIP OF CONTENT

7.1 You own all of the Content You provide on or in connection with the Service and the Provider does not own nor claim any ownership rights in or to Your Content.

8. LICENSES TO CONTENT

8.1 By providing Content in the Service You grant:

8.1.1 to the Provider, a non-exclusive, perpetual, transferable, worldwide, irrevocable and royalty-free licence (with the right to sublicense) to – without restrictions – reproduce, make available, transmit, use, publish, distribute, modify, adapt, publicly perform and publicly display such Content in all manners now or hereafter known required in order to perform the Service. You agree to and warrant that the content is owned or duly licensed by You and that the Provider does not need the permission or license from any third party to use the above described rights.

9. PROVIDER’S INTELLECTUAL PROPERTY RIGHTS

9.1 All intellectual property rights in and to the Service including but not limited to copyrights to the interface and design, database rights, patents, trademarks and trade names (whether registered or not), in and related to the Service as such is the property of the Provider or its business partners.

10. PROVIDER’S LIABILITY

10.1 The Service is provided “as is” and the Provider grants no warranties, express, implied or otherwise, as to the accessibility, quality, suitability, or accuracy of the Service and disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. The Provider shall not be liable for the technical implementation of the Service. Furthermore, there are situations when the Service will not be accessible, including but not limited to situations due to necessary maintenance and circumstances outside the control of the Provider such as net access failure – that the Service is not accessible due to these circumstances is not a fault in the Service and the Provider shall not be liable to You on account thereof.

10.2 The Provider will make its best efforts to maintain the chosen status of notification functions and Song Projects, but is not responsible for errors and reserves the right to change which settings are available from time to time.

10.3 To the fullest extent permitted by applicable law the Provider, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors shall not be liable to You or any third party for any direct damages, indirect damages or any other damages of any kind, including but not limited to lost data, lost capital, lost profits, lost income, lost revenue, business interruption, damages for goodwill, procurement of substitute services, arising out of or in connection with the Agreement or the use or inability to use Auddly and/or the Service.

10.4 To the extent the Provider is liable to You for any damages, the Provider’s aggregate liability to You, whether for negligence, breach of contract or any other cause of action or omission shall be limited to the aggregate fees relating to the service causing the damage, that You have paid to Provider during the 12 months preceding the event causing the damage.

10.5 The Provider shall not be liable to You for any claims made by third parties towards You.

11. USER’S LIABILITY AND INDEMNIFICATION

11.1 The User shall be liable for any damage caused to the Provider or any third party by User’s breach of the Agreement, including but not limited to any damage caused by the use of Content or any use of the Service in breach of the Agreement.

11.2 You agree to hold harmless and indemnify the Provider in relation to any claims, costs (including properly incurred legal costs and other advisers’ fees), damages, expenses, liabilities and losses, incurred by the Provider, arising in any manner whatsoever in relation to the use of Content in breach of the Agreement, or any other breach of the Agreement.

12. USER DISPUTES

12.1 You are solely responsible for Your interaction with other Users or third parties through the Service. The Provider is not responsible of any disputes between You and other Users or third parties and shall not be involved in such disputes.

13. CHANGES TO THE AGREEMENT

13.1 You acknowledge and agree to that the Provider may occasionally, at its own discretion, make changes to the Agreement, including these Terms of Use. When the Provider makes changes to the Agreement that the Provider consider material You will be notified via the Service. By continuing to use the Service after those changes are made You are expressing and acknowledging Your acceptance of the changes.

14. TAKE DOWN FUNCTION

14.1 If You believe or suspect that Content in the Service is in breach of the Agreement You may report such Content to the Provider. Your abuse of this function will be regarded as a material breach of the Agreement.

14.2 The Provider reserves the right to immediately remove Content, if it is reported as described in Section 14.1 above. If Content is, in the Provider’s sole discretion, not in breach of the Agreement the Provider will re-post the Content.

15. TERMINATION

15.1 The Provider may terminate the Agreement, by written notice to Your email address, and Your access to the Service with immediate effect if You commit a material breach (including but not limited to any breach of the provisions under “User name and password” and “Rules of conduct”) of the Agreement. The Provider reserves the right to claim damages and all other rights provided by law.

15.2 The Provider shall furthermore have the right to terminate the Agreement and cease to provide access to the Service with immediate effect and without prior notice if required by law or an authority decision or because the Provider ceases to provide the Service to Users in the country where You live or resides or from which You are using the Service.

15.3 You have the right to terminate Your account and any and all subscriptions to the Service at any time.

16. EFFECTS OF TERMINATION

16.1 Upon termination of Your account You will no longer have access to the Service and You will not receive any notifications from the Service. Your name and IPI/IPN number may remain visible to other Users having access to relevant Song Projects, and the Content You have provided in the Service may remain in the Service accessible to other Users as set forth in the Agreement.

16.2 All provisions of the Agreement which by their nature shall survive termination, including, but not limited to provisions regarding ownership, warranty disclaimers, indemnity and limitation of liability.

17. PERSONAL DATA

17.1 Section 17 in these Terms Of Use describes how Auddly collects, uses, and shares Your personal data whenever You use the Service. Under the Swedish Personal Data Act (1998:2004), which implements the EU Directive 95/46/EC, the Provider will be liable for the processing of personal data for which the Provider decides the purposes and the means for which the personal data is processed. Personal data is information, which is directly or indirectly referable to a natural living person, e.g. name and address but also possibly a person in a photo related to a Song Project.

17.2 The Provider may collect the following information, including personal data, about You and/or Your physical representatives, Members and employees etc., the “Data Subject”:

17.2.1 Registration data: When creating a user account with the Provider You may be required to provide the following information; name, surname, email and IPI/IPN number. Please note that the Provider may be unable to provide the Services unless You provide the above stated personal data. The Provider may store this information so that it can be used for purposes explained in Section 17.3.

17.2.2 Song Project information: When You start a Song Project You are required to provide certain information such as Your name and the name of the Song Project. The Provider may also collect and process information that You disclose about Your skills (e.g. instruments You play), experience (where, what and when You performed), membership in relevant organisations, agreements, Members, “company admin”, “copyright” or “representative” and other representatives of Music Companies, location, lyrics, splits, photos, recordings, etc.

17.2.3 Usage information: When You use the Service certain information will be collected automatically, including (i) information about Your interactions with the Service; (ii) the details of the queries You make; (iii) content You post, upload and/or contribute to the Service; (iv) technical data, which may include the URL You are coming from, Your IP address, unique device ID, network and computer performance, browser type, language and identifying information and operating system; and (v) location information. The Provider may store this information so that it can be used for purposes explained in Section 17.3.

17.3 The Provider will process the information described in Section 17.2 above for the following purposes: (a) to administrate Your account, to enable and provide the Service and integration with third party services (if any), and to provide, personalise and improve Your experience with the Service, and to otherwise fulfil the Agreement with You; (b) to send You alerts or messages by email or otherwise, including to provide You with marketing of products and services and to inform You about updates of the Service or of the Agreement, (c) to improve and develop the Service or new services and products and to analyse Your use of the Service, (d) to ensure the technical functioning of the Service and to monitor and prevent use of the Service in breach of the Agreement, (e) to enforce the Agreement, including to protect the rights, property and safety of the Provider and other persons, (f) as necessary to allow financing or transfer of all or part of the Provider and (g) to fulfil requirements by law.

17.4 The Provider may not be able to provide the Service in full unless the above-stated information is provided by the Data Subject.

17.5 By entering into this Agreement You agree to receive direct marketing from the Provider or third parties, e.g. by email or otherwise. You may at any time oppose the use of Your personal data for direct marketing purposes and You may also recall Your prior consent.

17.6 The Provider may disclose personal data about Data Subjects to its contractors, service providers, partners, potential investors in or buyers of all or part of the Provider, and to collecting societies and other Users, within the EU/EEA and outside the EU/EEA, to countries or territories whose laws may not provide an adequate level of protection for personal data, for purposes stated in Section 17.3 above. You understand and agree to that the privacy policy of third parties will govern all processing conducted by third parties of personal data disclosed and/or shared under this Section. You expressly consent to Your personal data being used as described in this Section.

17.7 The Provider may also share and/or sell personal data relating to Data Subjects to third parties in order to disclose information regarding musical works. (For example, to music services in order for e.g. names of creators of the musical work to be displayed in the music service).

17.8 Data Subjects are entitled by law to once per calendar year, free of charge, upon written and signed request receive information about what personal data about them is processed by the Provider. Data Subjects are also entitled to ask for the rectification, erasure or blocking of any personal data which is inaccurate. If a Data Subject wishes to exercise any of these rights, he/she should write to the address above stating his/her full name and, if applicable, his/her address, user name and the email address used for registration.

17.9 You are liable to ensure that any Data Subject who are Your physical representatives and employees etc., whose personal data may be processed by the Provider, are made aware of the contents of this Section 17 and any sections to which it refers, and provide necessary consents, at the latest when their personal data is provided to the Provider.

17.10 You are furthermore liable to ensure that any personal data submitted by You relating to others (i.e. Data Subjects not using the Service) whose personal data may be processed by the Provider, are made aware of the relevant contents and implications of these Terms Of Use and provides necessary consent to the processing, at the latest when their personal data is shared with the Provider.

18. COOKIES

18.1 A cookie is a small text file that a website asks to place on Your computer, mobile phone, or other device when You visit a website. A cookie can help the website provider to recognise Your device the next time You visit the website, provide You with access to certain functions on the website and/or register Your surf patterns. There are other technologies such as pixel tags, web bugs, web storage and other similar files and technologies that can do the same thing as cookies. The term “cookies” in this Agreement refers to cookies and all such similar technologies.

18.2 The Provider use the following cookies for following purposes:

18.2.1 Essential operational cookies: These cookies are necessary for the Provider to operate the Service as You have requested. For example, they allow the Provider to recognise You and then provide You with the Service accordingly.

18.2.2 Analytics cookies: The Provider use these cookies to analyse how the Service is accessed, used or is performing. The Provider uses this information to maintain, operate and continually improve the Service. The Provider may also obtain information from our email newsletters, to learn whether You opened or forwarded the newsletter or clicked on any of the content, to analyse the effectiveness of the newsletters and ensure that You will be receiving information that You find interesting.

18.2.3 Functional cookies: The Provider use these cookies to operate certain functions of the Service in line with the choices You make. These cookies mean that when You continue to use or come back to the Service, it is provided as You have previously requested, e.g. remembering Your username and how You have customised the Service.

18.3 Most web browsers allow You to manage Your cookie preferences. You can set Your browser to refuse cookies, or delete certain cookies. Generally You should also be able manage similar technologies by using Your browsers preferences.

18.4 Please note that if You choose to block cookies, this may impair or prevent due functioning of the Service.

18.5 The Provider uses a third party services to track activity related to the Service, e.g. by placing cookies. You can install an opt-out in Your web browser if You do not want any information to be collected and used by this analytic service.

18.6 More information about the use of cookies and how to block them can be found on e.g. www.allaboutcookies.org and www.youronlinechoices.eu. If You have any questions or comments about the Provider’s use of cookies, please contact support@auddly.com.

19. ASSIGNMENT

19.1 You may not assign Your rights or obligations under the Agreement without the Provider’s prior written approval.

19.2 The Provider may assign its rights or obligations under the Agreement to any third party without Your prior written approval.

20. DISPUTES AND GOVERNING LAW

20.1 The Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed and interpreted under the laws of Sweden, excluding its conflict of law rules, unless otherwise required by mandatory law of a member state of the European Union or any other jurisdiction.

20.2 Any dispute, controversy or claim arising out of or in connection with the Agreement or any non-contractual obligation arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by the courts of Sweden with the Stockholm District Court as first instance.

Refund policy:

You can easily cancel your subscription at any time. There are no cancellation fees, though no refunds are provided for prorated periods.