Terms & Conditions
Download the current 'Terms and Conditions' file here.
Last updated on: August 13, 2018
If you have any questions, contact us.
General Terms and Conditions
This is a legal agreement ("Agreement") between and among you and Coldwave Records (and all of its associated brands: Coldwave Store, EH Mídia, Ehtraxx, B-SidEhtraxx, Remix Comps, Coldbeat, Coldwave Compilations and any other entity affiliated with Coldwave Records), stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the Coldwave Records websites, including the remix contests, service pages, blog, or other services located at websites owned by Coldwave Records or Coldwave Records branded (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the "Website", as the context requires, including without limitation any mobile version, IOS and/or Android application). By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Coldwave Records reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
1. Age Requirement.
In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of this Website or services being offered on the Website where you need to register and provide certain information to Coldwave Records: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click "AGREE" or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf. Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Website, including all financial charges and legal liability that he or she may incur.
2. Content and Products.
All "Content", including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials and news, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Coldwave Records, and is protected by Brazil and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Coldwave Records or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is "Products," which is certain Content made available by Coldwave Records for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided by Coldwave Records with appropriate license.
3. Objectionable Material.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Coldwave Records shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
4. Account Registration.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Coldwave Records ("Registration Data") for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. Coldwave Records may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, or, if Coldwave Records, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Coldwave Records may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Coldwave Records immediately of any unauthorized use of your password and/or Account. Coldwave Records shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Coldwave Records, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Coldwave Records shall have the right to terminate your Account and pursue all available remedies at law.
5. Consent to our communication with you by E-Mail.
By establishing an Account, you grant permission for Coldwave Records to contact you at your provided e-mail address as well as through any of your social media accounts (Facebook, Twitter, Instagram, etc.).
6. System Requirements for Usage.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Content. If you need information on the specifications of any equipment, internet access or software required to use the services provided by the Website, please contact Coldwave Records. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
7. Charges and Billing.
You agree to pay for all for-fee Products and Subscriptions that you purchase through the Website. Coldwave Records may charge your credit card for any Products and Subscriptions purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Coldwave Records to charge your credit card for the above mentioned at Coldwave Records' convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, unless as may be required to process pre-order purchases at your request. YOU ARE RESPONSIBLE FOR PROVIDING COLDWAVE RECORDS WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Coldwave Records may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Coldwave Records may, at its discretion, modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Coldwave Records will not be liable to you or to any third party should it exercise such rights.
8. Limitation on Sales
Coldwave Records sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Coldwave Records reserves the right to refuse access to the Website or sale of Products or offering of streaming music for any reason, to any end user. Coldwave Records may terminate any offers for free or special promotions or pricing on merchandise at any time.
9. Right to Change Prices and Content Availability.
Prices and availability of Content offered through the Website are subject to change at any time. Coldwave Records does not provide price protection or refunds in the event of a price drop or promotional offering.
10. Sales of Downloads.
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Coldwave Records charts and other marketing data, Coldwave Records reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Coldwave Records’ sole discretion, falsely inflate sales data.
11. No Refunds.
All sales are final and all charges from those sales are nonrefundable. Coldwave Records will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Coldwave Records.
12. No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Coldwave Records reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
14. Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute Coldwave Records' offer to sell or (2) convey Coldwave Records' acceptance of your order. Coldwave Records reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, Coldwave Records reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Coldwave Records chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.
15. Charges and Billing.
Coldwave Records currently accepts American Express, Visa, Master Card, Solo credit cards, and PayPal. Coldwave Records does not accept cash, money orders, or checks. Coldwave Records reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Coldwave Records, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Coldwave Records will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Coldwave Records' management's sole discretion.
Coldwave Records accepts the following currency: US Dollars. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made using US Dollars shall be processed by Coldwave Records. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website.
17. Limitations of Content Usage and Copyright.
Coldwave Records may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Coldwave Records ("Content Rules") and described in this Agreement or on the Webpage where you acquire access to such Content. You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. COLDWAVE RECORDS RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Stream” is the digital transmission of a sound recording of a musical work to an end user over the Internet where the content may be heard or viewed, but not downloaded for later playback. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Stream.
A "Preview" is a promotional portion of a sound recording which is made available to you by Streaming while you are logged onto the Website. Previews may also consist of a promotional music video. Previews are offered at no cost to you, via Streaming, and you may play as many Previews as you like. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Preview.
A "Download" is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Coldwave Records shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Previews, Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use. Any copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the Brazil Copyright Code, and is in violation of Brazil and international copyright and intellectual property laws.
18. Prohibited Uses of Content.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, Streams and/or Previews. You may not create any "derivative works" by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS, STREAMS OR PREVIEWS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of Brazil and international copyright law.
19. Stems File Format
The Limitations of Content Usage and Copyright, as provided in Section 17 of this Agreement, the Prohibited Uses of Content, as provided in Section 18, and any other terms and conditions that apply to standard digital downloads of sound recordings, are applicable to any Content downloaded in the Stems file format. For clarity, any digital download of a sound recording, including those in the Stems file format, are provided only for your personal, noncommercial use, or performance.
20. Loss of Rights by Coldwave Records.
Coldwave Records may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
21. Electronic Signatures and Contracts.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
22. Coldwave's Rights.
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Coldwave may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Coldwave's use of such Content exploits any proprietary rights you may have in such material, you agree that Coldwave has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
All copyrights in and to the Website, including, but not limited to, Coldwave Records website, the Remix Comps website, and the Coldbeat Official Website and Blog, are owned by Coldwave and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Coldwave and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Coldwave and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
25. Violation of Intellectual Property Rights.
This service respects copyright. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the works other than for the purpose of individual and private reproduction and use is prohibited.
If Coldwave receives a notice alleging that you have engaged in behavior that infringes Coldwave's or an other's intellectual property rights or reasonably suspects the same, Coldwave may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. We take alleged copyright infringement seriously. If you believe that any information or material on the Website constitutes copyright infringement, please report by e-mail to: email@example.com
26. Enforcement of These Terms.
Coldwave reserves the right to enlist and take measures that Coldwave believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to Coldwave's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and/or Content is unlawful and/or infringes such third party's rights). You agree that Coldwave has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Coldwave believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Coldwave's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party's rights).
27. No Responsibility for Third-Party Materials or Web Sites.
The Website may include Products, Content, and services from third parties available via the Website. Coldwave may include links to third party websites, which are provided solely as a convenience to you. Coldwave assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Coldwave is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
28. Indemnity and Waiver.
By using the Website you agree to defend, indemnify and hold harmless Coldwave and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Coldwave and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
If you fail, or Coldwave suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Coldwave with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Coldwave believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights and squatting usernames or profile accounts, as well as using explicit language or indecent photographs/videos in any profiles, or any other violation of this Agreement or any license to the software, Coldwave, at its sole discretion, without notice to you may: (i) terminate this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.
30. Governing Law.
The laws of the State of Rio Grande do Sul, of Brazil, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Coldwave or relating in any way to your use of the Website resides in the courts of the State of Rio Grande do Sul, Brazil.
31. Disclaimers and Limitations of Liability.
(a) You agree that from time to time Coldwave may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.
(b) Coldwave makes no warranty that any particular CD burner, browser, or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Coldwave be liable for any unauthorized use of the Website or its Content.
(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Coldwave shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
(e) All Content on this Website is provided to you on an "as is" "as available" basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Coldwave makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Coldwave makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses.
(f) Coldwave specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if Coldwave has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
Independent Artists Section:
Submitting tracks/ demos using our 'Demo/ Track Submission Form'
By sending demos/ tracks to Coldwave Records using the 'Demo/ Track Submission Form':
(a) You confirm and agree to all our terms listed in this 'Terms & Conditions' page and you understand that Coldwave Records may use your information to create an "Account" inside our system.
(b) You confirm you have double checked all the fields, all the information is 100% correct and so is the music file. You understand that if some information is wrong it may affect the release.
(c) You agree and understand that by sending us your music demo you may become part of the label team of artists, and this way, you agree to be part of our promo lists and newsletter lists and check e-mails regularly. You also understand that we (the label) will not analyze or accept your music if you have already unsubscribed from our lists before.
(d) You understand that you are directly responsible for the material you are sending as demo and you have full authority to send it to us (the label), and if any third party comes and claims copyrights over any content included on your track/ demo you exempt the label of any responsibility and you assume the costs of any damage that may be caused to the label from any copyright infringement on your behalf.
Digital Music Distribution Terms & Conditions (for Independent Artists)
Note that those are the standard 'Terms & Conditions' applied for Coldwave's Digital Music Distribution agreements, but each and every track will demand a particular and exclusive agreement, establishing each term, which shall be read, agreed and signed by artist(s) and label. If you want or need any of these terms to be different of what is listed below, click here and contact the label to discuss terms and conditions before submitting songs for Digital Music Distribution.
1. Type of License:
Label acquires all Master Recording rights in all formats plus right to use Artist’s name in relation to all Single, Remix, and Compilation Album Releases, Advertising & Promotions and Sales in Retail and Digital Outlets.
Original Mix: 50% Label / 50% Original Mix Artist of Net Sales
Remixes: 50% Label / 25% Original Artist / 25% Remixer Artist of Net Sales.
Net Sales derived from Gross Sales minus Standard Retail %. Royalty due derived from Net amount minus Distribution % and if applicable minus Standard Deductions. Term to be liquidated in 4 accounting periods from Beatport.
Will be discussed and set later between Artist and Label.
At the end of quarter 2 (June 30) and quarter 4 (December 31), 90 days thereafter. Gross Sales threshold must exceed $50 (US dollars) for payment to process. If limit is not met, amount will be held until next accounting period. All payments made through Paypal.
To be controlled by Label in whole. Artist shall receive directly from its performing rights society 100% of the writer’s share of the performing royalties. Artist hall be solely responsible for the so called "writer’s share" of public performing rights royalties from the performing rights organization which artist is affiliated.
Type of Usage:
Master Recording Rights
Artists assigns any right, title, or interest in Master copyright to Label. Label had the right to register copyright. Artist may use for a personal mix compilation free of charge from Label. Artist must not give away more than 50 promos. Post online, blog, or stream of Master are allowed, as long as downloads are DISABLED. Sharing it as free download without permission of Label will be considered breach of contract resulting in loss of Artist rights in contract. The Artist warrants that it has obtained all relevant consents for the manufacture, promotion, and sale of music embodying the Master and for the use and publication of the name, biography, and photograph of the Artist herein; that the Label shall be under no liability to the Artist(s) or to any other third party arising out of the use of the Master as herein provided; that it has the power to enter into this agreement; that it is not aware of any third party rights that are likely to be infringed by the execution or performance of this Agreement; that there is no claim threatened or pending in respect of the Master or any matter related thereto; that Artist shall indemnify and keep the Label fully indemnified and hold the Label harmless against all losses, damages, claims, costs, and expenses (including but not limited to reasonable legal fees) arising out of any breach of the Artists’ obligations that have not been settled with the prior written consent of both parties. Artist is responsible for all sample clearances. Label is not responsible or liable for any unauthorized sample used in creation of Master recording.
Record Labels Section:
1. Subject of the Agreement
a. The company and Coldwave Store agree to enter into this agreement with the goal of exclusively selling the company’s products via Coldwave Store across the territory.
2. Grants of Rights
a. The Company hereby grants Coldwave Store in the territory, during the term the rights to convert, bundle, sell, use, copy, distribute, produce, issue copies to the public, perform, cut, broadcast, communicate, make available to the public and exploit the products in relation to Coldwave Store’s service.
b. To use the Company’s name and trademarks, as well as the Company’s artist information and likeness, for the purposes of promoting the product.
3. Company Commitments and Responsibilities
a. The Company agrees to be responsible for any and all clearances and/or payments in respect of the products and/or granted rights.
b. The Company agrees to be responsible for any/or all clearances or payments in respect of the publishing rights for sales made in the territory.
c. The Company agrees to provide (and agrees that sometimes Coldwave Store will provide) pre-listening files in low resolution format and all information contained in the “METADATA“, as well as all other materials with the purpose of generating sells to end users.
d. The Company under this agreement, excludes any right to Coldwave Store to do remixes, edits, alterations of the master tracks, graphic files, video clips or any other copyright protected materials.
4. Coldwave Store Commitments and Responsibilities
a. Coldwave Store commits to convert the content into such format or formats necessary or desirable to create or otherwise develop and provide the service.
b. Coldwave Store grants to the Company that all label royalty payments are net payments to the company. Coldwave Store shall not deduct any fees for technology, transactions, mechanical payments or any other processes involved.
c. Coldwave Store grants to the Company that it will perform its best efforts as long as its commercially reasonable, in order to keep Coldwave Store’s selling services available.
d. Coldwave Store, at its sole discrepancy, reserves the right not to list a specific release if it finds that the content will not perform well on sales, or if the release has any political, sexual, or any controversial content that may cause discomfort to any user or potential client of the Coldwave Store services.
5. Royalty and Accounting
a. At the end of each quarter ending (31st March, 30th June, 30th September, 31st December) Coldwave Store shall account the royalties due and shall provide the Company within 60 days after the end of each quarter with a reasonable detailed calculation of the royalties in respect of activity in the proceeding quarter. The Company shall then invoice Coldwave Store for the calculated royalty shown to be due and the royalties shall be payable within 15 days from the end of the month of the date that the invoice is received. Coldwave Store may withhold any taxes, duties, charges or levies on payments by Coldwave Store to the Company pursuant to this agreement as may be required by applicable law, rule or regulation and shall remit such withholding to the appropriate authority.
b. The Parties agree that Coldwave Store withholds a transaction fee of 50% (fifty) on all net income on sales from the Coldwave Store, all such sales shall be stated in royalties statements to the Company.
c. Any royalties that fail to meet the minimum of $100 dollars, will be carried over until you do reach the $100 dollars threshold.
6. Terms Of The Agreement
a. This agreement has an initial length of 1 Year (one) from the date that we receive your signed agreement, renewed automatically for another year if not terminated 3 months (three) prior its end by either party in written. Once terminated and expired, Coldwave Store shall destroy all master copies provided by the Company therefore making them inaccessible.
b. If for any reason either party materially breaches this agreement, the aggrieved party shall notify the defaulting party in written form. The defaulting party is given 30 days from the receipt of the notice to fix the material breach. If the defaulting party fails to fix the breach within 30 days from the receipt of the notice, then the aggrieved party has the right to terminate this agreement immediately and in its sole option.
c. Coldwave Store reserves the right to cancel this agreement if The company drops below the threshold stated in paragraph c. under Royalty and Accounting section (5), this decision will be made on a case by case basis.
7. Representations and Warranties
Both parties herewith warrant and represent that they possess the full right and authority to enter and perform this agreement.
a. Both parties agree to hold each other harmless from any loss and damage arising from any claim brought by any 3rd party against the parties to respect to Coldwave Store business to its platform. The Company expressively indemnifies Coldwave Store from any claims or liabilities, should any inconsistency be claimed by 3rd party regarding their rights that the Company passed to Coldwave Store in accordance with grants of rights.
b. Besides this agreement no other issues are agreed upon by between the parties. Any modification or amendments of this agreement needs to be agreed upon in written form to become binding to the parties.
c. The parties agree and acknowledge that the relationship of the parties is in the nature of independent contractors. This agreement will not be deemed to create a partnership or joint venture, and neither party is the other’s agent, partner, employee or representative.
9. Applicable Law
This agreement has been entered into Brazilian Law and its validity and legal effect shall be governed by the laws of Brazil. Any legal action between the parties arising out of this agreement shall be subjected to the Brazilian jurisdiction of the courts located in Rio Grande do Sul.
The 'Remix Comps' page/ section.
Disclaimer: Many of the remix contests listed are not organized by us (unless stated as hosted), we try to list legitimate remix contests only, but accept no responsibility for how they are run.
The 'Free Download' page/ section.
Disclaimer: Coldwave Records assumes no responsibility for the material shared, except for works that explicitly state the name of the label in its description and origin. Coldwave Records does not assume responsibility for copyright issues or guarantee the quality of the material (other than the material of our record label, as mentioned above), users should understand that much of what is freely shared by artists, in some cases, is in low quality (bit rate, production quality, etc.).
The Soundcloud system automatically detects and excludes material that is infringing on copyright, so if so, report the song directly to the source.
If you have any questions, contact us.