Artcore Terms of Use

  1. About Artcore
    1. We are Artcore Interactive Limited (trading as Artcore), a company registered in England and Wales under company number 14293390 and a registered office at Unit 6, Queens Yard, White Post Lane, London, E9 5EN (we, us or our). Our EU OSS VAT number is EU372050822.
    2. We own and control the marketplace available at www.artcore.com (Site) that allows users to sell and buy digital content and merchandise (Service).
    3. We do not take ownership or possession of any digital content (Digital Content) or goods (Merchandise) listed or sold via our Service and we are not involved in any transaction between a buyer (Fan) and a seller (Artist or Label, as applicable). Artists and Labels are individually responsible for compliance with all consumer rights laws applicable to their sales of Digital Content and Merchandise via the Service.
    4. We do not review content available on the Site. While we may help facilitate the resolution of disputes between Fans, Artists and Labels, we have no control over, and do not guarantee the existence, quality, safety or legality of, the Digital Content or Merchandise advertised; the truth or accuracy of users' content, listings or feedback; the ability of Artists and Labels to sell items; the ability of Fans to pay for items; or that a Fan, Artist or Label will actually complete a transaction or return an item.
    5. If you have any questions about the Site or Service, please contact us by sending an email to support@artcore.com.
  2. These Terms
    1. These terms of use (Terms) explain how you as a Fan, Artist or Label (as applicable), may access our Site and use our Service.
    2. You should read these Terms carefully before accessing our Site and using our Service. By accessing our Site and using our Service, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop accessing the Site and using the Service immediately.
  3. Using our Service
    1. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of our Service.
    2. We make no promise that the Service is appropriate or available for use in locations outside of the UK. If you choose to use the Service from locations outside the UK, you acknowledge you do so at your own risk and are responsible for compliance with local laws where they apply.
    3. We try to make the Site and Service as accessible as possible. If you have any difficulties using the Site and Service, please contact us using the contact details at the top of this page.
    4. As a condition of your access to the Site and use of our Service, you agree to comply with our Acceptable Use Policy set out at clause 14 and agree not to:
      1. misuse or attack our Site and Service by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
      2. attempt to gain unauthorised access to our Site and Service, the server on which our Site is stored or any server, computer or database connected to our Service.
    5. When we supply the Service:
      1. we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
      2. we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the Artcore Guide available here
      3. you acknowledge that there may be minor errors or bugs in it.
      4. We may prevent or suspend your access and use of the Service if you do not comply with these Terms or any applicable law.
      5. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
  4. Registration and password security
    1. Use of our Service will require you to register an account either as a Fan, Artist or Label (Account). We are not obliged to permit anyone to register with the Service and we may refuse, terminate or suspend registration to anyone at any time.
    2. You are responsible for making sure that your unique login details and any other Account details are kept secure and confidential.
    3. If we have any reason to believe that there is likely to be a breach of security or misuse of the Site or Service through your Account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your Account.
    4. Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available here.
  5. Terms applicable to Artists and Labels – intellectual property rights in your Music
    1. Our Service provides Artists and Labels with the ability to upload and sell (in a format available on the Service) Digital Content owned or controlled by such Artists and Labels to the Site, including but not limited to, sound recordings, samples, videos synchronised with the sound recordings and associated artwork (collectively referred to as Music).
    2. We will not have any ownership rights in any part of your Music. However, we need a licence from you to use your Music in a way that enables us to provide our Service to you and other users. Therefore, by uploading Music to our Service (or by requesting us to do so on your behalf) you grant us, and our authorised sublicensees, the worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to:
      1. reproduce, distribute, publicly perform, publicly display, create derivative works of, communicate to the public, synchronise and otherwise exploit the Music only as part of the Service using any technology and media now known or developed in the future;
      2. allow users of the Service to receive public performances and public displays of the Music and to download and reproduce the Music on any and all devices owned or controlled by the user, in each case by means of the Service;
      3. reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you, and any third party you may include in connection with the Music, as part of our provision of the Service; and
      4. use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights solely in connection with the Service or in the marketing, promotion or advertising of the Service, including in all forms of marketing, promotion, and advertising materials now known or created in the future.
    3. By uploading Music to the Service, you represent and warrant that:
      1. you own or otherwise control all of the rights to the Music;
      2. you have full authority to act on behalf of any and all owners of any right, title or interest in and to the Music;
      3. the use or other exploitation of the Music by us and our authorised sublicensees and/or by users of the Service in accordance with these Terms will not infringe or violate the rights of any third party, including but not limited to, any privacy rights, publicity rights, copyrights, or any other intellectual property or proprietary rights; and
      4. no fees of any kind shall be due by us to any third party, including but not limited to, any record label, music publisher, co-writer, union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of the Music as authorised under these Terms.
  6. Terms applicable to Fans – purchasing Digital Content and Merchandise
    1. We are not a party to any purchase of Digital Content and Merchandise you may make via the Service from Artists or Labels. Any purchase of Digital Content and Merchandise is made directly between you and the relevant Artist or Label. Our role is to, on behalf of the relevant Artist or Label, fulfil the purchase and collect payment by means of the Service.
    2. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). Digital Content and Merchandise provided to you must be as described, fit for purpose and of satisfactory quality.
    3. Should you have any issue with any Merchandise purchased via the Service, please contact the relevant Artist or Label direct.
    4. If your Digital Content is faulty, please contact us using the contact details at the top of these Terms with your request and proof of payment, and we will notify the relevant Artist or Label and work with them to resolve your issue. At our sole discretion, you may be credited or refunded for the Digital Content. However, you understand and agree that we are a marketplace that Artists and Labels use to sell their products, and the Digital Content is derived from files provided by the relevant Artist or Label, and the relevant Artist or Label are solely responsible for such files.
    5. To avoid faults in the Digital Content, you must install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded.
    6. We will do all that we reasonably can to ensure that all of the information you give us when paying for Digital Content and Merchandise is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
  7. Terms applicable to Fans – use of Digital Content
    1. When you buy Digital Content via the Service and it is streamed or downloaded, you will not own it. Instead, the Artist or Label gives you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to these Terms.
    2. The Digital Content:
      1. is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
      2. is non-exclusive to you. The Artist or Label may supply the same or similar Digital Content to other users;
      3. may not be:
        1. copied by you except for a reasonable number of necessary back-ups;
        2. changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
        3. combined or merged with, or used in, any other computer program; or
        4. distributed or sold by you to any third party; and
      4. contains information which is owned by the relevant third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
  8. Terms applicable to Artists and Labels – fees and payment
    1. Artists and Labels may sell Digital Content and Merchandise (collectively referred to as Music Products) to Fans via the Service.
    2. Within our sole discretion we may redistribute to a Fan Digital Content that has previously been purchased by them, on a no-fee basis, should they receive a corrupted file or for any another reason that we deem reasonable to do so.
    3. In order to sell your Music Products via the Service, you will be required to open an account with a third-party payment processor such as PayPal or Stripe. You agree to be bound by the terms and conditions of such third-party payment processor in addition to these Terms.
    4. When a Fan purchases your Music Product via the Service, the price of the Music Product including any applicable Value Added Tax or other sales tax (Sales Tax) will be paid by the Fan to us (Payment). We will hold on trust on your behalf all Payments made to you via the Service in our client bank account. You agree that upon receipt of a Payment into our client bank account, we may deduct our service fee plus any applicable Sales Tax ( further details of applicable service fees found here) (Service Fee) and any payment processor fees before paying the remainder of the Payment to you.
    5. You can see the balance of all Payments made by Fans in consideration for Music Products purchased from you in your Account. You may request payment of any part of such sums from us to you (less all applicable fees and deductions) via the Service.
    6. You will set the price on the Service (in accordance with our minimum price and end digit requirements) for your Music Product, including any applicable Sales Tax, and may change this at any time. You will set the currency of the price payable. If necessary, we will apply a currency conversion rate to the Payment made which may result in additional fees and deductions being applied to the Payment prior to our payment of it to you.
    7. You shall be solely responsible and liable for any third party payment fees, bank fees, disputed payments, Sales Tax, bad debts or refunds, incurred in connection with your use of the Service. As a Label, you may use the Service to allocate expenses and a share of the profit from the sale (Royalty) payable to third parties in connection with the Music Product. Such allocation does not form a binding contract between the Label and such third parties but rather enables a Label to track expenditure and profit in connection with a Music Product. We take no responsibility and accept no liability for the accuracy of any allocation of expenses and royalties made within the Service.
    8. We retain the right, but do not have the obligation, to immediately remove your offering or sale of any Music Product, prevent or restrict your access to the Site and Service or take any other action, in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained in these Terms, or for any other reason in our sole discretion.
  9. Infringing content
    1. We will deal with all cases of claims of copyright infringement in connection with Digital Content in accordance with our Copyright Disputes Policy available here and these Terms.
    2. We will use reasonable efforts to:
      1. delete Accounts which are being used in an inappropriate manner or in breach of these Terms; and
      2. identify and remove any content that is inappropriate, defamatory, infringes intellectual property
      3. rights or is otherwise in breach of our Acceptable Use Policy (set out at clause 14),
      4. when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
    3. If you believe that any content which is distributed or published via the Service is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
  10. Your privacy and personal information
    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
  11. Our intellectual property rights
    1. The intellectual property rights in the Site and Service and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site and Service (Our Content) are owned by us and our licensors.
    2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
    3. Nothing in these Terms grant you any legal rights in the Site, Service or Our Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site, Service or Our Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site, Service or Our Content.
  12. Accuracy of information on the Site and availability of the Service
    1. We try to make sure that the Site and Service are accurate, up-to-date and free from bugs, but we cannot promise that they will be. Furthermore, we cannot promise that the Site and Service will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site and Service is at your own risk.
    2. While we try to make sure that the Site and Service are available for your use, we do not promise that the Site and Service will be available at all times or that your use of the Site and Service will be uninterrupted.
  13. Hyperlinks and third party sites
    1. The Site may contain hyperlinks or references to third party advertising and websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
  14. Acceptable Use Policy
    1. This clause 14 sets out our acceptable use policy (Acceptable Use Policy) which governs how you may access the Site and use the Service.
    2. As a condition of your access of the Site and use of the Service, you agree not to use the Site and Service:
      1. for any purpose that is unlawful under any applicable law or prohibited by this Acceptable Use Policy or these Terms;
      2. to commit any act of fraud;
      3. to distribute viruses or malware or other similar harmful software code;
      4. for purposes of promoting unsolicited advertising or sending spam;
      5. to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
      6. in any manner that disrupts the operation of our Site, Service or business or the website or business of any other entity;
      7. in any manner that harms minors;
      8. to promote any unlawful activity;
      9. to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
      10. to gain unauthorised access to or use of computers, data, systems, accounts or networks; or to attempt to circumvent password or user authentication methods.
  15. Content uploaded by you to the Service
    1. We are not obliged to monitor or moderate any text, images, video, audio, video, text, images or other multimedia content, information or material submitted to our Service (Upload).
    2. Any Upload you may make to the Service and any other communication to users via our Service must comply with our Upload standards set out in our Acceptable Use Policy and these Terms generally. We may remove or edit any Upload to our Service.
    3. By making an Upload, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Upload (in whole or in part) on the Site and as part of our Service, indefinitely.
    4. In particular, any Upload or communication by you must be:
      1. your own original work and lawfully submitted or with the necessary consent of any third party; factually accurate or your own genuinely held belief;
      2. not defamatory or likely to give rise to an allegation of defamation;
      3. not offensive, obscene, sexually explicit, discriminatory or deceptive; and
      4. unlikely to cause offence, embarrassment or annoyance to others.
    5. We shall apply our Acceptable Use Policy and these Terms generally in our absolute discretion. In the event of your breach, we may terminate or suspend your use of the Site and Service, remove or edit Uploads, disclose Uploads or any other communication to users of our Site and Service by you to law enforcement authorities or take any action we consider necessary to remedy the breach.
  16. Indemnity
    1. You shall indemnify us and our employees, contractors, directors, suppliers and representatives, from any and all liabilities, claims, and expenses, including reasonable legal costs, that arise from or relate to your use or misuse of, or access to, the Site, Service, Our Content or otherwise from your Uploads, violation of these Terms, or infringement by you, or any third party using the your Account, of any intellectual property or other right of any person or entity, and for breach of any of your representations and warranties in these Terms.
  17. Terms applicable to Fans – our responsibility to you
    1. If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
    2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
    3. Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
  18. Promotional offers, discounts and vouchers
    1. From time to time, we may provide you with a promotional offer for the Service, such as, receiving a discount on our Service Fee should you refer the Service to another user (Referral Scheme).
    2. Any referral link sent to another user as part of our Referral Scheme must only be used once, must not be used by you and must be used in accordance with further information provided on the Service about the scheme.
    3. Any discount to our Service Fee applied by us in connection with our Referral Scheme will be made to your Account as further advertised on the Service.
    4. Any user who is referred to the Service by you under our Referral Scheme may receive credit on their Account to spend on the Service, as further advertised on the Service.
    5. From time to time, Artists and Labels may be able to agree to reduce the price of their Music Product in order to achieve a specific sale, as further advertised on the Service.
    6. We reserve the right to modify, suspend or terminate any promotional offers and discount opportunities made available on the Service at any time and for any reason.
    7. You may be given the ability to use a credit voucher to spend on the Service. All vouchers must only be used once and in accordance with the further information advertised on the Service and / or voucher.
  19. Terms applicable to Artists and Labels – our liability to you
    1. The extent of our liability under or in connection with this contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 19.
    2. Subject to clause 19.5, our total liability to you shall not exceed an amount equal to the fees paid by you to us during the 12 months preceding the event (or the last in a series of events) giving rise to such liability.
    3. Subject to clause 19.5, we shall not be liable for consequential, indirect or special losses.
    4. Subject to clause 19.5, we shall not be liable for any of the following (whether direct or indirect):
      1. loss of profit;
      2. loss of revenue;
      3. loss or corruption of data;
      4. loss or corruption of software or systems;
      5. loss or damage to equipment;
      6. loss of use;
      7. loss of production;
      8. loss of contract;
      9. loss of commercial opportunity;
      10. loss of savings, discount or rebate (whether actual or anticipated); and
      11. harm to reputation or loss of goodwill.
    5. Notwithstanding any other provision of this contract, the liability of us shall not be limited in any way in respect of the following:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any other losses which cannot be excluded or limited by applicable law.
  20. Termination
    1. We may terminate your access to all or any part of the Service at any time, which may result in the destruction of all information associated with your Account, including, without limitation, any access to any Music you may have purchased through the Service.
    2. If you wish to terminate your Account, then you may do so by following the instructions on the Site.
    3. Any fees paid to us are non-refundable, except as provided by these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
    4. If this contract between you and us is ended for any reason, it will not affect our right to receive any money which you owe to us under this contract.
  21. Events beyond our control
    1. We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
  22. No third party rights
    1. No one other than us or you has any right to enforce any of these Terms.
  23. Variation
    1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 23.
    2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to access the Site and use our Service following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
  24. Complaints about our Service
    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of these Terms.
  25. Governing law and jurisdiction
    1. The laws of England apply to these Terms. Any disputes will be subject to the exclusive jurisdiction of the courts of England.
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