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”, “our” or “us”), you’re agreeing to these legally binding rules (the “Terms”).
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 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.
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.
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.
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.
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 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.
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.
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.
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.
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, 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.
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).
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
112 49 Stockholm
Hope you enjoy Corite!