We want to make something super clear before we get to the technicalities. Labelcaster does not and will never claim any ownership of any rights of the artistic material uploaded on or in any way shared through our platform. We want to give you, whether you are a label or artist, the tools to easily and cost-effectively get your music out and listened to.
There are trust issues in the industry—artists getting screwed over, aggregators claiming to be free but are not, the list is long. We want to change this. That is why we’ve digitized the process of running a record label through an easy-to-use platform, fully transparent and fair. With our app dashboards, you can see at any time exactly how much your music has been streamed and how much you will get paid.
It is free to sign up. We charge a fee on your streams as specified on this website. That’s it. No upfront fees, no lockups, and no one claiming to own any of your rights and material.
Easy, transparent and fair. Join the indie label revolution.
LABELCASTER TERMS OF SERVICE
1. INTRODUCTION
This document, Labelcaster Terms of Service (in this document referred to as the “Terms”), contains the terms and conditions that apply to your use of the Service. Capitalized words used in these Terms shall have the meaning ascribed to such words herein, among others:
“Agreement” means these Terms, the Privacy Policy, the Copyright Policy, the Acceptable Use Policy “AUP” and such other agreed terms made available by Labelcaster online on its website or in the app or agreed through any other process made available by Labelcaster.
“Catalog” means Music and Digital Assets that you submit to the Service.
“Content Distributor”, “Artist”, “Label” and “you” means a legal entity or private individual subscribing to the Service as a, without limitation, record label, artist, artist manager or other owner or distributor of a Catalog who is in the business of recording, producing and/or marketing sound recordings, musical compositions, and/or other intellectual property whether as owner, administrator or distributor.
“Digital Assets” means all rights connected to Music in respect of, without limitation, album covers and other artwork, image files, marketing materials, trade names, trademarks and logos that you submit to the Service.
“Effective Date” means the date on which you click the “agree” or similar button or checkbox, or first take action in our service by creating an account or the like.
“Labelcaster”, “we”, “us” or “our” refers to Labelcaster AB, Reg. No. 559142-5367, a company organized under the laws of Sweden.
“Music” means digitalized sound recordings and any underlying musical and literary compositions embodied in such recordings and the copyrights associated with them.
“Net Royalty” means Labelcaster’s actual receipts from the Third Party Music Services for the sale, distribution or other use of the Catalog, less any (a) tax, bank transfer and PayPal or other payment services transaction, including currency conversion or other third party fees or charges (if any); (b) marketplace costs, including without limitation any fees, payments, royalties or other consideration payable by Labelcaster to Third Party Music Services (including any song aggregators and digital retail stores); and (c) licensing fees and royalties payable to song publishing licensors and compulsory mechanical licensors, as applicable.
“Rights Owner” means any legal entity or private individual holding rights to revenues from a Catalog, for example, co-writers.
“Service” means the digital distribution of Catalogs, record label creation feature and digital asset management service, including metadata management, catalog encoding, royalty transfer and reporting services to record labels, artists, artist managers and other owners and distributors of content as further described on the Labelcaster web and app (provided by Labelcaster.
“Split Percentage” means the agreed upon percentage revenue split of Total Royalty between participants, (e.g. between Label, Artists and other contributors), as Content Distributor has confirmed in your account settings, or in a manner as determined by Labelcaster. (The total Split Percentage royalty amongst all participants for any given track must total exactly 100%.)
“Third Party Music Services” (also known as DSPs) means consumer and B2B digital music stores, distributors and other third-party services that provide music as digital downloads and streaming.
“Total Royalty” is Net Royalties received in Labelcaster’s bank account to the Content Distributor less any amount of fee for the use of the Service as specified on Labelcaster’s website.
“User” means a Content Distributor that has entered into an Agreement for use of the Service.
1.1. The Agreement creates a legally binding, enforceable contract between you and Labelcaster regarding your use of the Labelcaster Service. If you represent your employer or another legal entity or group, you represent and warrant that: (i) you have the legal authority to bind such entity or group; and (ii) you have read and agree to the Terms on behalf of the legal entity you represent. You must be 18 years of age in order to use the Service and enter into the Agreement. The Agreement supersedes and replaces any prior agreements you and Labelcaster may have executed with respect to the Catalog.
1.2. BY CLICKING THAT YOU AGREE TO THE AGREEMENT, YOU UNCONDITIONALLY CONSENT TO BE BOUND BY AND BECOME A PARTY TO THE AGREEMENT, INCLUDING THESE TERMS, WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS THE AUTHORIZED REPRESENTATIVE FOR AN ARTIST OR LABEL, A GROUP OR A CORPORATION. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THESE TERMS, CLICK THE “CANCEL” BUTTON. ANY USE BY YOU OF THE SERVICE, MEANS THAT YOU HAVE ACCEPTED THE TERMS.
1.3. Please note that rights to the Catalog may be owned or controlled by more than one person or entity and that rights and revenues for Music may belong to such persons or entities. You are responsible for and must ensure, at all times, that each such person and entity is identified and that each person or entity that has rights and is eligible for compensation (including revenues) in relation to Music that you submit to the Service hereunder i) agree to such submission under these Terms and ii) subscribe to the Service. In particular, you are responsible for and must ensure that all such persons and entities are in agreement with any applicable revenue Split Percentage with regard to Music. You further agree that you will adhere to, and will not act in violation of, any applicable music license agreement between you and other participants (e.g. between Artist and Label) or any similar arrangement. Labelcaster reserves the right not to process payments for any Music unless relevant persons and entities have subscribed to the Service and are in agreement with the Split Percentage. However, Labelcaster is always entitled to process payments in accordance with, and rely on, information that has been made available to it in accordance with Section 6.4.
2. SCOPE OF AGREEMENT
2.1. Labelcaster provides the Service to Users on the terms and conditions of the Agreement.
2.2. Content Distributor may, from time to time, elect to add to the Catalog by logging into its account and supplying new content, withdrawing or amending existing content, subject to the terms of this Agreement.
2.3. With regard to any measure you take under or in relation to the Agreement or the Service, including, without limitation, submitting content, adding new content (including new Music) to the Catalog, withdrawing content or terminating the Agreement, or any use of the Service, you must ensure that i) you have all requisite clearances or permissions for the measure or use in question from all relevant Rights Owners or are otherwise affected and ii) you do not violate the rights of others. You will indemnify and hold Labelcaster harmless, without limitation in time, from any claim, damage, loss, cost or expense in the event of any claims relating to the aforesaid.
3. TERM AND TERMINATION
3.1. The Agreement shall commence on the Effective Date and shall continue until terminated, either by you, in whole or in respect of an individual track or album within the Catalog, by notifying us by logging into the Service and changing your settings, or by us, by sending a notice of termination to you by email. In case of notice of termination by you, however, you represent and warrant that such notice is not given in violation of any applicable license agreement between you and Rights Owners or other participants or any similar arrangement, and you acknowledge and agree that we may require all relevant parties to sign such notice of termination in order for it to be valid.
3.2. Within thirty (30) days following the notice of termination pursuant to Section 3.1, above, with respect to an individual track or album, or an entire Catalog (“Withdrawn Content”), Labelcaster shall notify all relevant Third Party Music Services about the termination and request the removal of the Withdrawn Content from such Third Party Music Services.
If a Content Distributor submits a termination notice in relation to its Labelcaster Account, Labelcaster will, subject to Section 3.1, above, treat this as a termination with respect to the entire Catalog.
You understand and agree that there will be a certain wind-down period during which the Withdrawn Content will remain available through the Service. You understand and agree that Labelcaster’s obligations upon the termination of the Agreement shall be limited to the aforesaid, and under no circumstances shall Labelcaster be liable for any Third Party Music Service’s failure to remove the Withdrawn Content within a certain period following its receipt of Labelcaster’s request thereof. In the event of termination or expiry of a music license agreement between Artist and Label, and where Artist wishes to continue using the Service – with respect to an individual track or album or the entire Catalog – then Section 6.4, below, shall apply with regard to further payments.
3.3. Labelcaster reserves the right to suspend its performance of its obligations at any time, without giving prior notice to you, in the event of the occurrence of any circumstance which Labelcaster, in its sole discretion, deems to be i) harmful to Labelcaster, any Third Party Music Service, any user of the Service or any third party; or ii) in violation of the Agreement (including the AUP or the Copyright Policy) or applicable law. The right to suspension includes a right to remove the Catalog, Music or Digital Assets (or part thereof) from the Service and from Third Party Music Services.
4. RIGHTS YOU GRANT US
4.1. You instruct and authorize Labelcaster to distribute your Catalog to any Third Party Music Services made available to you through the Service, as determined by Labelcaster from time to time, as indicated in the Labelcaster Service.
4.2. For Labelcaster to distribute to Third Party Music Services in accordance with 4.1, each User grants Labelcaster all necessary rights and licenses to distribute, synchronize (as applicable, only with visual images embodied within videos on YouTube), perform, and take any other action.
In addition, by using the Service, each User grants to each Third Party Music Service, and appoints Labelcaster as its attorney in fact to, in the User’s name on its behalf, enter into any and all necessary contractual arrangements to grant to each Third Party Music Service, all rights and licenses necessary to make the Catalog available to their subscribers in accordance with their respective terms and conditions, including any and all rights and licenses in and to the sound recording(s) and the underlying composition(s) in the Catalog, throughout the world, in any and all media or formats now known or hereafter devised, including without limitation by:
• permanent digital downloads;
• temporary digital downloads;
• interactive streaming;
• non-interactive streaming;
• interactive radio;
• non-interactive radio (DMCA compliant, compulsory license);
• semi-interactive radio (voluntary license);
• any and all “existing” and “to be” developed digital and mobile delivery methods.
4.3. You authorize Labelcaster to sub-license any rights granted by you under this Agreement to any Third Party Music Services or intermediary distributor, as required, as determined by Labelcaster in its sole discretion, to provide the Service hereunder.
4.4. Labelcaster does not guarantee placement of the Catalog with any Third Party Music Services and reserves the right to remove any content from the Service and reject distribution of any content in its sole discretion. Although Labelcaster (and Third Party Music Services) may perform controls of possible infringements of content with regard to intellectual property rights, you acknowledge and agree that Labelcaster (and Third Party Music Services) is not under any obligation to do so and that we will not assume any responsibility or liability for controlling or monitoring possible infringements. You – not Labelcaster – are solely responsible for enforcing and protecting your intellectual property rights with respect to the Catalog, including by issuing cease and desist letters, defending or taking legal action against alleged infringers or rights holders. You agree to defend, indemnify and hold us harmless, without limitation in time, against all and any infringement claim relating to your Catalog.
5. YOUR OBLIGATIONS TO US AND OTHERS
5.1. Without affecting our obligations under the Agreement (including transferring Total Royalty (as defined below in section 6), you – and not Labelcaster – shall be solely responsible for a) listing each and every party claiming rights in any element of the Catalog (including any and all contributors to musical compositions embodied therein) (b) all record royalties due to artists, producers and other persons who performed and/or participated in the making of the Music and other royalty participants, (c) all royalties due to any party as a result of samples included in the Music (d) all payments that may be required under collective bargaining agreements applicable to you and your affiliates, (e) all music publishing licenses and royalties and (f) all other forms of payments or compensation payable in relation to the Catalog. You must ensure that no act or measure undertaken by you (including also a failure to act or to undertake measures) violates any applicable music license agreement between you and other participants (e.g. between Artist and Label) relating to the Service or violates any similar arrangement. You agree to defend, indemnify and hold us harmless, without limitation in time, against all and any claims, damages and costs following such act or failure to act by you.
5.2. For digital download sales in the United States, your payment typically includes the mechanical royalty on the underlying composition. In the case of the iTunes Match service, your payment includes a publishing portion that covers both the mechanical and public performance royalties. If you do not own or control the underlying composition(s) in your sound recording(s) or label, it is your obligation to pay these publishing royalties to the person or entity that does. Outside of the United States, Labelcaster customarily requires Third Party Music Services to secure and pay for music publishing licenses (and such license fees may or may not be deducted by the Third Party Music Services concerned from the proceeds payable to Labelcaster). If any Third Party Music Service outside of the United States does not agree to secure and pay for music publishing licenses, Labelcaster shall have the right, in its sole discretion, to either (i) decline to license such Third Party Music Service or (b) assume the responsibility to clear and pay for the music publishing licenses required in connection with such Third Party Music Service’s sales, which license fees Labelcaster shall have the right to deduct from amounts payable to you hereunder.
5.3. You must ensure that your user ID and password for the Service are kept strictly confidential and that such information is not disclosed to or used by any unauthorized persons. You are responsible for all actions taken using your account and passwords and must notify us immediately upon any suspected or detected unauthorized use.
5.4. Except as otherwise expressly permitted in writing, you agree not to: (a) reproduce, modify, adapt or create derivative works of the Service; (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the Service to a third party; (c) use the Service for the benefit of any third party or incorporate the Service or part thereof into products or services for the benefit of a third party; (d) interfere with or hamper mechanisms in the Service intended to limit your use or for security; (e) reverse engineer, disassemble, decompile or otherwise seek to obtain or derive the source code, algorithms, file formats etc. to the Service or any part thereof (except to the extent expressly permitted by applicable mandatory law); (f) remove, alter or obscure any proprietary or other notices contained in the Service; (g) use the Service other than in compliance with the Agreement or for any other purpose than the intended or (h) permit a third party to do any of the foregoing.
6. REVENUE / PAYMENT
Unless otherwise instructed by the Content Distributor, by entering into this Agreement, the Content Distributor instructs the Third Party Music Services to pay for their use of the Catalog via a Labelcaster bank account and agrees that Labelcaster’s sole responsibility in this regard is to receive the payment from Third Party Music Services and upon request forward the payment, less any applicable deductions in accordance with this Agreement and otherwise, to Content Distributor. Content Distributor confirms that it is solely responsible for all matters related to itself, relevant Rights Owners and its Catalog, including all income and other reporting, irrespective if Content Distributor is a legal entity or a private individual.
6.1. Labelcaster will, upon request of the Content Distributor, forward Total Royalty received in Labelcaster’s bank account to the Content Distributor.
6.2. Content Distributor shall be solely responsible for tracking, reporting and paying any taxes and governmental fees associated with or incurred in the exploitation of the Catalog through the Service, including without limitation any tariffs, value-added taxes or governmental fees and shall hold Labelcaster harmless in the event of claims from tax authorities related thereto against Labelcaster.
6.3. Account reports and Total Royalty will be posted to your Labelcaster account after Labelcaster’s receipt thereof and in accordance with Labelcaster´s ordinary payment routines from time to time (payment will normally be made within thirty (30) calendar days following the end of the calendar month during which royalties were received by Labelcaster from the Third Party Music Service in question). Once payment has been credited to your Labelcaster account, you will be able to withdraw the outstanding amount at your discretion, by utilizing available payment methods, which may change from time to time, as described on Labelcaster’s website. Labelcaster may suspend payment in the event that any claiming party’s bank information/payment method is invalid, incorrect or incomplete. In the event that Labelcaster has reason to suspect, in its sole discretion, that your account is used and/or involved in fraudulent, infringing or illegal activities, Labelcaster reserves the right to discontinue payment of Total Royalty with respect to the Catalog (or part thereof) until resolution of the matter. You will be solely responsible for any bank transfer and third-party transaction fees or other charges related to such withdrawals.
6.4. Unless other payment arrangements are made between you and Labelcaster, Labelcaster shall remit payment of Total Royalty to you according to the settings, including Split Percentage, in your Labelcaster account. We, however, reserve the right, in connection with the aforesaid, to require signatures from all participants. Notwithstanding the foregoing, Labelcaster is always entitled to rely on the information you (including other participants) have provided with regard to the Split Percentage and to make payments in accordance with such Split Percentage. In the event of termination or expiry of a music license agreement between an Artist and Label, and where the Artist wishes to continue using the Service – with respect to an individual track or album or the entire Catalog – then the royalty share previously paid out to the Label will be distributed to the Artist/s pro rata in relation to their previous respective royalty shares, unless we are otherwise informed in writing by the Artist/s.
6.5. In case of termination/expiry of the Service and/or the Agreement (e.g. including your deletion of your Labelcaster account) and where we are unable to pay out Total Royalty due to the absence of valid payment information for a period of twelve (12) months or more following such termination, then Labelcaster will be entitled to retain, with full and unrestricted ownership, any such funds. In case we are informed in writing of a dispute or disagreement between claimants (including but not limited to a dispute or disagreement with respect to payment), we reserve the right not to process payment until: i) upon presentation of a final, non-appealable judgment or award issued by competent court or tribunal; or ii) upon presentation of other evidence to our satisfaction that all claimants are in agreement. We also reserve the right to apply a charge for administrative costs in relation to our handling of the aforesaid and/or any other disagreement or discussions, e.g. among the Content Distributor, Artist and Label.
6.6. Content Distributor shall have the right, during the term of the Agreement and for a period of three (3) months thereafter, to appoint a certified public accountant who has signed a confidentiality agreement on Labelcaster´s standard format for this purpose, to audit part of Labelcaster’s books and records to the extent reasonably required in order to verify the accuracy of such statements with respect to Total Royalty. Such audit may be made once a year, at Content Distributor’s expense, at the place where Labelcaster maintains such records. The audit shall be made during Labelcaster’s normal business hours and must furthermore, in so far as possible, be conducted so as not to disturb Labelcaster´s business operations and on at least thirty (30) days prior notice. All objections concerning payments hereunder shall be submitted by Content Distributor to Labelcaster in writing without undue delay when the Content Distributor has become aware, or should have become aware, of the circumstances forming basis for the objection and no later than within twelve (12) months after the date of payment, after which time objections and claims cannot be made. Without affecting the foregoing, any claim against Labelcaster related to the Agreement must be made without undue delay when the Content Distributor has become aware, or should have become aware, of the circumstances forming basis for the claim, but in no event later than twelve (12) months after the date of termination or expiry of the Agreement.
7. PROCESSING YOUR CONTENT AND RESPONSIBILITY FOR CONTENT
7.1. Subsequent to your acceptance of this Agreement, and your delivery of the digital files of the Music with accurate metadata and cover artwork that fulfill the requirements set forth on your Labelcaster account, Labelcaster may deliver the Music and applicable Digital Assets to the selected Third Party Music Services.
7.2. As between you and Labelcaster, you shall be solely responsible for the content in the Catalog, whether this has been created by you or by others, and for consequences of publishing the content through the Service. You may not submit any content in violation of Labelcaster´s Acceptable Use Policy (“AUP”), (which prohibits, inter alia, pornographic, infringing, harmful, racist, sexist, violent or illegal content). You may only submit content for which you have sufficient rights and licenses to permit distribution and use as set out herein (and you may in particular not submit any content in violation of any applicable music license agreement between you and other participants (e.g. between Artist and Label) or in violation of any similar arrangement). Although Labelcaster (and Third Party Music Services) may perform controls of a possible violation of the AUP with respect to the content in the Catalog, you acknowledge and agree that Labelcaster (and Third Party Music Services) is not under any obligation to do so and that we will not assume any responsibility or liability for controlling or monitoring possible violations. You – not Labelcaster – are solely responsible for your content. You agree to defend, indemnify and hold us harmless, without limitation in time, against all and any claim, damage or cost relating to content in your Catalog.
8. WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY
8.1. Each party warrants and represents to the other party that it has the right and authority to enter into and perform this Agreement, and that it will comply with all applicable laws in the performance of this Agreement. If you are representing a company or entity, you warrant that it has the full power and authority to enter into this Agreement and that it is fully authorized and capable of performing the obligations set forth in this Agreement. You further represent and warrant that the execution or performance of this Agreement will not conflict with or violate any agreement or understanding to which you or the company or entity you are representing are a party or violate the rights of others.
8.2. Additionally, you hereby warrant and represent that you own, control and/or administer the Music and the Digital Assets that they shall not infringe on the copyrights, trademarks, patents, moral rights, trade secrets, intellectual property rights, privacy rights, contractual rights, or other rights of any person or entity and, without limitation, that Labelcaster shall have the right to exploit the Catalog in all manner hereunder free from adverse claims and without any obligation to make any payment of any nature to any person or entity (other than transferring upon your request Total Royalty to you in accordance with this Agreement and, where applicable, any other expressly agreed payments).
8.3. You hereby agree to defend, indemnify, and hold Labelcaster harmless from and against any and all claims, damages, losses, costs, liabilities and expenses, including reasonable counsel fees and litigation expenses, arising out of any breach of the foregoing warranties and representations and arising out of any other breach of undertakings under these Terms and/or the Agreement. You also hereby agree to indemnify, defend, and hold Labelcaster and those authorized by Labelcaster to use and/or exploit the Catalog (including, without limitation, Third Party Music Services), harmless from and against any and all claims, damages, costs, liabilities, and expenses, including reasonable counsel fees and litigation expenses, arising out of the use of the Catalog as contemplated hereunder. The indemnities set out in the Terms (including the indemnities set out in this Section 8.3) are given without limitation in time unless otherwise stated and will thus continue to apply after the termination or expiry of the Agreement. If a claim is made, Labelcaster reserves the right to withhold payment of Total Royalty hereunder in an amount reasonably determined by Labelcaster in its sole discretion relating to the claim and potential expenses.
8.4. If you are acting for the benefit of, and/or as an agent or representative of an Artist, Label individual, group, or corporation, you and the parties that you represent shall be bound to the terms of this Agreement and shall be jointly and severally liable for your breach of the Agreement and for breach of the Agreement by any of the parties you represent.
8.5. LABELCASTER DISCLAIMS ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A GENERAL, PARTICULAR OR SPECIAL PURPOSE WITH RESPECT TO THE SERVICE OR OTHERWISE. IN ADDITION, LABELCASTER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF LABELCASTER’S WEBSITE OR THE SERVICE, WHICH IS PROVIDED “AS IS”. LABELCASTER IS NOT RESPONSIBLE FOR ANY ACCESS OR NON-ACCESS TO, OR USE OR NON-USE OF, THE CATALOG (OR ANY PART THEREOF) OR FOR NOT MAKING THE CATALOG, MUSIC OR ANY CONTENT AVAILABLE OR FOR THE SECURITY OF ANY THIRD-PARTY SERVICE PROVIDER. WE DISCLAIM ALL AND ANY LIABILITY AND RESPONSIBILITY FOR THIRD-PARTY PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, THIRD PARTY MUSIC SERVICES, PAYMENT PROVIDERS AND THIRD-PARTY APPS) AND FOR THE ACTS OR OMISSIONS BY ANY THIRD-PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR ANY ROYALTIES, FEES OR PAYMENTS DUE TO YOU, OR FOR DAMAGES OR LOSSES INCURRED BY YOU, TO THE EXTENT THAT SUCH ROYALTIES, FEES, PAYMENTS, DAMAGES OR LOSSES RELATE TO ANY AGREEMENT (WHETHER EXISTING, EXPIRED OR TERMINATED) BETWEEN US AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THIRD PARTY MUSIC SERVICES PROVIDERS) OR TO ACTS OR OMISSIONS OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, NON-PAYMENT OF NET ROYALTIES BY MUSIC PLATFORMS OR PAYMENT PROVIDERS). FOR THE AVOIDANCE OF DOUBT, WE ARE NOT LIABLE FOR ANY CONTRACTS BETWEEN YOU AND OTHER PARTIES (SUCH AS CONTRACTS BETWEEN ARTIST AND LABEL) OR FOR THE ABSENCE OF SUCH CONTRACTS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LABELCASTER, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, LICENSORS OR LICENSEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND. LABELCASTER´S AGGREGATE MAXIMUM LIABILITY RELATING TO THE AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL BE LIMITED TO THE GREATER OF (A) FIFTY (50) PERCENT OF THE TOTAL AMOUNT WE HAVE CHARGED YOU FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE-THOUSAND SWEDISH KRONOR (SEK 1,000). THE LIABILITY LIMITATIONS AND EXCLUSIONS SET OUT IN THESE TERMS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. IT IS POSSIBLE THAT CERTAIN DISCLAIMERS, LIMITATIONS OR EXCLUSIONS ARE NOT PERMITTED UNDER APPLICABLE LAW. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS IN THE TERMS MAY THEREFORE NOT APPLY TO YOU. YOU MAY ALSO HAVE ADDITIONAL RIGHTS PROVIDED TO YOU UNDER MANDATORY LAW.
8.6. Nothing in this Agreement removes or limits either party’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent not allowed to be removed by limited by applicable law.
8.7. Labelcaster provides a Service through the website and the app enabling you and other users to create a label, upload music or other content for distribution, connect Artists with Labels and managers and/or any other third parties. Furthermore, Labelcaster provides, through the Service, the possibility for you and such users, to enter into contracts and arrangements, by using sample contract templates uploaded by Labelcaster. Such sample contract templates are provided “AS IS” and for reference purposes only. They may be used by you at your own risk and liability. You are always entitled to use and upload your own contract/music license agreement. The agreement between artists, labels, managers and/or any third parties may for example include revenue Split Percentage, ownership of music, length of contract (contract term) and/or any other general or specific terms and conditions. You shall carefully review any contract between you and other users/parties in advance, prior to entering it, to ensure that all parts of the contract reflect what you have agreed with such party. You may need to amend or adjust contract drafts/templates, if they do not correctly reflect what you have agreed. You may also need to seek legal and other advice in order to assess your rights and obligations and for assistance with any amendments needed. Labelcaster, for the avoidance of doubt, is not part of any such agreements between you and other users/parties and will consequently not assume any responsibility for such agreements or for any dispute or disagreement between you and other parties. LABELCASTER WILL IN NO EVENT ASSUME ANY LIABILITY FOR SAMPLE CONTRACT TEMPLATES PROVIDED BY IT; OR FOR SUCH TEMPLATES BEING ADEQUATE, APPROPRIATE, FIT FOR A GENERAL OR INDIVIDUAL PURPOSE OR FREE OF OMISSIONS AND ERRORS (INCLUDING DRAFTING ERRORS). LABELCASTER´S SERVICES HEREUNDER DO NOT CONSTITUTE ANY LEGAL, COMMERCIAL, FINANCIAL OR OTHER ADVICE. LABELCASTER WILL CONSEQUENTLY NOT BE LIABLE FOR ANY DAMAGES, COSTS, FINES OR CLAIMS OF WHATEVER NATURE OR KIND IN CONNECTION WITH ANY SUCH AGREEMENTS. YOU ARE SOLELY RESPONSIBLE FOR CHECKING AND ASSESSING THE CONTENT AND THE ADEQUACY OF ANY SUCH CONTRACT BEFORE ENTERING INTO SAME. YOU ASSUME FULL RESPONSIBILITY AND WILL HOLD LABELCASTER HARMLESS WITH RESPECT TO ANY CLAIMS, PENALTIES, LOSS, DAMAGES OR COSTS RESULTING FROM ANY SUCH CONTRACT OR ITS EXPIRY OR TERMINATION.
9. COVENANT NOT TO SUE
9.1. In consideration of Labelcaster’s entering into the Agreement, you covenant and agree, in respect to the Catalog and the Service, not to bring, assert, pursue, maintain, join in or directly and/or indirectly support, assist, fund, lend resources to, or otherwise participate in any litigation, involving or asserting any claim based upon or alleging any form of copyright infringement arising from Labelcaster’s or any Third Party Music Service’s exploitation of the rights licensed by you to Labelcaster herein through the operation of the Service in accordance with this Agreement, that you have, had or may have against Labelcaster prior to the Effective Date, during the term of the Agreement or after its termination.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. No other right than a limited right to access and use the Service in accordance with the Terms is granted to you. Labelcaster and its licensors own and will retain all right, title and interest, including all intellectual property rights (including, without limitation, copyright, trademarks, service marks and logos; be it registered or non-registered) in and to the Service and its underlying technology, documentation and all and any improvements or development to it and to any related content (including, without limitation, texts, graphics, photographs, videos and interactive features, sounds and music), In the event that you submit comments, ideas or other feedback to us relating to the Service, we are entitled to use, develop and freely exploit any such feedback, in any manner, without any royalty and/or payment obligation or restriction of any kind (and, for the avoidance of doubt, any such feedback will not constitute your confidential information. Any such rights are provided to you “AS IS” solely for your personal use in connection with your utilization of the Service, and you may not use it for any purposes whatsoever.
11. CHANGES TO THE AGREEMENT
11.1. Occasionally, we may, at our discretion, make changes to the Agreement and/or in the Service. When we make material changes to the Agreement, 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.
12. ENTIRE AGREEMENT
12.1. Other than as stated in this Section or as explicitly agreed upon in writing between you and Labelcaster, the Agreement constitutes all the terms and conditions agreed upon between you and Labelcaster and supersede any prior agreements or arrangements in relation to the subject matter hereof, whether written or oral.
13. SEVERABILITY AND WAIVER
13.1. Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
13.2. Any failure by Labelcaster or any third-party beneficiary to enforce the Agreement or any provision thereof shall not constitute a waiver of Labelcaster’s or the applicable third-party beneficiary’s right to do so.
14. ASSIGNMENT
14.1. Labelcaster may assign the Agreement or any part of it, and Labelcaster may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of them, nor transfer or sub-license your rights under the Agreement, to any third party.
15. ADDITIONAL TERMS
15.1 In addition to your Agreement, the following additional provisions apply with respect to your use of any version of the app compatible with the applicable operating systems (e.g. Apple). Such terms, where applicable, are found in the operating system hosts’ app stores or websites.
16. CHOICE OF LAW AND JURISDICTION
16.1. The Agreement shall be governed by and construed in accordance with the laws of Sweden.
16.2. Any dispute or claim arising out of or in connection with the Agreement, shall be exclusively settled by the courts of Sweden, with the Stockholm District Court as the court of first instance.
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Last updated: 20230324
