Version 2021-03-10
Welcome to Corite!
This page explains our terms of use. When you use Corite, you’re agreeing to all the rules on this page. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations of what everything means.
By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Corite AB (together with its and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Corite”, “we”, “our” or “us”), you’re agreeing to these legally binding rules (the “Terms”).
If you choose to register an account we will ask that you consent to these Terms. You’re also agreeing to our Privacy Policy including our Cookie Policy. These Terms of Use, together with our Privacy Policy and our Cookie Policy are jointly referred to as the “Agreement”.
If you choose to back a Campaign (as a Backer), or if you choose to create a Campaign (as a Rightsholder), then you will enter into a legally binding Campaign Contract, for each such Campaign.
These Terms contain certain defined words and terms. Their meanings are stated here:
”Backer” is a user of the Services who has contributed financially to fund a Campaign under the terms and conditions of this Agreement.
”Campaign” is the offer to fund a Recording via Corite.
“Campaign Contract” is the legally binding contract between you and Corite, describing the estimated Net Revenues of the Recording(s) and the share of Net Revenues that may become payable to a Backer if the Recording funded by the Backer is successful and generates Net Revenues. The Campaign Contract is valid during the Campaign Term.
“Campaign Term” is a period of no longer than 12 months or as otherwise stated in the respective Campaign, starting from the first day the Recording funded by a Campaign is made available in the Stores through Digital Distribution via the Services.
“Corite Fee” is a fee of 5% applied to all Funding and Net Revenues.
“Digital Distribution” is the right to allow the selling and making use of Recordings via Stores for digital downloads, interactive and non-interactive streaming, cloud services and streaming-on-demand services or now known or hereinafter devised, similar means of making use of the Recordings as further provided for by this Agreement.
“Digital Distribution Term” is the period commencing on the date which a Recording is first made available for Digital Distribution via the Services and shall at least continue until the end of the Campaign Term.
”Funding” is the total net amount collected by Corite when a Campaign is successfully funded.
“Metadata” is 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.
“Net Revenues” are Corite’s actual receipts from Stores or its sub-licensees from the Digital Distribution of each Recording less (i) any tax, fee or other charge related to the sale or exploitation of the Recording, (ii) bank transfer, currency conversion and PayPal or other payment services transaction fees (if any), (b) fees, payments, distribution costs and fees payable by Corite to Stores, Digital Distribution partners or otherwise deducted from payments to Corite by Stores or Digital Distribution partners, (iii) any licensing fees and royalties payable to songwriters and publishing companies as well as for mechanical licenses and (iv) any other costs or charges related to the Digital Distribution or collection of Net Revenues.
“Recording” is any and all audio-only recordings that you submit to Corite through the Services under the terms of this Agreement, whether individual track, album, or EP.
”Rightsholder” is a professional individual or a company who is the creator of a Campaign on our Site and the Services for funding of one or more Recordings under the terms of this Agreement. A Rightsholder owns and controls all rights in and to such Recordings.
”Royalty” is the Net Revenues less; (i) a Corite Fee and (ii) the shares of Net Revenues payable to Backers (i.e. the percentage calculated by dividing the Funding with the Rightsholder’s estimated future Net Revenues, pursuant to a specific Campaign).
“Stores” are 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 Corite has, from time to time, entered into contractual relationship with.
“Territory” is the applicable territory specified for a specific Campaign (as a Rightsholder has notified us prior to Digital Distribution of the Recordings takes place). In the absence of any territorial limitations the Territory is the World.
1. Creating an Account
You can browse Corite without registering for an account. But to use some of the functions in the Services, you’ll need to register for an account, choose a username, and set a password. When you do that, the information you give us in your profile must be true, accurate and complete, and you always agree to keep it that way. You’re not allowed to impersonate anyone else or choose a name that is offensive, or that violates anyone else’s rights. If you don’t follow these rules, we may choose to suspend or cancel your account.
You’re responsible for all activities on your account, and also for keeping your username and password confidential. If you find out that someone has used your account without your permission, you should immediately contact our support.
To sign up for an account, you need to (1) be 18 or older, or be 13 or older and have your parent’s or guardian’s consent to the Agreement, (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Services are provided by us.
If we deem it necessary, we may ask you for proof of age.
If you register an account on behalf of a company, organization, or other entity (entity), then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized by such entity to grant all permissions and licenses provided in the Terms and to bind the entity to the Terms, and that you agree to the Terms on behalf of the entity.
Please review our Privacy Policy for information regarding security, confidentiality, and what we do with the data that you have provided to us.
The Services are provided on an “as is” and “as available” basis. We will always make a reasonable effort in ensuring that our Services are available. Should the Services be interrupted in any way, we will make a reasonable effort to correct the interruptions without delay. We do not warrant that use of the Services and the Site will be error-free or uninterrupted and we take no liability, whatsoever, for any errors, delays or interruptions that might occur when using our Services or Site.
2. Rules of Conduct - Things You Shouldn’t Do
We want everyone who loves music to use Corite and we expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on our Services:
- Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of Corite’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
- Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Corite or another party).
- Don’t abuse other users’ personal information. When you use Corite — and especially if you create a successful Campaign — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Campaign: don’t use it for other purposes, and don’t abuse it.
We also need to make sure that the Site is secure and our systems function properly.
- Don’t try to interfere with the proper workings of the Services.
- Don’t bypass any measures we’ve put in place to secure the Services.
- Don’t engage in any forced activity or systematic listening.
- Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Corite or another party.
- Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
- Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
- Don’t take apart or reverse engineer any aspect of the Services or any other service or system provided by us, in an effort to access things like source code, underlying ideas, or algorithms.
3. How Campaigns Work
Corite offers a distribution platform for Rightsholders of recorded music and a solution for other people (Backers) to join in Corite’s funding of a Rightsholder’s work. Each Rightsholder may create and initiate a Campaign for Corite’s funding of a specific Recording. When a Rightsholder posts a Campaign on Corite, we will invite Backers to participate in Corite’s funding of the Campaign. A Backer who wants to fund a specific Campaign (Recording) will enter into a Campaign Contract with Corite regulating the terms and conditions for the funding. All amounts on Corite may be shown in a number of different currencies to make it easier for each Backer, but each Campaign will have its goal specified in one currency from start to finish.
A Campaign contains information about the Rightsholder, the Recording(s) and what the purpose and funding goal is for the Campaign. It can include the full Recording or some other audio representation for users to listen to as part of deciding if they want to back the Campaign.
When a Campaign is successfully funded by Corite and before any payouts, the Rightsholder must provide all Materials, Metadata and Recording(s) to allow Corite to release the Recording(s) as soon as possible or at the date set out in the Campaign. Once a Rightsholder has done so, they’ve satisfied their first obligation to Corite in the specific Campaign. The second obligation is to share their Net Revenues with Corite as described in section 4 (How Funding Works). Corite will use this share of the Net Revenues to pay back the Backers in accordance with the applicable Campaign Contract.
Throughout the Campaign process, Rightsholders owe Corite and the Backers a high standard of effort, honest communication, and a dedication to bringing the music to the market. At the same time, Backers must understand that when they back a Campaign, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents a Rightsholder from being able to finish the Campaign as promised.
If a Campaign includes an estimated release date this is the Rightsholder’s own estimate. The release schedule may change as the Rightsholder works on the project described in the Campaign. We ask Rightsholders to think carefully, set a date they feel confident they can work toward, and communicate with Backers about any changes.
If a Rightsholder is unable to deliver finished Recording(s) when the Campaign has been successfully funded, they’ve failed to live up to the basic obligations of this Agreement. To right this failure, the Rightsholder must make every reasonable effort to remedy the situation including posting an update that explains what work has been done and what prevents them from finishing the campaign as planned. Most importantly, the Rightsholder will need to provide a date when the Recording will be made available to Corite.
Each Rightsholder is solely responsible for fulfilling its promises and commitments in their Campaigns. If the Rightsholder is unable to satisfy the terms of this Agreement and/or the Campaign Contract, the Rightsholder may be subject to legal actions.
4. How Funding Works
These are the terms that apply when you’re backing a Campaign:
- Funding is a loan. The funding that you provide for a specific Campaign is a loan to Corite. The only means of repayment of your loan is from the Net Revenues from a specific Recording and that Corite has received as part of the Agreement with the Rightsholder responsible for the Campaign. Any amount payable above the loan repayment is considered as interest for the loan.
- The valuation is fixed in the Campaign. Typically, the valuation of the Recording in a specific Campaign is based on its estimated revenues during the Campaign Term. This revenue estimate is made by the Rightsholder as part of setting up the Campaign. You can decide to back a Campaign even though you may believe it won’t achieve the commercial success the Rightsholder thinks, but still want to support it because you love the music.
- Backers market the music. As a Backer you are a very important factor in making the music a success. You are expected to promote the music in your personal network and perform other tasks that Corite may suggest to you with the aim for you to make a real difference together with other Backers. You are, in the eyes of Corite and the Rightsholder, part of a team.
- Backers get paid first. Backers get all Net Revenues offered in a Campaign, less the Corite Fee, until the Funding has been paid back in full. Each payout is decided by each Backer’s loan in proportion to the total Funding.
- All share the profit, if any. After the Funding has been paid back, a Backer’s share is decided by each Backer’s loan in proportion to the song valuation and as stated in the Campaign Contract. This way, the Rightsholder and Backer share the profit. Remember that there is a risk of a Campaign not generating any revenue at all and you should always make your decision to back a Campaign based on your wish to support and promote great music, not based on strictly financial reasons.
- You get a share during the Campaign Term. As a Backer you will retain your share of the Net Revenues as described above until the end of the Campaign Term, notwithstanding other parts of this Agreement to the contrary. After the end of the Campaign Term we will no longer share Net Revenues with you, but due to delay in the Stores reporting, any Net Revenues attributable to the Campaign Term will be shared with Backers up until 90 days after the end of the Campaign Term. If at the end of a Campaign there is unpaid loan, any such unpaid amount shall be considered forgiven and you waive all your rights for claiming any refund of such amount.
- You can change or cancel your funding at any time before the Campaign’s funding deadline (with one exception). During the last 24 hours of the Campaign, you can’t decrease or cancel your funding without contacting our customer support first — if that action would drop the Campaign below its Funding goal. Once the Campaign has been funded you can’t cancel or change your funding and the Rightsholder can’t revoke the obligation to share Net Revenues as set out in the Campaign, unless the Rightsholder causes the Campaign to terminate in accordance to this Agreement.
- The Funding deadline can be updated. The Rightsholder may change the Funding deadline. This will not change the Campaign Term.
- A Campaign can succeed in different ways. A Campaign is successful if the Funding goal is reached before its deadline. If the Rightsholder has set a fixed Campaign goal it means the full amount is required for the Campaign to be deemed a success.
- You get your money back when a Campaign does not succeed. If a Campaign does not reach a fixed goal, or if the Rightsholder chooses to cancel the Campaign before the Funding deadline, it will fail. At this point all Backers will get their funding back. Corite may offer Backers to fund other similar Campaigns, but if you don’t actively decide to do so, Corite will refund all such payments to you as set out in this Agreement.
- You can’t sell or otherwise transfer your loan to any other person or legal entity other than us. Your loan and any claims therewith are personal.
These are the additional terms that apply when you’re creating a Campaign:
- You set the funding goal. When creating a Campaign you effectively decide how much you are seeking to get as an advance on your future Royalty from the Recording(s). This becomes the Funding goal of the Campaign. A Corite Fee will be applied to the Funding amount if the campaign is successfully funded.
- You decide how much you want to share. Based on your own estimation of the Net Revenues during the Campaign Term you decide how much you are willing to share with Backers. If you have set a high Funding goal you will typically offer a bigger share in order for Backers to be able to get their money back, unless you believe you can achieve a big commercial success. During the Campaign Term, Corite will recoup the Funding first and pay back the Backers. Once that has been done in full, Backers will receive their share of the Net Revenues until the end of the Campaign Term.
- You can refund individual funding if you want. Before the Campaign has been successfully funded, you can cancel and refund a Backer’s funding at any time.
- You will distribute the music through Corite and for the full duration of the Digital Distribution Term. This way both you and the Backers will easily share the same daily trend and other performance data on Corite.
- You can cancel the Campaign. You can cancel the Campaign after it has started, in which event we will refund any accrued Funding to Backers. If you cancel a Campaign after it has been fully funded you will need to compensate Corite and its Backers as set out in section 21 (Early terminations).
- Don’t assume you’ll be able to immediately collect your Funding, as there may be a delay between the end of a successful Campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the Funding until you actually have the ability to withdraw it from your account and spend it.
5. Digital Distribution of Recordings – Rightsholders
As a Rightsholder, and the sole and exclusive representative of all rights in the Recording(s), as further described in this Agreement, you may choose to use our Site and Services in order for us to deliver certain Digital Distribution services of your Recordings and connected Materials via Stores. If you choose to use our Services for Digital Distribution of Recordings and upload your Recording(s) to our Site and Services, you grant to us the rights listed below under section 5.1 and make certain warranties in relation to your Recordings, as described in section 5.2.
5.1. Grant of rights to us
If you choose to upload your Recording(s) for Digital Distribution via our Services, you grant us the following rights.
In consideration of the Royalty payable to you under this Agreement and the Services provided by Corite (or one or more of our sub-contractors) in respect of the Digital Distribution of your Recording(s) and all services associated with such Digital Distribution pursuant to this Agreement, you grant to us, and our sub-contractors:
- an exclusive, irrevocable, transferable worldwide license (with a right to sub-license) during the Digital Distribution Term to:
- ingest, store, deliver, create digital master files, convert, adapt, encode and transcribe, use, reproduce, compile, distribute, display, publicly perform, communicate to the public, exhibit, broadcast, synchronise, transmit and make available the Recording(s) and other Materials for distribution through the Stores by means of, without limitation, permanent downloads, temporary and/or conditional downloads, interactive streaming, non-interactive streaming and on so called “cloud” or “locker” services;
- create specific ID files, including through fingerprinting, to identify your Recordings on Stores’ servers;
- perform Metadata corrections (including spelling and genre correction) where necessary;
- subject always to your prior written consent, create derivative works of your Recording(s) on certain Stores where such Stores provide for the creation and monetisation of remixes and other derivative works
- following your prior approval, a right to sub-license the Recording(s) to a third-party within the whole or a specific part of the Territory for Digital Distribution.
- a non-exclusive, worldwide, royalty-free license to and to authorise the Stores during the Digital Distribution Term to use, perform and make available clips of your Recordings, artwork, any trademarks, service marks or trade names relating to you and the name, images and likeness of you and the band/artist whose performances are embodied in the Recordings in advertising, marketing and promotional materials related to your Recordings on the Site, our distribution partner’s website, the Stores and their related websites and social networks’ profiles only; and
- all necessary consents and rights including, without limitation, under the Swedish Act on Copyright in Literary and Artistic Works (1960:729) (“Act”) and any amendment or re-enactment thereof, to enable us to make the fullest possible use of the Recordings and other Materials (including without limitation the right to collect all income deriving from the Recordings distributed by us) in accordance with the provisions of this Agreement including without limitation any and all consents required under the Act. For the avoidance of doubt, you will maintain ownership of your copyright at all times.
To the extent you own or control any part of the publishing rights in any of your Recordings, you agree not to withhold such rights in any way that could frustrate the purpose of Corite’s or our Digital Distribution partner’s (as applicable) agreements with the Stores in so far as it relates to the Digital Distribution of your Recordings via such Stores.
You agree that you will not use the Site or the Services to distribute, transmit or store any files or material that infringe copyrighted works or otherwise violate or promote the violation of the intellectual property rights of any third party. You agree that you will at all times abide by this Agreement. You acknowledge and agree that Corite may disable access to and/or terminate your account and/or remove or disable access to any Recordings or Materials you provide to us in the event that: (a) we have reason to believe (acting reasonably) that you have failed to clear any rights or pay any royalties in connection with any Recordings or Materials; or (b) in our reasonable opinion, the continuing availability of such Materials on the Stores may result in a liability to us; (d) such Materials contravene this Agreement or are the subject of any suspected fraudulent activity, or (d) we receive any claim that, if true, would constitute a violation of your warranties hereunder.
Any and all rights granted to us above, are granted on a royalty-free license basis. This includes the use of any lyrics of the Recordings, if you have submitted any.
5.2. Your obligations and warranties
When you upload your Recordings through our Services, you are asked to submit Metadata as well as Materials necessary for release of Recordings via the Stores. You submit the Recordings, Materials and Metadata and any other information and materials at your own expense and in formats required for use on the Stores.
You are fully responsible for everything you submit to us. If we find anything you deliver to us unsuitable, we reserve the right to, in our sole discretion, remove the information and/or prevent you from using our Services and/or remove your Recordings from any or all Stores.
You warrant, agree and undertake on behalf of yourself that:
- all of the Recordings, Materials and Metadata and any other materials you provide to us are original to you and have not been copied from any third party;
- you own or control all rights in the Recordings, Materials and Metadata and that, in respect of any third party material embodied therein, you have obtained and will maintain at all times all licenses, permissions, consents or other authorisations (and you shall make any payments due in respect thereof) as are required for the Digital Distribution and to grant us the rights specified in this Agreement;
- the Materials and the use thereof as contemplated under this Agreement do not and will not infringe any copyright, trademark, design, database, publicity or other proprietary or intellectual property rights of any third party;
- the Materials do not include any material which is unlawful, harmful, threatening, defamatory of any party, obscene, facilitates illegal activity, harassing or racially or ethnically offensive;
- you will not submit any Recordings which embody compositions forming part of a dramatico-musical work such as an opera, operetta, ballet, musical, musical play or work of a similar nature;
- you are over the age of 18 (or, if you are 13 or older you have your parent’s or guardian’s consent to the Agreement) and 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 expressed in this Agreement to be granted to us;
- the Materials do not contain any viruses or other programming routines that would detrimentally interfere with computer systems or data;
- you will be solely responsible for the payment and reporting of any and all royalties, fees and other remuneration to all persons or entities (including, without limitation, artists, producers, vocalists, musicians etc) that are entitled to such payments, e.g. persons or anyone participating on or rendering services in the making of the Recording(s), as well as for securing and paying for any and all clearances in relation to the Digital Distribution of the Recording(s); and
- you will be solely responsible for reporting all earnings via our Services to the relevant tax authority and all subsequent taxes payable in respect of your use of our Services.
Further to the above warranties and obligations, you acknowledge and agree that:
- You shall provide accurate contact details for you and/or your representative(s). If supplied payment details are inaccurate any monies paid to you using these incorrect details shall be forfeited.
- You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all data, including Metadata and any publishing and performer metadata, you submit to us;
- You will ensure that your Recordings are technically satisfactory for exploitation on the Stores and comply with any content guidelines and general policies of our distribution partner and the Stores (which can be provided to you on request).
6. Reporting and payouts
All payments due will be credited to your account on our Site and shall be paid out (through third-party payment providers) on your request. Your current balance is displayed each time you log into your Corite account. Your account also includes other performance data, such as daily trends as reported by the Stores. This trend data may be used to estimate future revenues in your account, but are not actual verifications of future payouts.
You agree that Net Revenues are subject to the conditions and pro rata provisions as agreed in each agreement Corite has entered into with the Stores. The price is determined by us and the Stores, in our sole discretion.
The Stores report the earned Net Revenues to us. Any payments due will be credited to your Corite account monthly. Any shares of Net Revenues payable to Backers and Royalty payables to Rightsholders refer to previous months as reported to us by the Stores, after we’ve received payment from the Stores and processed the payments. Each Store has their own timeline delay of reporting your earned Net Revenues, usually between 2-3 months. When an amount has been credited to your account, you are able to request to withdraw the money. Do note that due to the reporting delay, you will not receive any amounts during your first month(s) until Corite has received the first reports and payments from the Stores.
There is no minimum amount you can withdraw, but the transaction fees may result in small amounts being net zero. The payout process takes about 3-5 business days. We will do our best to comply with this.
The payout method currently used is PayPal. You must hold a PayPal account to be able to receive your payout in the currency used from time to time at Corite. Corite reserves the right to add and change method of payout. If your PayPal account information has changed, it is your responsibility to inform Corite about the changes. We reserve the right to withhold a payout should we suspect that the PayPal information is incorrect or that an unauthorised person has accessed your account.
Should a Store report the wrong amount, however great, of payments, Corite reserves the right to retroactively amend this and charge your account in case you have been overpaid.
7. Stores
Corite has entered into separate agreements with different Stores or Digital Distribution partners for the purpose of Digital Distribution of Recordings. Prior to distribution, you may choose which of the Stores you want your Recording(s) to be delivered to for Digital Distribution. The separate agreements that Corite enter into with the Stores or its Digital Distribution partners shall determine the conditions on which your Recording(s) are sold or made available. The Stores which Corite has applicable agreements with for Digital Distribution of sound recordings may vary from time to time. Therefore, Corite cannot guarantee the sale and/or exploitation of the Recording(s) in any particular Store. Corite assumes no liability if your Recordings are not made available in a particular Store. Corite assumes no liability for any interruptions, delays, errors or any suspensions of access, reports or payouts, in the Stores, neither in whole nor in part.
When uploading your Recordings for Digital Distribution by using our Services, you may set a date for the release of your Recording(s). However, each Store or Digital Distribution partner determines the delivery time for the distribution of your Recording(s) and may as such apply a different release date for your Recording. We do not assume liability for the delivery times of the Stores or our Digital Distribution Partners.
8. Our Fees
Creating an account on Corite is free.
We charge a service fee on each funding transaction to cover any fees from our payment providers. Our payment providers’ fees may vary slightly based on your location. Typically our payment providers’ fees will not be possible to refund.
The Corite Fee will be applied to the Funding amount when a campaign is successfully funded and to all Net Revenues.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Each payment provider is its own company, and Corite isn’t responsible for their performance.
You’re responsible for paying any additional fees or taxes associated with your use of Corite and any payments you receive from using our Services.
9. Intellectual Property
Nothing in this Agreement shall constitute an assignment or transfer of ownership in intellectual property rights originally held by Corite or Rightsholders respectively.
Corite
The content on Corite’s Site and Services is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Corite’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Corite grants you a license to reproduce content from the Services for personal use only. This license covers both Corite’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Corite or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
Rightsholders
The Recordings and Materials delivered by a Rightsholder for Digital Distribution is and will remain the Rightsholder’s intellectual property and nothing in this Agreement shall constitute an assignment of rights to Corite or otherwise. If a Rightsholder chooses to deliver its Recording(s) for Digital Distribution through Corite’s Services, then Corite is granted certain time-limited rights to Digital Distribution of the Recording(s), including the Materials, and such rights granted to Corite are subject to the conditions agreed in this Agreement.
Backers
Backers do not get any part of the ownership, rights or control in and to the Recordings and this Agreement does not give Backers any claim to any title or ownership in the Recordings or the rights therein.
10. Warranty Disclaimer
Music is a work of art. This means there are no guarantees that a Recording will be commercially successful. Regardless of how much you have provided as funding for Campaigns on Corite they could theoretically never generate substantial Net Revenues. You should only back a Campaign if you believe you can risk losing your funding, in effect, giving the funding away as a contribution to the Rightsholder.
Corite does not recommend or endorse Campaigns, artists or tracks, give advice or any guarantees, and we do not have responsibility for the valuation of the Recording(s) which is set by the Rightsholder in a Campaign.
Every track is a beautiful and unique snowflake. So is the artist, the team working with the artist, the cover art designer and, for that matter, the roadie. All things may influence the sales performance of the music, none of which Corite take any responsibility for.
We have no special relationship with or fiduciary duty to you. You use our Services solely at your own risk. You acknowledge that we have no control over, and no duty to take any action regarding: which users gains access to the Site; what content you access via the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Corite from all liability for you having acquired or not acquired content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Corite makes no representations concerning any content contained in or accessed through the Site, and Corite will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. The Site and the Services are provided "as is" and "as available” and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Corite, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CORITE SHALL CREATE ANY WARRANTY.
11. Limitation of Liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO UNINSTALL ANY CORITE SOFTWARE, TERMINATE YOUR ACCOUNT AND TO STOP USING THE SITE AND THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CORITE, STORES, DIGITAL DISTRIBUTION PARTNERS, OR ANY OF THEIR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE CORITE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CORITE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CORITE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN €1,000 (one-thousand EURO), TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
12. Indemnification
YOU SHALL INDEMNIFY AND HOLD HARMLESS CORITE, ITS SUBSIDIARIES AND AFFILIATES (INCLUDING ANY DIRECTORS, MEMBERS, EMPLOYEES, MEMBERS AND OTHER REPRESENTATIVES) AND THE STORES AS WELL AS OUR DIGITAL DISTRIBUTION PARTNERS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, LEGAL EXPENSES AND COUNSEL FEES, ARISING OUT OF ANY BREACH OR ALLEGED BREACH BY YOU OF THE ABOVE WARRANTIES AND REPRESENTATIONS AND/OR USE OF THE RECORDINGS OR MATERIALS AS PERMITTED HEREUNDER.
13. International/Non-Sweden Use
We make no representation that the Site or the Services are appropriate or available for use in locations outside of Sweden and accessing the Site or the Services is prohibited from territories where the Services are illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.
14. Confidentiality
You agree that in the course of dealing with us pursuant to this Agreement you may become aware of confidential information relating to our business or the business of Stores or our Digital Distribution partners. You shall keep such information confidential, except to the extent that such information is already in the public domain or is required to be shared by operation of law.
You agree that we shall have the right to provide information related to the usage and sales of Recording(s), together with any supplementary data that we collect on your behalf as part of the Service, to third parties including but not limited to our Digital Distribution partner as we may appoint and the Rightsholder and Backer’s as described in our Privacy Policy.
15. Events outside of our control (Force Majeure)
Corite takes no liability or responsibility for any failure in providing any of our Services, if they are caused by an event outside Corite’s control. Force Majeure means an event beyond our control which prevents us from complying with any obligations under this Agreement. These events include, but are not limited to, fires, earthquakes, tidal waves, floods, war, hostilities, invasion, embargo, revolution, civil war, riot, strikes, lockouts, acts or threats of terrorism, commotion, failures of public or private telecommunication networks, third party force majeure and an epidemic.
Should an event of Force Majeure occur, Corite will notify you as soon as reasonable and give an estimate when due fulfilment can be expected. You may cancel your Services with us if your Service is affected by Force Majeure and if it has continued for more than 90 days.
16. Third-Party Sites
If you follow a link from our Site to another website, what happens there is between you and them — not us.
Our Site may contain links to other third-party websites (for instance, campaign pages, user profiles, and comments may link to other sites). When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Corite partners with other companies (such as Stripe, PayPal and Swish) for payment processing. When you back or create a campaign, you’re also agreeing to the payment provider’s terms of service, which is a separate agreement between you and the payment provider.
17. Assignment, Transfer and Sub-contracting
We may freely transfer or sub-contract the Services to any Digital Distribution partner or other entity within our corporate group. We may also assign, sub-contract and/or transfer our rights and obligations under this Agreement wider than this to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or the obligations to you under this Agreement. You may not assign this Agreement or any part of the Agreement, nor transfer or sub-license your rights granted to us under the Agreement, to any third party.
18. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and us, this Agreement, including each Campaign Contract, constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of this Agreement and the Campaign Contract, whether written or oral.
19. Severance
Each of the sections, paragraphs and sub-paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections, paragraphs and sub-paragraphs will remain in full force and effect.
If a party hereto fails to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Please note, however, that other aspects of your use of the Site or the Services that we offer may be governed by additional agreements. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and this Agreement, the additional terms shall prevail.
20. Choice of law and disputes
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement, each Campaign Contract (and any non-contractual disputes/claims arising out of or in connection with them), together with our Site and Services, will be governed by the substantive laws of Sweden and any dispute regarding the aforementioned shall be submitted to the exclusive jurisdiction of the District court of Stockholm, Sweden.
In the event of a dispute between you and us arising out of this Agreement or a Campaign Contract, you and we undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing litigation.
21. Early terminations
As much as we’d like everything to last forever, few things do. Therefore there are ways to end Campaigns and the Digital Distribution of Recordings earlier than intended, as long as we make sure everyone gets fair compensation.
Termination of the Digital Distribution Term
The Digital Distribution Term may be terminated by a Rightsholder upon 14 days written notification (including notification by email) of such termination providing there are no outstanding payments due to us and the Campaign Term has ended or been terminated at the same time (as described below).
The Digital Distribution may be terminated by us upon 14 days written notification (including notification by email).
Upon termination, we shall instruct our partners to remove the applicable Recordings from all Stores but we will not be responsible for third-party exploitation after the removal instruction has been sent.
Early termination of the Campaign Term
The Campaign Term may be terminated by a Rightsholder upon 14 days written notification (including notification by email) to Corite, after our receipt of such notification and after our written confirmation of the same. However, the early termination will only come into effect after we receive from the Rightsholder the following:
- an amount equal to the Funding which has not yet been repaid (if any) to the Backers plus the Corite fee on that amount; as well as
- a further amount equal to the total Net Revenues less Royalty until the termination date (if any), plus an amount equal to the amount described in i) above.
The amounts above, excluding the Corite fee, shall be shared by Corite with the Backers of the terminated Campaign Term as if these payments were Net Revenues.
By ensuring that Backers who have supported a Campaign are compensated, as described above, we hope that we can ensure that Rightsholders can end Campaigns early and that Backers will be compensated fairly in such case. In practice this means that the minimum compensation is double the Funding amount and in all other cases double the amount received up until the termination date. No other compensation will be paid in connection with Early Termination of a Campaign Term.
The Campaign Term may be terminated by us upon 14 days written notification (including notification by email). For the early termination to come into effect we will pay the same amounts to the Backers as if the Rightsholder had requested the termination.
Refunds in case of suspension of Services
In the event of our cancellation of the Services, and if you are a Backer, you may be entitled to a refund. The refund cannot exceed the sums actually paid by you to us. In such event, we shall refund to you what you have paid to us less an amount which is in proportion to what has been performed by us until we have communicated to you our termination of the Agreement together with any unpaid shares of Net Revenues which may have become payable to you during the period between the formation of the Agreement between you and us and until the cancellation the Services.
Pledge
As security for your right to payment as a Backer under Campaign Contract(s), Corite AB hereby pledges to you a share of its assets, including any accrued and future Net Revenues, equal to your claim’s proportional share of all Backers' claims against Corite AB (the “Pledge”). At the same time, you hereby give Corite Holding AB the right to manage the Pledge and represent you in all matters concerning the Pledge, including entering into agreements with a bankruptcy trustee in Corite AB. Corite Holding AB undertakes to manage the Pledge in a way that is as fair and as favourable to all Backers as is reasonably possible and will not give an individual Backer undue benefits over others.
22. Account termination and suspension
If you are a Backer or a Rightsholder, you will need to have an account with us for the duration of the Campaign Term and the Digital Distribution Term. Please contact us our support for any questions regarding your account.
If you are not currently involved in a Campaign or Digital Distribution of Recording(s), either as a Backer or a Rightsholder, you can terminate your account at any such time by contacting our support. We may retain certain information as required by law or as necessary for our legitimate business purposes.
All provisions of this Agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. For instance, if you’ve launched a Campaign, deleting your account will not automatically remove the Campaign from the Site. You can contact our support for additional information or to request Campaign deletion (this is not available in all circumstances).
Account suspension
We have the right to suspend your account, terminate this Agreement in relation to you without notice and or withhold payments or refunds following any behavior deemed by us as fraudulent, threatening, disrespectful or otherwise carried out by you or any associated parties or which we deem to be in breach or in violation of our Rules of Conduct (as described in section 2 (Things you shouldn’t do) above). Further, in the event that there is any third party claim made against us, any of our associated companies or sub-contractors, in respect of the Recordings or otherwise, without prejudice to any other rights we may have, we reserve the right to withhold payments from you until such claim is resolved.
Corite reserves these rights:
- We can make changes to the Corite Site and Services without prior notice to you and without any liability for Corite towards you.
- We have the right to decide who’s eligible to use Corite. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Corite in that jurisdiction.
- We have the right to cancel any funding to any Campaign, at any time and for any reason.
- We have the right to reject, cancel, interrupt, remove, or suspend any Campaign at any time and for any reason.
- We have the right to reject Recordings or any associated Materials uploaded to the Site or the Services by you.
Corite is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
23. Changes to the Agreement
We may change this Agreement from time to time. All such changes and amendments to the Agreement will be effective from the date on which they are posted on the Site (except where local applicable law requires a longer notice period or other requirements) and every time you order Services from us, the conditions of the Agreement in force at the time will apply to the contract between you and us. We’ll let you know about any material changes or amendments to the Agreement, either by notifying you on the Site or by sending you an email. New versions of the terms included in the Agreement will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Corite after a change has been made and notified, that means you accept the new terms in the Agreement.
If you are a Rightsholder or a Backer and we have to revise the conditions of the Agreement as they apply to the Services we provide to you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Agreement if you are not happy with the changes.
You may not alter the terms and conditions of this Agreement.
24. Contact Us
Thank you for reading our Terms of Use. If you have any questions about these Terms, please contact our support or by writing to us at the following address:
Corite AB
Igeldammsgatan 22C
112 49 Stockholm
Sweden
Hope you enjoy Corite!
Version 2020-06-22
Welcome to Corite!
This page explains our terms of use. When you use Corite, you’re agreeing to all the rules on this page. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations of what everything means.
By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Corite AB (together with its and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Corite,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). If you choose to register an account we will ask that you consent to these Terms. You’re also agreeing to our Privacy Policy including our Cookie Policy. These Terms of Use, together with our Privacy Policy and our Cookie Policy are jointly referred to as the “Agreement”. If you choose to back a Campaign (as a Backer), and if you choose to create a Campaign (as a Rightsholder), then you will enter into a legally binding Campaign Contract for each such Campaign.
These Terms contain certain defined words and terms. Their meanings are stated here:
”Backer” is a user who has contributed financially via our Site and Services to fund a Campaign under the terms and conditions of this Agreement.
”Campaign” is the offer to fund Recordings on Corite.
“Campaign Contract” is the legally binding contract describing the estimated Net Revenues of the Recording(s) and the share of Net Revenues that may become payable to Backers if the Recording(s) are successful and generate Net Revenues. The Campaign Contract is valid during the Campaign Term.
“Campaign Term” is a period of no longer than one year or as stated in the respective Campaign, starting from the first day the Recording funded by a Campaign is made available in the Stores through Digital Distribution via Corite.
“Corite Fee” is a fee of 5% applied to all Funding and Net Revenues.
“Digital Distribution” is the right to allow the selling and making use of sound recordings via Stores for digital downloads, interactive and non-interactive streaming, cloud services and streaming-on-demand services or now known or hereinafter devised, similar means of making use of the Recordings as further provided for by this Agreement.
“Digital Distribution Term” is the period commencing on the date which a Recording is first made available for Digital Distribution via Corite and shall at least continue until the end of the Campaign Term.
”Funding” is the total net amount collected by Corite when a Campaign is successfully funded.
“Metadata” is 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.
“Net Revenues” are Corite’s actual receipts from Stores or its sub-licensees from the Digital Distribution of Recordings less (i) any tax, fee or other charge related to the sale or exploitation of the Recordings, (ii) bank transfer, currency conversion and PayPal or other payment services transaction fees (if any), (b) fees, payments, distribution costs and fees payable by Corite to Stores, Digital Distribution partners or otherwise deducted from payments to Corite by Stores or Digital Distribution partners, (iii) any licensing fees and royalties payable to songwriters and publishing companies as well as for mechanical licenses and (iv) any other costs or charges related to the Digital Distribution or collection of Net Revenues.
“Recordings” are any and all audio-only recordings that you submit to Corite by uploading through the Services and under the terms of this Agreement, whether individual tracks, albums, EPs.
”Rightsholder” is a professional individual or a company who has created a Campaign on our Site and Services for funding of one or more Recordings under the terms of this Agreement. A Rightsholder owns and controls all rights in and to such Recordings.
”Royalties” are the Net Revenues less (i) a Corite Fee and (ii) the shares of Net Revenues payable to Backers (i.e the percentage calculated by dividing the Funding with the Rightsholder’s estimated future Net Revenues, as set out in a Campaign).
“Stores” are 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 Corite has, from time to time, entered into an Agreement with.
“Territory” is the world or specified applicable territory as a Rightsholder may notify us prior to Digital Distribution of the Recordings takes place.
1. Creating an Account
You can browse Corite without registering for an account. But to use some of Corite’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be true, accurate and complete, and you agree to keep it that way at all times. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may choose to cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account without your permission, you should contact our support.
To sign up for an account, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreement, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Services are available.
If we deem it necessary, we may ask you for proof of age.
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 Terms and bind the entity to the Terms, and that you agree to the Terms on the entity’s behalf.
Please review our Privacy Policy for information regarding security, confidentiality, and what we do with the data you provide us.
We will always make a reasonable effort in ensuring that our Services are available. Should the Services be interrupted in any way, we will make a reasonable effort to correct the interruptions without delay. We are, however, not liable for any errors, delays or interruptions that might occur.
2. Rules of Conduct - Things You Shouldn’t Do
We want everyone who loves music to use Corite and we expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
- Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of Corite’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
- Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Corite or another party).
- Don’t abuse other users’ personal information. When you use Corite — and especially if you create a successful Campaign — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Corite campaign: don’t use it for other purposes, and don’t abuse it.
We also need to make sure that the Site is secure and our systems function properly.
- Don’t try to interfere with the proper workings of the Services.
- Don’t bypass any measures we’ve put in place to secure the Services.
- Don’t engage in any forced activity or systematic listening.
- Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Corite or another party.
- Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
- Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
- Don’t take apart or reverse engineer any aspect of Corite in an effort to access things like source code, underlying ideas, or algorithms.
3. How Campaigns Work
Corite provides a funding platform for recorded music and this is done using Campaigns created by Rightsholders. When a Rightsholder posts a Campaign on Corite, they’re inviting other people to form a contract with Corite on those terms. Anyone who backs a Campaign is accepting the Rightsholder’s offer as presented in the Campaign and forming the Campaign Contract.
A Campaign contains information about the Rightsholder, the Recording(s) and what the purpose and funding goal is for the Campaign. It can include the full Recording or some other audio representation for users to listen to as part of deciding if they want to back the Campaign.
When a Campaign is successfully funded, the Rightsholder must provide all Materials, Metadata and Recording(s) to allow Corite to release the Recording(s) as soon as possible or at the date set out in the Campaign. Once a Rightsholder has done so, they’ve satisfied their first obligation to Corite in the specific Campaign. The second obligation is to share their Net Revenues with Corite as described in section 4 (How Funding Works). Corite will use this share of the Net Revenues to pay back the Backers.
Throughout the process, Rightsholders owe Corite and its Backers a high standard of effort, honest communication, and a dedication to bringing the music to the market. At the same time, Backers must understand that when they back a Campaign, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents a Rightsholder from being able to finish the Campaign as promised.
If a Campaign includes an estimated release date this is the Rightsholder’s own estimate. The release schedule may change as the Rightsholder works on the project described in the Campaign. We ask Rightsholders to think carefully, set a date they feel confident they can work toward, and communicate with Backers about any changes.
If a Rightsholder is unable to deliver finished Recording(s) when the Campaign has been successfully funded, they’ve failed to live up to the basic obligations of this Agreement. To right this, they must make every reasonable effort to remedy the situation including posting an update that explains what work has been done and what prevents them from finishing the campaign as planned. Most importantly, the Rightsholder will need to provide a date when the Recording will be made available to Corite.
The Rightsholder is solely responsible for fulfilling the promises made in their Campaign. If they’re unable to satisfy the terms of this Agreement and/or the Campaign Contract, they may be subject to legal action by Corite and/or Backers.
4. How Funding Works
These are the terms that apply when you’re backing a Campaign:
- Funding is a loan. The funding you provide is a loan to Corite. The only source of repayment comes from the Net Revenues less the Corite Fee for the respective Recording(s) that Corite has retained as part of the Agreement with the Rightsholder. Any amount above the loan repayment is interest.
- The valuation is set by the Rightsholder. Typically the song valuation is based on the estimated revenues it will make during the Campaign Term. This estimate is made by the Rightsholder as part of setting up the Campaign. You can decide to back a Campaign even though you may believe it won’t achieve the commercial success the Rightsholder thinks, but still want to support it because you love the music.
- Your share depends on the song valuation. The amount you contribute with as funding in proportion to the song valuation will decide the share of the future revenues you will receive during the Campaign Term. Until the Funding has been paid back, Backers get all Net Revenues less the Corite Fee. After that, each backer gets their respective share of any additional Net Revenues.
- The song performance decides the outcome. If the Net Revenues exceed the Funding you will make a profit in the form of interest on your loan. This means that it’s not important if the valuation is high or low, but if the song can perform as the Rightsholder estimated.
- You can change or cancel your funding at any time before the Campaign’s funding deadline (with one exception). During the last 24 hours of the Campaign, you can’t decrease or cancel your funding without contacting our customer support first — if that action would drop the Campaign below its Funding goal. Once the Campaign has been funded you can’t cancel or change your funding and the Rightsholder can’t revoke the obligation to share Net Revenues as set out in the Campaign, unless the Rightsholder causes the Campaign to terminate in accordance to this Agreement.
- The Funding deadline can be updated. The Rightsholder may change the Funding deadline. This will not change the Campaign Term.
- A Campaign can succeed in different ways. A Campaign is successful if the Funding goal is reached before its deadline. If the Rightsholder has set a fixed Campaign goal it means the full amount is required for the Campaign to be deemed a success.
- You get your money back when a Campaign fails. If a Campaign does not reach its Funding goal, or if the Rightsholder chooses to cancel the Campaign before the Funding deadline, it will fail. At this point all Backers will get their funding back. Corite may offer Backers to fund other similar Campaigns, but if you don’t actively decide to do so, Corite will refund all such payments to you as set out in this Agreement.
- You get a share during the Campaign Term. As a Backer you will retain your share of the Net Revenues as described above until the end of the Campaign Term, notwithstanding other parts of this Agreement to the contrary. After the end of the Campaign Term we will no longer share Net Revenues with you.
- You can’t sell or otherwise transfer your loan to any other person or legal entity other than Corite.
These are the additional terms that apply when you’re creating a campaign:
- You set the funding goal. When creating a campaign you effectively decide how much you are seeking to get as an advance on your future royalties from the Recording(s). This becomes the Funding goal of the Campaign. A Corite Fee will be applied to the Funding amount if the campaign is successfully funded.
- You decide how much you want to share. Based on your own estimation of the Net Revenues during the Campaign Term you decide how much you are willing to share with Backers. If you have set a high Funding goal you will typically offer a bigger share in order for Backers to be able to get their money back, unless you believe you can achieve a big commercial success. During the Campaign Term, Corite will recoup the Funding first and pay back the Backers. Once that has been done in full, Backers will receive their share of the Net Revenues until the end of the Campaign Term.
- You can refund individual funding if you want. Before the Campaign has been successfully funded, you can cancel and refund a Backer’s funding at any time.
- You will distribute the music through Corite and for the full duration of the Digital Distribution Term. This way both you and the Backers will easily share the same daily trend and other performance data on Corite.
- You can cancel the Campaign. You can cancel the Campaign after it has started, but not after it has reached its goal, without compensating Corite and its Backers as set out in section 21 ( Early terminations).
- Don’t assume you’ll be able to immediately collect your Funding; there may be a delay between the end of a successful Campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the Funding until you actually have the ability to withdraw it from your account and spend it.
5. Digital Distribution of Recordings – Rightsholders
As a Rightsholder, and the sole and exclusive representative of all rights in the Recording(s), as further described in this Agreement, you may choose to use our Site and Services in order for us to deliver certain Digital Distribution services of your Recordings and connected Materials via Stores. If you choose to use our Services for Digital Distribution of Recordings and upload your Recording(s) to our Site and Services, you grant to us the rights listed below under section 5.1 and make certain warranties in relation to your Recordings, as described in section 5.2.
5.1. Grant of rights to us
If you choose to upload your Recording(s) for Digital Distribution via our Services, you grant us the following rights.
In consideration of the Royalties payable to you under this Agreement and the Services provided by Corite (or one or more of our sub-contractors) in respect of the Digital Distribution of your Recording(s) and all services associated with such Digital Distribution pursuant to this Agreement, you grant to us, and our sub-contractors:
- an exclusive, irrevocable, transferable worldwide license (with a right to sub-license) during the Digital Distribution Term to:
- ingest, store, deliver, create digital master files, convert, adapt, encode and transcribe, use, reproduce, compile, distribute, display, publicly perform, communicate to the public, exhibit, broadcast, synchronise, transmit and make available the Recording(s) and other Materials for distribution through the Stores by means of, without limitation, permanent downloads, temporary and/or conditional downloads, interactive streaming, non-interactive streaming and on so called “cloud” or “locker” services;
- create specific ID files, including through fingerprinting, to identify your Recordings on Stores’ servers;
- perform Metadata corrections (including spelling and genre correction) where necessary;
- subject always to your prior written consent, create derivative works of your Recording(s) on certain Stores where such Stores provide for the creation and monetisation of remixes and other derivative works
- following your prior approval, a right to sub-license the Recording(s) to a third-party within the whole or a specific part of the Territory for Digital Distribution.
- a non-exclusive, worldwide, royalty-free license to and to authorise the Stores during the Digital Distribution Term to use, perform and make available clips of your Recordings, artwork, any trademarks, service marks or trade names relating to you and the name, images and likeness of you and the band/artist whose performances are embodied in the Recordings in advertising, marketing and promotional materials related to your Recordings on the Site, our distribution partner’s website, the Stores and their related websites and social networks’ profiles only; and
- all necessary consents and rights including, without limitation, under the Swedish Act on Copyright in Literary and Artistic Works (1960:729) (“Act”) and any amendment or re-enactment thereof, to enable us to make the fullest possible use of the Recordings and other Materials (including without limitation the right to collect all income deriving from the Recordings distributed by us) in accordance with the provisions of this Agreement including without limitation any and all consents required under the Act. For the avoidance of doubt, you will maintain ownership of your copyright at all times.
To the extent you own or control any part of the publishing rights in any of your Recordings, you agree not to withhold such rights in any way that could frustrate the purpose of Corite’s or our Digital Distribution partner’s (as applicable) agreements with the Stores in so far as it relates to the Digital Distribution of your Recordings via such Stores.
You agree that you will not use the Site or the Services to distribute, transmit or store any files or material that infringe copyrighted works or otherwise violate or promote the violation of the intellectual property rights of any third party. You agree that you will at all times abide by this Agreement. You acknowledge and agree that Corite may disable access to and/or terminate your account and/or remove or disable access to any Recordings or Materials you provide to us in the event that: (a) we have reason to believe (acting reasonably) that you have failed to clear any rights or pay any royalties in connection with any Recordings or Materials; or (b) in our reasonable opinion, the continuing availability of such Materials on the Stores may result in a liability to us; (d) such Materials contravene this Agreement or are the subject of any suspected fraudulent activity, or (d) we receive any claim that, if true, would constitute a violation of your warranties hereunder.
Any and all rights granted to us above, are granted on a royalty-free license basis. This includes the use of any lyrics of the Recordings, if you have submitted any.
5.2. Your obligations and warranties
When you upload your Recordings through our Services, you are asked to submit Metadata as well as Materials necessary for release of Recordings via the Stores. You submit the Recordings, Materials and Metadata and any other information and materials at your own expense and in formats required for use on the Stores.
You are fully responsible for everything you submit to us. If we find anything you deliver to us unsuitable, we reserve the right to, in our sole discretion, remove the information and/or prevent you from using our Services and/or remove your Recordings from any or all Stores.
You warrant, agree and undertake on behalf of yourself that:
- all of the Recordings, Materials and Metadata and any other materials you provide to us are original to you and have not been copied from any third party;
- you own or control all rights in the Recordings, Materials and Metadata and that, in respect of any third party material embodied therein, you have obtained and will maintain at all times all licenses, permissions, consents or other authorisations (and you shall make any payments due in respect thereof) as are required for the Digital Distribution and to grant us the rights specified in this Agreement;
- the Materials and the use thereof as contemplated under this Agreement do not and will not infringe any copyright, trademark, design, database, publicity or other proprietary or intellectual property rights of any third party;
- the Materials do not include any material which is unlawful, harmful, threatening, defamatory of any party, obscene, facilitates illegal activity, harassing or racially or ethnically offensive;
- you will not submit any Recordings which embody compositions forming part of a dramatico-musical work such as an opera, operetta, ballet, musical, musical play or work of a similar nature;
- you are over the age of 18 (or, if you are 13 or older you have your parent’s or guardian’s consent to the Agreement) and 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 expressed in this Agreement to be granted to us;
- the Materials do not contain any viruses or other programming routines that would detrimentally interfere with computer systems or data;
- you will be solely responsible for the payment and reporting of any and all royalties, fees and other remuneration to all persons or entities (including, without limitation, artists, producers, vocalists, musicians etc) that are entitled to such payments, e.g. persons or anyone participating on or rendering services in the making of the Recording(s), as well as for securing and paying for any and all clearances in relation to the Digital Distribution of the Recording(s); and
- you will be solely responsible for reporting all earnings via our Services to the relevant tax authority and all subsequent taxes payable in respect of your use of our Services.
Further to the above warranties and obligations, you acknowledge and agree that:
- You shall provide accurate contact details for you and/or your representative(s). If supplied payment details are inaccurate any monies paid to you using these incorrect details shall be forfeited.
- You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all data, including Metadata and any publishing and performer metadata, you submit to us;
- You will ensure that your Recordings are technically satisfactory for exploitation on the Stores and comply with any content guidelines and general policies of our distribution partner and the Stores (which can be provided to you on request).
6. Reporting and payouts
All payments due will be credited to your account on our Site and shall be paid out (through third-party payment providers) on your request. Your current balance is displayed each time you log into your Corite account. Your account also includes other performance data, such as daily trends as reported by the Stores. This trend data may be used to estimate future revenues in your account, but are not actual verifications of future payouts.
You agree that Net Revenues are subject to the conditions and pro rata provisions as agreed in each agreement Corite has entered into with the Stores. The price is determined by us and the Stores, in our sole discretion.
The Stores report the earned Net Revenues to us. Any payments due will be credited to your Corite account monthly. Any shares of Net Revenues payable to Backers and Royalties payables to Rightsholders refer to previous months as reported to us by the Stores, after we’ve received payment from the Stores and processed the payments. Each Store has their own timeline delay of reporting your earned Net Revenues, usually between 2-3 months. When an amount has been credited to your account, you are able to request to withdraw the money. Do note that due to the reporting delay, you will not receive any amounts during your first month(s) until Corite has received the first reports and payments from the Stores.
The minimum amount you can withdraw is 10 EUR and cannot be paid out in parts. The payout process takes about 3-5 business days. We will do our best to comply with this.
The payout method currently used is PayPal. You must hold a PayPal account to be able to receive your payout in Euro. Corite reserves the right to add and change method of payout. If your PayPal account information has changed, it is your responsibility to inform Corite about the changes. We reserve the right to withhold a payout should we suspect that the PayPal information is incorrect or that an unauthorised person has accessed your account.
Should a Store report the wrong amount, however great, of payments, Corite reserves the right to retroactively amend this and charge your account in case you have been overpaid.
7. Stores
Corite has entered into separate agreements with different Stores or Digital Distribution partners for the purpose of Digital Distribution of Recordings. Prior to distribution, you may choose which of the Stores you want your Recording(s) to be delivered to for Digital Distribution. The separate agreements that Corite enter into with the Stores or its Digital Distribution partners shall determine the conditions on which your Recording(s) are sold or made available. The Stores which Corite has applicable agreements with for Digital Distribution of sound recordings may vary from time to time. Therefore, Corite cannot guarantee the sale and/or exploitation of the Recording(s) in any particular Store. Corite assumes no liability if your Recordings are not made available in a particular Store. Corite assumes no liability for any interruptions, delays, errors or any suspensions of access, reports or payouts, in the Stores, neither in whole nor in part.
When uploading your Recordings for Digital Distribution by using our Services, you may set a date for the release of your Recording(s). However, each Store or Digital Distribution partner determines the delivery time for the distribution of your Recording(s) and may as such apply a different release date for your Recording. We do not assume liability for the delivery times of the Stores or our Digital Distribution Partners.
8. Our Fees
Creating an account on Corite is free.
We charge a service fee on each funding transaction to cover any fees from our payment providers. Our payment providers’ fees may vary slightly based on your location.
The Corite Fee will be applied to the Funding amount when a campaign is successfully funded and to all Net Revenues.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Each payment provider is its own company, and Corite isn’t responsible for their performance.
Typically our payment providers’ fees will not be possible to refund.
You’re responsible for paying any additional fees or taxes associated with your use of Corite and any payments you receive from using our Services.
9. Intellectual Property
Nothing in this Agreement shall constitute an assignment or transfer of ownership in intellectual property rights originally held by Corite or Rightsholders respectively.
Corite
The content on Corite’s Site and Services is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Corite’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Corite grants you a license to reproduce content from the Services for personal use only. This license covers both Corite’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Corite or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
Rightsholders
The Recordings and Materials delivered by a Rightsholder for Digital Distribution is and will remain the Rightsholder’s intellectual property and nothing in this Agreement shall constitute an assignment of rights to Corite or otherwise. If aRightsholder chooses to deliver its Recording(s) for Digital Distribution through Corite’s Services, then Corite is granted certain time-limited rights to Digital Distribution of the Recording(s), including the Materials, and such rights granted to Corite are subject to the conditions agreed in this Agreement.
Backers
Backers do not get any part of the ownership, rights or control in and to the Recordings and this Agreement does not give Backers any claim to any title or ownership in the Recordings or the rights therein.
10. Warranty Disclaimer
Music is a work of art. This means there are no guarantees that a Recording will be commercially successful. Regardless of how much you have provided as funding for Campaigns on Corite they could theoretically never generate substantial Net Revenues. You should only back a Campaign if you believe you can risk losing your funding, in effect, giving the funding away as a contribution to the Rightsholder.
Corite does not recommend or endorse Campaigns, artists or tracks, give advice or any guarantees, and we do not have responsibility for the valuation of the Recording(s) which is set by the Rightsholder in a Campaign.
Every track is a beautiful and unique snowflake. So is the artist, the team working with the artist, the cover art designer and, for that matter, the roadie. All things may influence the sales performance of the music, none of which Corite take any responsibility for.
We have no special relationship with or fiduciary duty to you. You use our Services solely at your own risk. You acknowledge that we have no control over, and no duty to take any action regarding: which users gains access to the Site; what content you access via the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Corite from all liability for you having acquired or not acquired content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Corite makes no representations concerning any content contained in or accessed through the Site, and Corite will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. The Site and the Services are provided "as is" and "as available” and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Corite, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CORITE SHALL CREATE ANY WARRANTY.
11. Limitation of Liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO UNINSTALL ANY CORITE SOFTWARE, TERMINATE YOUR ACCOUNT AND TO STOP USING THE SITE AND THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CORITE, STORES, DIGITAL DISTRIBUTION PARTNERS, OR ANY OF THEIR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE CORITE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CORITE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CORITE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN €1,000 (one-thousand EURO), TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
12. Indemnification
YOU SHALL INDEMNIFY AND HOLD HARMLESS CORITE, ITS SUBSIDIARIES AND AFFILIATES (INCLUDING ANY DIRECTORS, MEMBERS, EMPLOYEES, MEMBERS AND OTHER REPRESENTATIVES) AND THE STORES AS WELL AS OUR DIGITAL DISTRIBUTION PARTNERS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, LEGAL EXPENSES AND COUNSEL FEES, ARISING OUT OF ANY BREACH OR ALLEGED BREACH BY YOU OF THE ABOVE WARRANTIES AND REPRESENTATIONS AND/OR USE OF THE RECORDINGS OR MATERIALS AS PERMITTED HEREUNDER.
13. International/Non-Sweden Use
We make no representation that the Site or the Services are appropriate or available for use in locations outside of Sweden and accessing the Site or the Services is prohibited from territories where the Services are illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.
14. Confidentiality
You agree that in the course of dealing with us pursuant to this Agreement you may become aware of confidential information relating to our business or the business of Stores or our Digital Distribution partners. You shall keep such information confidential, except to the extent that such information is already in the public domain or is required to be shared by operation of law.
You agree that we shall have the right to provide information related to the usage and sales of a your Recording(s), together with any supplementary data that we collect on your behalf as part of the Service, to third parties including but not limited to our Digital Distribution partner as we may appoint and the Rightsholder and Backer’s as described in our Privacy Policy.
15. Events outside of our control (Force Majeure)
Corite takes no liability or responsibility for any failure in providing any of our Services, if they are caused by an event outside Corite’s control. Force Majeure means an event beyond our control which prevents us from complying with any obligations under this Agreement. These events include, but are not limited to, fires, earthquakes, tidal waves, floods, war, hostilities, invasion, embargo, revolution, civil war, riot, strikes, lockouts, acts or threats of terrorism, commotion, failures of public or private telecommunication networks, third party force majeure and an epidemic.
Should an event of Force Majeure occur, Corite will notify you as soon as reasonable and give an estimate when due fulfilment can be expected. You may cancel your Services with us if your Service is affected by Force Majeure and if it has continued for more than 90 days.
16. Third-Party Sites
If you follow a link from our Site to another website, what happens there is between you and them — not us.
Our Site may contain links to other third-party websites (for instance, campaign pages, user profiles, and comments may link to other sites). When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Corite partners with other companies (such as Stripe, PayPal and Swish) for payment processing. When you back or create a campaign, you’re also agreeing to the payment provider’s terms of service, which is a separate agreement between you and the payment provider.
17. Assignment, Transfer and Sub-contracting
We may freely transfer or sub-contract the Services to any Digital Distribution partner or other entity within our corporate group. We may also assign, sub-contract and/or transfer our rights and obligations under this Agreement wider than this to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or the obligations to you under this Agreement. You may not assign this Agreement or any part of the Agreement, nor transfer or sub-license your rights granted to us under the Agreement, to any third party.
18. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and us, this Agreement, including each Campaign Contract, constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of this Agreement and the Campaign Contract, whether written or oral.
19. Severance
Each of the sections, paragraphs and sub-paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections, paragraphs and sub-paragraphs will remain in full force and effect.
If a party hereto fails to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Please note, however, that other aspects of your use of the Site or the Services that we offer may be governed by additional agreements. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and this Agreement, the additional terms shall prevail.
20. Choice of law and disputes
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement, each Campaign Contract (and any non-contractual disputes/claims arising out of or in connection with them), together with our Site and Services, will be governed by the substantive laws of Sweden and any dispute regarding the aforementioned shall be submitted to the exclusive jurisdiction of the District court of Stockholm, Sweden.
In the event of a dispute between you and us arising out of this Agreement or a Campaign Contract, you and we undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing litigation.
21. Early terminations
As much as we’d like everything to last forever, few things do. Therefore there are ways to end Campaigns and the Digital Distribution of Recordings earlier than intended, as long as we make sure everyone gets a fair compensation.
Termination of the Digital Distribution Term
The Digital Distribution Term may be terminated by a Rightsholder upon 14 days written notification (including notification by email) of such termination providing there are no outstanding payments due to us and the Campaign Term has ended or been terminated at the same time (as described below).
The Digital Distribution may be terminated by us upon 14 days written notification (including notification by email).
Upon termination, we shall instruct our partners to remove the applicable Recordings from all Stores but we will not be responsible for third-party exploitation after the removal instruction has been sent.
Early termination of the Campaign Term
The Campaign Term may be terminated by a Rightsholder upon 14 days written notification (including notification by email) to Corite, after our receipt of such notification and after our written confirmation of the same. However, the early termination will only come into effect after we receive from the Rightsholder the following:
- an amount equal to the Funding which has not yet been repaid (if any) to the Backers plus a fee of 5% to Corite on that amount; as well as
- a further amount equal to the total Net Revenues less Royalties until the termination date, plus an amount equal to the amount described in i) above.
The amounts above, excluding the Corite fee, shall be shared by Corite with the Backers of the terminated Campaign Term as if these payments were Net Revenues.
By ensuring that Backers who have supported a Campaign are compensated, as described above, we hope that we can ensure that Rightsholders can end Campaigns early and that Backers will be compensated fairly in such case. In practice this means that the minimum compensation is double the Funding amount and in all other cases double the amount received up until the termination date. No other compensation will be paid in connection with Early Termination of a Campaign Term.
The Campaign Term may be terminated by us upon 14 days written notification (including notification by email). For the early termination to come into effect we will pay the same amounts to the Backers as if the Rightsholder had requested the termination.
Refunds in case of early termination
If we terminate the Site or the Services, your right to compensation will be limited as further described under section 11 (Limitation of Liability). However, in the event of our cancellation of the Services, and if you are a Backer, you may be entitled to a refund which will not exceed the sums actually paid by you to us. In such event, we shall refund to you what you have paid to us less an amount which is in proportion to what has been performed by us until we have communicated to you our termination of the Agreement together with any unpaid shares of Net Revenues which may have become payable to you during the period between the formation of the Agreement between you and us and until we have communicated to you our termination of the Services.
22. Account termination and suspension
If you are a Backer or a Rightsholder, you will need to have an account with us for the duration of the Campaign Term and the Digital Distribution Term. Please contact us our support for any questions regarding your account.
If you are not currently involved in a Campaign or Digital Distribution of Recording(s), either as a Backer or a Rightsholder, you can terminate your account at any such time by contacting our support. We may retain certain information as required by law or as necessary for our legitimate business purposes.
All provisions of this Agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. For instance, if you’ve launched a Campaign, deleting your account will not automatically remove the Campaign from the Site. You can contact our support for additional information or to request Campaign deletion (this is not available in all circumstances).
Account suspension
We have the right to suspend your account, terminate this Agreement in relation to you without notice and or withhold payments or refunds following any behavior deemed by us as fraudulent, threatening, disrespectful or otherwise carried out by you or any associated parties or which we deem to be in breach or in violation of our Rules of Conduct (as described in section 2 (Things you shouldn’t do) above). Further, in the event that there is any third party claim made against us, any of our associated companies or sub-contractors, in respect of the Recordings or otherwise, without prejudice to any other rights we may have, we reserve the right to withhold payments from you until such claim is resolved.
Corite reserves these rights:
- We can make changes to the Corite Site and Services without prior notice to you and without any liability for Corite towards you.
- We have the right to decide who’s eligible to use Corite. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Corite in that jurisdiction.
- We have the right to cancel any funding to any Campaign, at any time and for any reason.
- We have the right to reject, cancel, interrupt, remove, or suspend any Campaign at any time and for any reason.
- We have the right to reject Recordings or any associated Materials uploaded to the Site or the Services by you.
Corite is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
23. Changes to the Agreement
We may change this Agreement from time to time. All such changes and amendments to the Agreement will be effective from the date on which they are posted on the Site (except where local applicable law requires a longer notice period or other requirements) and every time you order Services from us, the conditions of the Agreement in force at the time will apply to the contract between you and us. We’ll let you know about any material changes or amendments to the Agreement, either by notifying you on the Site or by sending you an email. New versions of the terms included in the Agreement will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Corite after a change has been made and notified, that means you accept the new terms in the Agreement.
If you are a Rightsholder or a Backer and we have to revise the conditions of the Agreement as they apply to the Services we provide to you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Agreement if you are not happy with the changes.
You may not alter the terms and conditions of this Agreement.
24. Contact Us
Thank you for reading our Terms of Use. If you have any questions about these Terms, please contact our support or by writing to us at the following address:
Corite AB
Igeldammsgatan 22C
112 49 Stockholm
Sweden
Hope you enjoy Corite!
These Terms will go into effect on June 22, 2020 and apply to all use of our services on or after that date and time. If we choose to update these Terms, the previous version of these Terms will be made available on the Previous Terms of Use page.
Terms of Use before 22 June 2020
Version 2019-10-02
Welcome to Corite!
This page explains our terms of use. When you use Corite, you’re agreeing to all the rules on this page. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations of what everything means.
By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Corite AB (together with its and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Corite,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). If you choose to register an account we will ask that you to consent to these Terms. You’re also agreeing to our Privacy Policy including our Cookie Policy. These Terms of Use, together with our Privacy Policy and our Cookie Policy are jointly referred to as the “Agreement”. If you choose to back a Campaign (as a Backer), and if you choose to create a Campaign (as a Rightsholder), then you will enter into a legally binding Campaign Contract for each such Campaign.
These Terms contain certain defined words and terms. Their meanings are stated here:
”Backer” is a user who has contributed financially via our Site and Services to fund a Campaign under the terms and conditions of this Agreement.
”Campaign” is the offer to fund Recordings on Corite.
“Campaign Contract” is the legally binding contract describing the estimated Net Revenues of the Recording(s) and the share of Net Revenues that may become payable to Backers if the Recording(s) are successful and generate Net Revenues. The Campaign Contract is valid during the Campaign Term.
“Campaign Term” is a period of no longer than one year or as stated in the respective Campaign, starting from the first day the Recording funded by a Campaign is made available in the Stores through Digital Distribution via Corite.
“Digital Distribution” is the right to allow the selling and making use of sound recordings via Stores for digital downloads, interactive and non-interactive streaming, cloud services and streaming-on-demand services or now known or hereinafter devised, similar means of making use of the Recordings as further provided for by this Agreement.
“Digital Distribution Term” is the period commencing on the date which a Recording is first made available for Digital Distribution via Corite and shall at least continue until the end of the Campaign Term.
”Funding” is the total net amount collected by Corite when a Campaign is successfully funded.
“Metadata” is 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.
“Net Revenues” are Corite’s actual receipts from Stores or its sub-licensees from the Digital Distribution of Recordings less (i) any tax, fee or other charge related to the sale or exploitation of the Recordings, (ii) bank transfer, currency conversion and PayPal or other payment services transaction fees (if any), (b) fees, payments, distribution costs and fees payable by Corite to Stores, Digital Distribution partners or otherwise deducted from payments to Corite by Stores or Digital Distribution partners, (iii) any licensing fees and royalties payable to songwriters and publishing companies as well as for mechanical licenses and (iv) any other costs or charges related to the Digital Distribution or collection of Net Revenues.
“Recordings” are any and all audio-only recordings that you submit to Corite by uploading through the Services and under the terms of this Agreement, whether individual tracks, albums, EPs.
”Rightsholder” is a professional individual or a company who has created a Campaign on our Site and Services for funding of one or more Recordings under the terms of this Agreement. A Rightsholder owns and controls all rights in and to such Recordings.
”Royalties” are the Net Revenues less (i) a Corite fee of 5% and (ii) the shares of Net Revenues payable to Backers (i.e the percentage calculated by dividing the Funding with the Rightsholder’s estimated future Net Revenues, as set out in a Campaign).
“Stores” are 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 Corite has, from time to time, entered into an Agreement with.
“Territory” is the world or specified applicable territory as a Rightsholder may notify us prior to Digital Distribution of the Recordings takes place.
1. Creating an Account
You can browse Corite without registering for an account. But to use some of Corite’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be true, accurate and complete, and you agree to keep it that way at all times. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may choose to cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should message us through our support chat.
To sign up for an account, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreement, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Services are available.
If we deem it necessary, we may ask you for proof of age.
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 Terms and bind the entity to the Terms, and that you agree to the Terms on the entity’s behalf.
Please review our Privacy Policy for information regarding security, confidentiality, and what we do with the data you provide us.
We will always make a reasonable effort in ensuring that our Services are available. Should the Services be interrupted in any way, we will make a reasonable effort to correct the interruptions without delay. We are, however, not liable for any errors, delays or interruptions that might occur.
2. Rules of Conduct - Things You Shouldn’t Do
We want everyone who loves music to use Corite and we expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
- Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of Corite’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
- Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Corite or another party).
- Don’t abuse other users’ personal information. When you use Corite — and especially if you create a successful Campaign — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Corite campaign: don’t use it for other purposes, and don’t abuse it.
We also need to make sure that the Site is secure and our systems function properly.
- Don’t try to interfere with the proper workings of the Services.
- Don’t bypass any measures we’ve put in place to secure the Services.
- Don’t engage in any forced activity or systematic listening.
- Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Corite or another party.
- Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
- Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
- Don’t take apart or reverse engineer any aspect of Corite in an effort to access things like source code, underlying ideas, or algorithms.
3. How Campaigns Work
Corite provides a funding platform for recorded music and this is done using Campaigns created by Rightsholders. When a Rightsholder posts a Campaign on Corite, they’re inviting other people to form a contract with Corite on those terms. Anyone who backs a Campaign is accepting the Rightsholder’s offer as presented in the Campaign and forming the Campaign Contract.
A Campaign contains information about the Rightsholder, the Recording(s) and what the purpose and funding goal is for the Campaign. It can include the full Recording or some other audio representation for users to listen to as part of deciding if they want to back the Campaign.
When a Campaign is successfully funded, the Rightsholder must provide all Materials, Metadata and Recording(s) to allow Corite to release the Recording(s) as soon as possible or at the date set out in the Campaign. Once a Rightsholder has done so, they’ve satisfied their first obligation to Corite in the specific Campaign. The second obligation is to share their Net Revenues with Corite as described in section 4 (How Funding Works). Corite will use this share of the Net Revenues to pay back the Backers.
Throughout the process, Rightsholders owe Corite and its Backers a high standard of effort, honest communication, and a dedication to bringing the music to the market. At the same time, Backers must understand that when they back a Campaign, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents a Rightsholder from being able to finish the Campaign as promised.
If a Campaign includes an estimated release date this is the Rightsholder’s own estimate. The release schedule may change as the Rightsholder works on the project described in the Campaign. We ask Rightsholders to think carefully, set a date they feel confident they can work toward, and communicate with Backers about any changes.
If a Rightsholder is unable to deliver finished Recording(s) when the Campaign has been successfully funded, they’ve failed to live up to the basic obligations of this Agreement. To right this, they must make every reasonable effort to remedy the situation including posting an update that explains what work has been done and what prevents them from finishing the campaign as planned. Most importantly, the Rightsholder will need to provide a date when the Recording will be made available to Corite.
The Rightsholder is solely responsible for fulfilling the promises made in their Campaign. If they’re unable to satisfy the terms of this Agreement and/or the Campaign Contract, they may be subject to legal action by Corite and/or Backers.
4. How Funding Works
These are the terms that apply when you’re backing a Campaign:
- Funding is a loan. The funding you provide is a loan to Corite. The only source of repayment comes from the Net Revenues for the respective Recording(s) that Corite has retained as part of the Agreement with the Rightsholder. Any amount above the loan repayment is interest.
- The valuation is set by the Rightsholder. Typically the song valuation is based on the estimated revenues it will make during the Campaign Term. This estimate is made by the Rightsholder as part of setting up the Campaign. You can decide to back a Campaign even though you may believe it won’t achieve the commercial success the Rightsholder thinks, but still want to support it because you love the music.
- Your share depends on the song valuation. The amount you contribute with as funding in proportion to the song valuation will decide the share of the future revenues you will receive.
- The song performance decides the outcome. If the Net Revenues exceed the song valuation you will make a profit in the form of interest on your loan. This means that it’s not important if the valuation is high or low, but if the song can perform better than the Rightsholder’s estimate.
- You can change or cancel your funding at any time before the Campaign’s funding deadline (with one exception). During the last 24 hours of the Campaign, you can’t decrease or cancel your funding without contacting our customer support first — if that action would drop the Campaign below its Funding goal. Once the Campaign has been funded you can’t cancel or change your funding and the Rightsholder can’t revoke the obligation to share Net Revenues as set out in the Campaign, unless the Rightsholder causes the Campaign to terminate in accordance to this Agreement.
- The Funding deadline can be updated. The Rightsholder may change the Funding deadline. This will not change the Campaign Term.
- A Campaign can succeed in different ways. A Campaign is successful if the Funding goal is reached before its deadline. If the Rightsholder has set a fixed Campaign goal it means the full amount is required for the Campaign to be deemed a success.
- You get your money back when a Campaign fails. If a Campaign does not reach its Funding goal, or if the Rightsholder chooses to cancel the Campaign before the Funding deadline, it will fail. At this point all Backers will get their funding back. Corite may offer Backers to fund other similar Campaigns, but if you don’t actively decide to do so, Corite will refund all such payments to you as set out in this Agreement.
- You get a share during the Campaign Term. As a Backer you will retain your share of the Net Revenues as described above until the end of the Campaign Term, notwithstanding other parts of this Agreement to the contrary. After the end of the Campaign Term we will no longer share Net Revenues with you.
- You can’t sell or otherwise transfer your loan to any other person or legal entity other than Corite.
These are the additional terms that apply when you’re creating a campaign:
- You set the funding goal. When creating a campaign you effectively decide how much you are seeking to get as an advance on your future royalties from the Recording(s). This becomes the Funding goal of the Campaign.
- You decide how much you want to share. Based on your own estimation of the Net Revenues during the Campaign Term you decide how much you are willing to share with Backers. If you have set a high Funding goal you will typically offer a bigger share in order for Backers to be able to get their money back, unless you believe you can achieve a big commercial success.
- You can refund individual funding if you want. Before the Campaign has been successfully funded, you can cancel and refund a Backer’s funding at any time.
- You will distribute the music through Corite and for the full duration of the Digital Distribution Term. This way both you and the Backers will easily share the same daily trend and other performance data on Corite.
- You can cancel the Campaign. You can cancel the Campaign after it has started, but not after it has reached its goal, without compensating Corite and its Backers as set out in section 21 ( Early terminations).
- Don’t assume you’ll be able to immediately collect your Funding; there may be a delay between the end of a successful Campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the Funding until you actually have the ability to withdraw it from your account and spend it.
5. Digital Distribution of Recordings – Rightsholders
As a Rightsholder, and the sole and exclusive representative of all rights in the Recording(s), as further described in this Agreement, you may choose to use our Site and Services in order for us to deliver certain Digital Distribution services of your Recordings and connected Materials via Stores. If you choose to use our Services for Digital Distribution of Recordings and upload your Recording(s) to our Site and Services, you grant to us the rights listed below under section 5.1 and make certain warranties in relation to your Recordings, as described in section 5.2.
5.1. Grant of rights to us
If you choose to upload your Recording(s) for Digital Distribution via our Services, you grant us the following rights.
In consideration of the Royalties payable to you under this Agreement and the Services provided by Corite (or one or more of our sub-contractors) in respect of the Digital Distribution of your Recording(s) and all services associated with such Digital Distribution pursuant to this Agreement, you grant to us, and our sub-contractors:
- an exclusive, irrevocable, transferable worldwide license (with a right to sub-license) during the Digital Distribution Term to:
- ingest, store, deliver, create digital master files, convert, adapt, encode and transcribe, use, reproduce, compile, distribute, display, publicly perform, communicate to the public, exhibit, broadcast, synchronise, transmit and make available the Recording(s) and other Materials for distribution through the Stores by means of, without limitation, permanent downloads, temporary and/or conditional downloads, interactive streaming, non-interactive streaming and on so called “cloud” or “locker” services;
- create specific ID files, including through fingerprinting, to identify your Recordings on Stores’ servers;
- perform Metadata corrections (including spelling and genre correction) where necessary;
- subject always to your prior written consent, create derivative works of your Recording(s) on certain Stores where such Stores provide for the creation and monetisation of remixes and other derivative works
- following your prior approval, a right to sub-license the Recording(s) to a third-party within the whole or a specific part of the Territory for Digital Distribution.
- a non-exclusive, worldwide, royalty-free license to and to authorise the Stores during the Digital Distribution Term to use, perform and make available clips of your Recordings, artwork, any trademarks, service marks or trade names relating to you and the name, images and likeness of you and the band/artist whose performances are embodied in the Recordings in advertising, marketing and promotional materials related to your Recordings on the Site, our distribution partner’s website, the Stores and their related websites and social networks’ profiles only; and
- all necessary consents and rights including, without limitation, under the Swedish Act on Copyright in Literary and Artistic Works (1960:729) (“Act”) and any amendment or re-enactment thereof, to enable us to make the fullest possible use of the Recordings and other Materials (including without limitation the right to collect all income deriving from the Recordings distributed by us) in accordance with the provisions of this Agreement including without limitation any and all consents required under the Act. For the avoidance of doubt, you will maintain ownership of your copyright at all times.
To the extent you own or control any part of the publishing rights in any of your Recordings, you agree not to withhold such rights in any way that could frustrate the purpose of Corite’s or our Digital Distribution partner’s (as applicable) agreements with the Stores in so far as it relates to the Digital Distribution of your Recordings via such Stores.
You agree that you will not use the Site or the Services to distribute, transmit or store any files or material that infringe copyrighted works or otherwise violate or promote the violation of the intellectual property rights of any third party. You agree that you will at all times abide by this Agreement. You acknowledge and agree that Corite may disable access to and/or terminate your account and/or remove or disable access to any Recordings or Materials you provide to us in the event that: (a) we have reason to believe (acting reasonably) that you have failed to clear any rights or pay any royalties in connection with any Recordings or Materials; or (b) in our reasonable opinion, the continuing availability of such Materials on the Stores may result in a liability to us; (d) such Materials contravene this Agreement or are the subject of any suspected fraudulent activity, or (d) we receive any claim that, if true, would constitute a violation of your warranties hereunder.
Any and all rights granted to us above, are granted on a royalty-free license basis. This includes the use of any lyrics of the Recordings, if you have submitted any.
5.2. Your obligations and warranties
When you upload your Recordings through our Services, you are asked to submit Metadata as well as Materials necessary for release of Recordings via the Stores. You submit the Recordings, Materials and Metadata and any other information and materials at your own expense and in formats required for use on the Stores.
You are fully responsible for everything you submit to us. If we find anything you deliver to us unsuitable, we reserve the right to, in our sole discretion, remove the information and/or prevent you from using our Services and/or remove your Recordings from any or all Stores.
You warrant, agree and undertake on behalf of yourself that:
- all of the Recordings, Materials and Metadata and any other materials you provide to us are original to you and have not been copied from any third party;
- you own or control all rights in the Recordings, Materials and Metadata and that, in respect of any third party material embodied therein, you have obtained and will maintain at all times all licenses, permissions, consents or other authorisations (and you shall make any payments due in respect thereof) as are required for the Digital Distribution and to grant us the rights specified in this Agreement;
- the Materials and the use thereof as contemplated under this Agreement do not and will not infringe any copyright, trademark, design, database, publicity or other proprietary or intellectual property rights of any third party;
- the Materials do not include any material which is unlawful, harmful, threatening, defamatory of any party, obscene, facilitates illegal activity, harassing or racially or ethnically offensive;
- you will not submit any Recordings which embody compositions forming part of a dramatico-musical work such as an opera, operetta, ballet, musical, musical play or work of a similar nature;
- you are over the age of 18 (or, if you are 13 or older you have your parent’s or guardian’s consent to the Agreement) and 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 expressed in this Agreement to be granted to us;
- the Materials do not contain any viruses or other programming routines that would detrimentally interfere with computer systems or data;
- you will be solely responsible for the payment and reporting of any and all royalties, fees and other remuneration to all persons or entities (including, without limitation, artists, producers, vocalists, musicians etc) that are entitled to such payments, e.g. persons or anyone participating on or rendering services in the making of the Recording(s), as well as for securing and paying for any and all clearances in relation to the Digital Distribution of the Recording(s); and
- you will be solely responsible for reporting all earnings via our Services to the relevant tax authority and all subsequent taxes payable in respect of your use of our Services.
Further to the above warranties and obligations, you acknowledge and agree that:
- You shall provide accurate contact details for you and/or your representative(s). If supplied payment details are inaccurate any monies paid to you using these incorrect details shall be forfeited.
- You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all data, including Metadata and any publishing and performer metadata, you submit to us;
- You will ensure that your Recordings are technically satisfactory for exploitation on the Stores and comply with any content guidelines and general policies of our distribution partner and the Stores (which can be provided to you on request).
6. Reporting and payouts
All payments due will be credited to your account on our Site and shall be paid out (through third-party payment providers) on your request. Your current balance is displayed each time you log into your Corite account. Your account also includes other performance data, such as daily trends as reported by the Stores. This trend data may be used to estimate future revenues in your account, but are not actual verifications of future payouts.
You agree that Net Revenues are subject to the conditions and pro rata provisions as agreed in each agreement Corite has entered into with the Stores. The price is determined by us and the Stores, in our sole discretion.
The Stores report the earned Net Revenues to us. Any payments due will be credited to your Corite account monthly. Any shares of Net Revenues payable to Backers and Royalties payables to Rightsholders refer to previous months as reported to us by the Stores, after we’ve received payment from the Stores and processed the payments. Each Store has their own timeline delay of reporting your earned Net Revenues, usually between 2-3 months. When an amount has been credited to your account, you are able to request to withdraw the money. Do note that due to the reporting delay, you will not receive any amounts during your first month(s) until Corite has received the first reports and payments from the Stores.
The minimum amount you can withdraw is 10 EUR and cannot be paid out in parts. The payout process takes about 3-5 business days. We will do our best to comply with this.
The payout method currently used is PayPal. You must hold a PayPal account to be able to receive your payout. Corite reserves the right to add and change method of payout. If your PayPal account information has changed, it is your responsibility to inform Corite about the changes. We reserve the right to withhold a payout should we suspect that the PayPal information is incorrect or that an unauthorised person has accessed your account.
Should a Store report the wrong amount, however great, of payments, Corite reserves the right to retroactively amend this and charge your account in case you have been overpaid.
7. Stores
Corite has entered into separate agreements with different Stores or Digital Distribution partners for the purpose of Digital Distribution of Recordings. Prior to distribution, you may choose which of the Stores you want your Recording(s) to be delivered to for Digital Distribution. The separate agreements that Corite enter into with the Stores or its Digital Distribution partners shall determine the conditions on which your Recording(s) are sold or made available. The Stores which Corite has applicable agreements with for Digital Distribution of sound recordings may vary from time to time. Therefore, Corite cannot guarantee the sale and/or exploitation of the Recording(s) in any particular Store. Corite assumes no liability if your Recordings are not made available in a particular Store. Corite assumes no liability for any interruptions, delays, errors or any suspensions of access, reports or payouts, in the Stores, neither in whole nor in part.
When uploading your Recordings for Digital Distribution by using our Services, you may set a date for the release of your Recording(s). However, each Store or Digital Distribution partner determines the delivery time for the distribution of your Recording(s) and may as such apply a different release date for your Recording. We do not assume liability for the delivery times of the Stores or our Digital Distribution Partners.
8. Our Fees
Creating an account on Corite is free.
We charge a service fee on each funding transaction to cover any fees from our payment providers. Our payment providers’ fees may vary slightly based on your location.
When a Campaign is successfully funded Corite charges 5% on the total Funding before putting funds in your account. In addition, Corite charges 5% on all Net Revenues during the Campaign Term.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Each payment provider is its own company, and Corite isn’t responsible for their performance.
Typically our payment providers’ fees will not be possible to refund.
You’re responsible for paying any additional fees or taxes associated with your use of Corite and any payments you receive from using our Services.
9. Intellectual Property
Nothing in this Agreement shall constitute an assignment or transfer of ownership in intellectual property rights originally held by Corite or Rightsholders respectively.
Corite
The content on Corite’s Site and Services is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Corite’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Corite grants you a license to reproduce content from the Services for personal use only. This license covers both Corite’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Corite or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
Rightsholders
The Recordings and Materials delivered by a Rightsholder for Digital Distribution is and will remain the Rightsholder’s intellectual property and nothing in this Agreement shall constitute an assignment of rights to Corite or otherwise. If aRightsholder chooses to deliver its Recording(s) for Digital Distribution through Corite’s Services, then Corite is granted certain time-limited rights to Digital Distribution of the Recording(s), including the Materials, and such rights granted to Corite are subject to the conditions agreed in this Agreement.
Backers
Backers do not get any part of the ownership, rights or control in and to the Recordings and this Agreement does not give Backers any claim to any title or ownership in the Recordings or the rights therein.
10. Warranty Disclaimer
Music is a work of art. This means there are no guarantees that a Recording will be commercially successful. Regardless of how much you have provided as funding for Campaigns on Corite they could theoretically never generate substantial Net Revenues. You should only back a Campaign if you believe you can risk losing your funding, in effect, giving the funding away as a contribution to the Rightsholder.
Corite does not recommend or endorse Campaigns, artists or tracks, give advice or any guarantees, and we do not have responsibility for the valuation of the Recording(s) which is set by the Rightsholder in a Campaign.
Every track is a beautiful and unique snowflake. So is the artist, the team working with the artist, the cover art designer and, for that matter, the roadie. All things may influence the sales performance of the music, none of which Corite take any responsibility for.
We have no special relationship with or fiduciary duty to you. You use our Services solely at your own risk. You acknowledge that we have no control over, and no duty to take any action regarding: which users gains access to the Site; what content you access via the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Corite from all liability for you having acquired or not acquired content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Corite makes no representations concerning any content contained in or accessed through the Site, and Corite will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. The Site and the Services are provided "as is" and "as available” and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Corite, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CORITE SHALL CREATE ANY WARRANTY.
11. Limitation of Liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO UNINSTALL ANY CORITE SOFTWARE, TERMINATE YOUR ACCOUNT AND TO STOP USING THE SITE AND THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CORITE, STORES, DIGITAL DISTRIBUTION PARTNERS, OR ANY OF THEIR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE CORITE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CORITE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CORITE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN €1,000 (one-thousand EURO), TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
12. Indemnification
YOU SHALL INDEMNIFY AND HOLD HARMLESS CORITE, ITS SUBSIDIARIES AND AFFILIATES (INCLUDING ANY DIRECTORS, MEMBERS, EMPLOYEES, MEMBERS AND OTHER REPRESENTATIVES) AND THE STORES AS WELL AS OUR DIGITAL DISTRIBUTION PARTNERS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, LEGAL EXPENSES AND COUNSEL FEES, ARISING OUT OF ANY BREACH OR ALLEGED BREACH BY YOU OF THE ABOVE WARRANTIES AND REPRESENTATIONS AND/OR USE OF THE RECORDINGS OR MATERIALS AS PERMITTED HEREUNDER.
13. International/Non-Sweden Use
We make no representation that the Site or the Services are appropriate or available for use in locations outside of Sweden and accessing the Site or the Services is prohibited from territories where the Services are illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.
14. Confidentiality
You agree that in the course of dealing with us pursuant to this Agreement you may become aware of confidential information relating to our business or the business of Stores or our Digital Distribution partners. You shall keep such information confidential, except to the extent that such information is already in the public domain or is required to be shared by operation of law.
You agree that we shall have the right to provide information related to the usage and sales of a your Recording(s), together with any supplementary data that we collect on your behalf as part of the Service, to third parties including but not limited to our Digital Distribution partner as we may appoint and the Rightsholder and Backer’s as described in our Privacy Policy.
15. Events outside of our control (Force Majeure)
Corite takes no liability or responsibility for any failure in providing any of our Services, if they are caused by an event outside Corite’s control. Force Majeure means an event beyond our control which prevents us from complying with any obligations under this Agreement. These events include, but are not limited to, fires, earthquakes, tidal waves, floods, war, hostilities, invasion, embargo, revolution, civil war, riot, strikes, lockouts, acts or threats of terrorism, commotion, failures of public or private telecommunication networks, third party force majeure and an epidemic.
Should an event of Force Majeure occur, Corite will notify you as soon as reasonable and give an estimate when due fulfilment can be expected. You may cancel your Services with us if your Service is affected by Force Majeure and if it has continued for more than 90 days.
16. Third-Party Sites
If you follow a link from our Site to another website, what happens there is between you and them — not us.
Our Site may contain links to other third-party websites (for instance, campaign pages, user profiles, and comments may link to other sites). When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Corite partners with other companies (such as Stripe, PayPal and Swish) for payment processing. When you back or create a campaign, you’re also agreeing to the payment provider’s terms of service, which is a separate agreement between you and the payment provider.
17. Assignment, Transfer and Sub-contracting
We may freely transfer or sub-contract the Services to any Digital Distribution partner or other entity within our corporate group. We may also assign, sub-contract and/or transfer our rights and obligations under this Agreement wider than this to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or the obligations to you under this Agreement. You may not assign this Agreement or any part of the Agreement, nor transfer or sub-license your rights granted to us under the Agreement, to any third party.
18. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and us, this Agreement, including each Campaign Contract, constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of this Agreement and the Campaign Contract, whether written or oral.
19. Severance
Each of the sections, paragraphs and sub-paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections, paragraphs and sub-paragraphs will remain in full force and effect.
If a party hereto fails to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Please note, however, that other aspects of your use of the Site or the Services that we offer may be governed by additional agreements. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and this Agreement, the additional terms shall prevail.
20. Choice of law and disputes
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement, each Campaign Contract (and any non-contractual disputes/claims arising out of or in connection with them), together with our Site and Services, will be governed by the substantive laws of Sweden and any dispute regarding the aforementioned shall be submitted to the exclusive jurisdiction of the District court of Stockholm, Sweden.
In the event of a dispute between you and us arising out of this Agreement or a Campaign Contract, you and we undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing litigation.
21. Early terminations
As much as we’d like everything to last forever, few things do. Therefore there are ways to end Campaigns and the Digital Distribution of Recordings earlier than intended, as long as we make sure everyone gets a fair compensation.
Termination of the Digital Distribution Term
The Digital Distribution Term may be terminated by a Rightsholder upon 14 days written notification (including notification by email) of such termination providing there are no outstanding payments due to us and the Campaign Term has ended or been terminated at the same time (as described below).
The Digital Distribution may be terminated by us upon 14 days written notification (including notification by email).
Upon termination, we shall instruct our partners to remove the applicable Recordings from all Stores but we will not be responsible for third-party exploitation after the removal instruction has been sent.
Early termination of the Campaign Term
The Campaign Term may be terminated by a Rightsholder upon 14 days written notification (including notification by email) to Corite, after our receipt of such notification and after our written confirmation of the same. However, the early termination will only come into effect after we receive from the Rightsholder the following:
- an amount equal to the Funding which has not yet been repaid (if any) to the Backers plus a fee of 5% to Corite on that amount; as well as
- a further amount equal to the total Net Revenues less Royalties until the termination date, plus an amount equal to the amount described in i) above.
The amounts above, excluding the Corite fee, shall be shared by Corite with the Backers of the terminated Campaign Term as if these payments were Net Revenues.
By ensuring that Backers who have supported a Campaign are compensated, as described above, we hope that we can ensure that Rightsholders can end Campaigns early and that Backers will be compensated fairly in such case. In practice this means that the minimum compensation is double the Funding amount and in all other cases double the amount received up until the termination date. No other compensation will be paid in connection with Early Termination of a Campaign Term.
The Campaign Term may be terminated by us upon 14 days written notification (including notification by email). For the early termination to come into effect we will pay the same amounts to the Backers as if the Rightsholder had requested the termination.
Refunds in case of early termination
If we terminate the Site or the Services, your right to compensation will be limited as further described under section 11 (Limitation of Liability). However, in the event of our cancellation of the Services, and if you are a Backer, you may be entitled to a refund which will not exceed the sums actually paid by you to us. In such event, we shall refund to you what you have paid to us less an amount which is in proportion to what has been performed by us until we have communicated to you our termination of the Agreement together with any unpaid shares of Net Revenues which may have become payable to you during the period between the formation of the Agreement between you and us and until we have communicated to you our termination of the Services.
22. Account termination and suspension
If you are a Backer or a Rightsholder, you will need to have an account with us for the duration of the Campaign Term and the Digital Distribution Term. Please contact us directly by e-mailing [not active] for any questions regarding your account.
If you are not currently involved in a Campaign or Digital Distribution of Recording(s), either as a Backer or a Rightsholder, you can terminate your account at any such time by e-mailing [not active]. We may retain certain information as required by law or as necessary for our legitimate business purposes.
All provisions of this Agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. For instance, if you’ve launched a Campaign, deleting your account will not automatically remove the Campaign from the Site. You can contact us at [not active] for additional information or to request Campaign deletion (this is not available in all circumstances).
Account suspension
We have the right to suspend your account, terminate this Agreement in relation to you without notice and or withhold payments or refunds following any behavior deemed by us as fraudulent, threatening, disrespectful or otherwise carried out by you or any associated parties or which we deem to be in breach or in violation of our Rules of Conduct (as described in section 2 (Things you shouldn’t do) above). Further, in the event that there is any third party claim made against us, any of our associated companies or sub-contractors, in respect of the Recordings or otherwise, without prejudice to any other rights we may have, we reserve the right to withhold payments from you until such claim is resolved.
Corite reserves these rights:
- We can make changes to the Corite Site and Services without prior notice to you and without any liability for Corite towards you.
- We have the right to decide who’s eligible to use Corite. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Corite in that jurisdiction.
- We have the right to cancel any funding to any Campaign, at any time and for any reason.
- We have the right to reject, cancel, interrupt, remove, or suspend any Campaign at any time and for any reason.
- We have the right to reject Recordings or any associated Materials uploaded to the Site or the Services by you.
Corite is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
23. Changes to the Agreement
We may change this Agreement from time to time. All such changes and amendments to the Agreement will be effective from the date on which they are posted on the Site (except where local applicable law requires a longer notice period or other requirements) and every time you order Services from us, the conditions of the Agreement in force at the time will apply to the contract between you and us. We’ll let you know about any material changes or amendments to the Agreement, either by notifying you on the Site or by sending you an email. New versions of the terms included in the Agreement will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Corite after a change has been made and notified, that means you accept the new terms in the Agreement.
If you are a Rightsholder or a Backer and we have to revise the conditions of the Agreement as they apply to the Services we provide to you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Agreement if you are not happy with the changes.
You may not alter the terms and conditions of this Agreement.
24. Contact Us
Thank you for reading our Terms of Use. If you have any questions about these Terms, please message us through our support chat or by writing to us at the following address:
Corite AB
Igeldammsgatan 22C
112 49 Stockholm
Sweden
Hope you enjoy Corite!
Terms of Use before 2 October 2019
1. Welcome to Corite!
This page explains our terms of use. When you use Corite, you’re agreeing to all the rules on this page. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations of what everything means — hence the brief summaries in these blue boxes. The summaries, for the record, are not part of the official legal terms.
Welcome to Corite. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Corite AB (together with its and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Corite,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy including our Cookie Policy.
We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Corite after a change, that means you accept the new terms.
Corite is for your personal, non-commercial use, except as explained in section 4 and section 5 below.
“Recordings” shall mean any and all audio recordings that you submit to Corite 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 Corite 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.
”Campaign” shall mean the offer to funding of Recordings on Corite.
”Creator” shall mean a user who has created a campaign on Corite.
”Backer” shall mean a user who has funded a campaign.
”Corites” shall represent the size of the share of the royalties that backers are entitled to in each funded campaign during the term of this agreement.
2. Creating an Account
You can browse Corite without registering for an account. But to use some of Corite’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should message us through our support chat.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
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 Terms and bind the entity to the Terms, and that you agree to the Terms on the entity’s behalf.
Please review our Privacy Policy for information regarding security, confidentiality, and what we do with the data you provide us.
We will always make a reasonable effort in ensuring that our Services are available. Should the Services be interrupted in any way, we will make a reasonable effort to correct the interruptions without delay. We are, however, not liable for any errors, delays or interruptions that might occur.
3. Things You Shouldn’t Do
We want everyone who loves music to use Corite and we expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
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Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
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Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
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Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of Corite’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
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Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
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Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
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Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Corite or another party).
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Don’t abuse other users’ personal information. When you use Corite — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Corite project: don’t use it for other purposes, and don’t abuse it.
We also need to make sure that the Site is secure and our systems function properly.
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Don’t try to interfere with the proper workings of the Services.
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Don’t bypass any measures we’ve put in place to secure the Services.
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Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Corite or another party.
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Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
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Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
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Don’t take apart or reverse engineer any aspect of Corite in an effort to access things like source code, underlying ideas, or algorithms.
4. How Campaigns Work
Most of our Terms of Use explain your relationship with Corite. This section is different — it explains the relationship between creators and backers of Corite campaigns, and who’s responsible for what. This is what you’re agreeing to when you create or back a Corite campaign.
Corite provides a funding platform for recorded music. When a creator posts a campaign on Corite, they’re inviting other people to form a contract with them. Anyone who backs a campaign is accepting the creator’s offer, and forming that contract.
Corite is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:
When a campaign is successfully funded, the creator must complete the campaign and release the recorded music as soon as possible. Once a creator has done so, they’ve satisfied their first obligation to their backers. The second obligation is to share their royalties as described in section 5.
Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the music to the market. At the same time, backers must understand that when they back a campaign, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the campaign as promised.
If a creator is unable to complete their campaign and release the music, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the campaign to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:
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they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the campaign as planned;
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they work diligently and in good faith to bring the campaign to the best possible conclusion in a timeframe that’s communicated to backers;
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they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the campaign as promised;
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they’ve been honest, and have made no material misrepresentations in their communication to backers; and
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they offer to return any remaining funds to backers, or else explain how those funds will be used to complete the campaign in some alternate form.
The creator is solely responsible for fulfilling the promises made in their campaign. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
5. How Funding Works
These are the terms that apply when you’re backing a campaign:
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The value of a Corite depends on the value of the song. A Corite have the same price, but depending on the valuation the creator sets for the song, the total sales required to get your money back may differ. Some creators may set a low valuation to get a lot of backers, some may value their work so highly that they request a higher price, in other words setting a high valuation. Ultimately this is what you have to decide: do you love the music and do you believe it will reach the success the creator tells you.
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You can change or cancel your pledge at any time before the campaign’s funding deadline (with one exception). You can increase, decrease, or cancel your pledge at any time during the campaign, with one exception. During the last 24 hours of the campaign, you can’t decrease or cancel your pledge without contacting customer support first — if that action would drop the project below its funding goal. Once the campaign has been funded, you can only cancel or change your pledge by making special arrangements directly with the creator.
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The Estimated Release Date is the creator’s estimate. The release schedule may change as the creator works on the project. We ask creators to think carefully, set a date they feel confident they can work toward, and communicate with backers about any changes.
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The creator will share royalties with you based on these factors:
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Total share of royalties from Recordings the creator controls. Typically this is 100% of the royalties from sales in the Stores, but it is at the creators discretion to offer a smaller share as part of their campaign or for creators that control less than 100% to offer their share of the royalties.
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The share of the royalties offered as part of the campaign. In effect this is the share that backers can acquire by getting Corites.
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The number of Corites that you acquire when backing the campaign.
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Backers keep their Corites for one year. As a backer you will retain your share of royalties as described above for a maximum of one year, not withstanding other parts of these Terms to the contrary. At that point the creator will no longer be required to share royalties with you.
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You can’t sell or otherwise transfer the Corites to any other person or legal entity on Corite. A Corite is not tradeable.
These are the additional terms that apply when you’re creating a campaign:
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You set the valuation yourself. When creating a campaign you set the valuation of your music. This is normally based on the potential sales, but you could have other factors deciding the cost of the share of royalties you offer as part of your campaign. At the end of the day, this will be an agreement between you and the backers.
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You can refund individual pledges if you want. After your project has been funded, you can cancel and refund a backer’s pledge at any time. If you do, you have no further obligation to that specific backer, and no agreement exists between you.
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You will distribute the music through Corite. This way both creators and backers will easily share the same royalty payment information. The distribution agreement is a separate agreement between the creator and Corite.
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We’ll charge our fees before putting funds in your account. Corite and its payment partners will subtract fees before transmitting the proceeds of a campaign.
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We'll help resolve payment-card disputes. If a backer of your project disputes the charge with their card issuer, we'll handle re-presenting the charge to settle the dispute with the card issuer. You’ll be notified that a dispute has been filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your project for the amount of the chargeback.
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Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the money pledged until you actually have the ability to withdraw it from your account and spend it.
6. Grant of rights
As a creator you grant us the right 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.
By using our Services you grant us, during the Term and throughout the Territory,
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The exclusive right to make your Recordings available on the Internet and without limitation, on all Stores and any other similar digital media for sale by downloading, interactive and non-interactive streaming, cloud services and streaming-on-demand or now known or hereinafter devised, similar means of making use of the Recordings.
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The right to sell, make sales promotion clips of, copy and otherwise, to the extent necessary under this Agreement, make use of and alter the Recordings and Metadata, by all means and media, of which you submit to Corite, through any and all Stores now available and operational and also the right to sublicense or otherwise transfer such rights to the Stores.
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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 Corite.
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The right for Corite to sublicense or otherwise transfer the above rights to any and all Stores.
The above does not constitute a transfer of ownership to any of the material you have uploaded or submitted to Corite.
Any and all rights granted to us above, are granted on a royalty-free license basis. This includes the use of any lyrics of the Recordings, if you have submitted any.
7. Your Music, Materials And Information
When you upload your Recordings through our Services, you are asked to submit Metadata as well as cover artwork for use on the Stores. You submit the Recordings, cover artwork and any other information and material at your own expense and in formats required for use on the Stores.
You are fully responsible for everything you submit to us. If we find it unsuitable, we reserve the right to, in our sole discretion, remove the information and/or prevent you from using our Services and/or any or all Stores.
8. Royalties And Payouts
You keep 100 % of your royalties earned, with the exception of any applicable taxes due from you by law and any payment, currency exchange and banking fees charged by the payout method. You are to every extent responsible for paying any other rights holders that you might (producer, featured artist etc.) have and any applicable taxes according to the tax laws of your country.
You agree that your royalties are subject to the conditions and pro rata provisions as agreed in each agreement Corite has entered into with the Stores. The price is determined by us and the Stores, in our sole discretion.
The Stores report your earned royalties to us. Royalties will be credited to your Corite Account monthly. The royalties refer to previous months as reported to us by the Stores, after we’ve received payment from the Stores. Each Store has their own timeline delay of reporting your earned royalties, usually between 2-3 months. When royalties have been credited to your account, you are able to request to withdraw the money. Do note that due to the reporting delay, you will not receive any royalties during your first month(s) until Corite has received the first reports from the Stores.
The minimum amount you can pay out is 10 EUR and cannot be paid out in parts. The payout process takes about 3-5 business days. We will do our best to comply with this.
The payout method used is PayPal. You must hold a PayPal account to be able to receive your royalties earned. Corite reserves the right to add and change method of payout. If your PayPal account information has changed, it is your responsibility to inform Corite about the changes. We reserve the right to withhold a payout should we suspect that the PayPal information is incorrect or that an unauthorised person has accessed your account.
Should a Store report the wrong amount, however great, of royalties that you have earned, Corite reserves the right to retroactively amend this.
9. Stores
We have entered into agreements with different Stores for the purpose of distributing your Recordings. You may choose the Stores you want your Recording to be delivered to. The agreements that Corite enter with the Stores shall determine the terms on which your Recordings are sold or made available. It might vary from time to time, which Stores Corite has entered into agreement with. Therefore, Corite cannot guarantee the sale and/or exploitation of the Recordings in any particular Store. Corite assumes no liability if your Recordings are not made available in a particular Store.
Corite assumes no liability for any interruptions, delays, errors or any suspensions of access, reports or payouts, in the Stores, neither in whole nor in part.
When you upload your Recordings and Metadata through the Service, we will send your Recording to the Stores. You can set a date for the release of your Recording. However, each Store determines the delivery time for the distribution of your Recordings. We do not assume liability for the delivery times of the Stores.
10. Risks
Music is a work of art. This means there are no guarantees that it will be commercially successful. Regardless of how much you have funded campaigns on Corite they could theoretically never generate substantial royalties. You should only acquire Corites if you believe you can risk losing them and, in effect, giving them away as a contribution to the creator.
Corite does not recommend campaigns, artists or tracks, give advice or any guarantees. This includes the valuation of the music which is set by the creator.
Every track is a beautiful and unique snowflake. So is the artist, the team working with the artist, the cover art designer and, for that matter, the roadie. All things may influence the sales performance of the music, none of which Corite take any responsibility for.
11. Our Fees
Fees are charged when campaigns are funded. We charge 5%, in addition to any fees from our payments partners.
Creating an account on Corite is free. If you create a campaign that is successfully funded, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and Corite isn’t responsible for its performance.
You’re responsible for paying any additional fees or taxes associated with your use of Corite.
12. Other Websites
If you follow a link to another website, what happens there is between you and them — not us.
Corite may contain links to other websites. (For instance, campaign pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Corite partners with other companies (such as Stripe) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.
13. 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 third party’s intellectual property rights. If you do, you acknowledge that Corite 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:
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You are not under any disability, restriction or prohibition to enter into the Agreements and grant the rights under the Agreements.
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You are responsible for all the Recordings and other materials and information uploaded through the Services.
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You are the owner or legally represent the owner of the Recordings and the materials and that you possess full power and authority to enter into and perform under the Agreements.
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You have not entered into any agreement which may conflict with the Agreements.
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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.
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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.
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The Recordings are original and does not contain any samples which have not been cleared or else infringe upon the right of any person or third party.
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You shall not commit any act which might damage the reputation of Corite or might inhibit, restrict or interfere with the exploitations of the Recordings.
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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.
You also agree that you will comply with all of the other provisions of the Agreements, at all times during your use of the Service.
You agree that Corite may terminate your Corite Account if you violate the Agreements or, if Corite believes, in Corite’s good faith discretion, that you are infringing the intellectual property rights of third parties and/or engaging in otherwise fraudulent activity.
Moreover, you agree and warrant that you shall not, in any way, conduct in any forced activity or systematic listening, and that if you do so, it may result in Corite deleting and blocking your Corite Account and removing any or all uploaded Recordings, without notifying you.
You agree that you are solely responsible for (and that Corite has no responsibility to you or to any third party for) any breach of your obligations under the Agreements and for the consequences (including any loss or damage which Corite may suffer) of any such breach.
You acknowledge again that Corite 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 if you breach any of the above.
14. Corite’s Intellectual Property
The content on Corite is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Corite’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Corite grants you a license to reproduce content from the Services for personal use only. This license covers both Corite’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Corite or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
15. Infringement And Reporting Of Content
Corite 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 Corite is notified by a copyright holder that any content infringes a copyright, Corite 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 Corite with a request to restore the removed content.
If you believe that any content infringes any other intellectual property rights or does not comply with these Terms of Use, please message us through our support chat.
16. Deleting Your Account
You can terminate your account at any time by e-mailing [not active]. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a campaign, deleting your account will not automatically remove the campaign from the Site.) You can contact us at [not active] for additional information or to request campaign deletion (this is not available in all circumstances).
17. Our Rights
To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.
Corite reserves these rights:
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We can make changes to the Corite Site and Services without notice or liability.
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We have the right to decide who’s eligible to use Corite. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Corite in that jurisdiction.
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We have the right to cancel any pledge to any campaign, at any time and for any reason.
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We have the right to reject, cancel, interrupt, remove, or suspend any campaign at any time and for any reason.
Corite is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
18. Warranty Disclaimer
We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
CORITE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CORITE SHALL CREATE ANY WARRANTY.
19. Assignment
Corite may assign the Agreements or any part of them, and Corite may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
20. Indemnification
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Corite. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
21. Limitation of Liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE CORITE SERVICE IS TO UNINSTALL ANY CORITE SOFTWARE AND TO STOP USING THE CORITE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CORITE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE CORITE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CORITE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CORITE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN €1,000 (one-thousand EURO), TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
YOU SHALL INDEMNIFY AND HOLD HARMLESS CORITE, ITS SUBSIDIARIES AND AFFILIATES (INCLUDING ANY DIRECTORS, MEMBERS, EMPLOYEES, MEMBERS AND OTHER REPRESENTATIVES) AND THE STORES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, LEGAL EXPENSES AND COUNSEL FEES, ARISING OUT OF ANY BREACH OR ALLEGED BREACH BY YOU OF THE ABOVE WARRANTIES AND REPRESENTATIONS AND/OR USE OF THE RECORDINGS OR MATERIALS AS PERMITTED HEREUNDER.
22. Force Majeure
Corite takes no liability or responsibility for failures in providing any of our Services, if they are caused by an event outside Corite’s control. Force Majeure means an event beyond our control which prevents us from complying with any obligations under this Agreement. These events include, but are not limited to, fires, earthquakes, tidal waves, floods, war, hostilities, invasion, embargo, revolution, civil war, riot, strikes, lockouts, acts or threats of terrorism, commotion, failures of public or private telecommunication networks, third party force majeure and an epidemic.
Should an event of Force Majeure occur, Corite will notify you as soon as reasonable and give an estimate when due fulfilment can be expected. You may cancel your Services with us if your Service is affected by Force Majeure and if it has continued for more than 90 days.
23. 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.
24. Changes To The Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, 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.
25. Contact Us
Thank you for reading our Terms of Use. If you have any questions about these Terms, please message us through our support chat or by writing to us at the following address:
Corite AB
Norrsken House, Box 13
Birger Jarlsgatan 57c
113 56 Stockholm
Sweden
Hope you enjoy Corite!