| Music Artist(s)/Band(s) Agreement |
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We thought we'd give you a quick overview of the key
terms of the agreement so that the legal lingo used doesn't confuse you.
We don't ask for any type of exclusive agreement so we can't stop you from giving your music to anyone else. In agreeing to the Artist Upload Agreement you're allowing us to distribute your music and related content (e.g. photos, reviews, etc.) throughout the Universe (!) in any media including CDs and to use it for promotional purposes. You are free to break off this relationship at any time and remove your music from our site after giving us written notice (it would be nice if that ever happened to tell us why). Similarly we can take your music off our site after giving you three days notice to the email address you supply us. Most importantly you own your music and you continue to own your music even after selling it on Darjeelingnews.net site. Now here's the fine print.... Welcome! If you wish to upload your material to the Darjeeling News site on the world wide web with the domain name "darjeelingnews.net" or such other sites and other names as Darjeeling News may determine from time to time (the "Darjeeling News Site"), we require that you agree to enter into a contract with us so that both parties are able to have a clearly defined legal relationship. As this is a legal document, please read through it carefully and thoroughly. Clicking the "submit" button indicates your acceptance (if you are acting on behalf of your band or group all references to "you" shall bear the same meaning) of the terms and conditions. So here it is! What Darjeelingnews.net will do for you We agree to promote and digitally distribute your materials, through MP3 (Motion Picture Experts Group Audio Layer 3) format, WMA (Windows Media Audio Format) and/or other popular digital formats now known or developed later. We will best endeavor to promote the distribution and sale, if applicable, of your materials throughout the universe via the Internet and any other media, now known or developed later. For the purposes of this Agreement, "Materials" shall mean all musical compositions (including music, sound effects and lyrics) on which each and every compact disc and/or other audio and/or audiovisual recording of any format, in whole or in part (whether now known or existing in the future), your title(s), name(s) (both legal and professional), trademarks, trade names, write-ups, likenesses, photographs, biographical materials and all other graphic and/or textual material any other works and which You provide to Darjeelingnews.net for uploading on our Darjeeling News Site and shall include materials which you make available (not clear what the case is if the song is made free) from or via the Darjeeling News Site or any other means, sales channels and media, now known or developed later. What rights do you have under this Agreement? You shall retain ownership and copyright of the Materials, subject to the rights granted to Darjeelingnews.net hereunder. You agree to give Darjeelingnews.net a non-exclusive license to distribute and disseminate your Materials and/or Commercial Materials in the manner contemplated herein. You agree that such grants that you hereby grant to Darjeelingnews.net shall be "free" or at no cost. If and when you decide to start selling your Commercial Materials (at a price to be set by you or as advised by Darjeelingnews.net), Darjeelingnews.net shall pay you seventy (70%) of the Net Revenues from the sale of the Commercial Material over the Darjeelingnews.net Site. This payment shall be inclusive of any and all royalties and other payments of any kind in connection with the Commercial Material. For purposes of this section, "Net Revenues" means the revenues we actually receive from such sales, less any government, state, or municipal taxes, customs duties, import or export taxes or levies, shipping, freight, or third-party charges of any kind, and all returns. Darjeelingnews.net will send you a statement and payment collected from the sale of your Commercial Materials on a quarterly basis or whenever the amount due to you exceeds Rs.1000.00, (whichever is earlier). Rights and licenses granted to Darjeelingnews.net 1. Prepare "samplers" of any or all of the Materials for
promotional purposes, and prepare one or more compilations containing
any or all of the Materials, which may be combined or linked with third
party materials, products or website(s); (i) Any electronic means, electronically publish and synchronize with
visual images any or all of the Materials; and 3. Use your Materials for the purpose of advertising and promotion
of Darjeelingnews.net products and services; and You warrant that you are of legal age or older, and if any member of your group is not, you hereby represent that you have the legal right to enter into this Agreement on behalf of the minor artist. If you are not of legal age, you warrant that you have procured the consent of your legal guardian to enter into this Agreement on your behalf. You warrant and represent that you have the right to grant to Darjeelingnews.net (or any person or company named by us) the rights, contained herein, without any liability to us or any other person or company from whom the rights are obtained. You warrant that you are the original composer of all music and lyrics provided in this Agreement or if you have acquired the consent/license from the original composer to and/or the copyrights owner of the original musical composition(s) from which such music and lyrics are derived, the rights to adapt, broadcast, communicate, copy, reproduce, distribute, perform, produce, or otherwise use such music and lyrics as provided in this Agreement, prior to your grant to Darjeelingnews.net to use the Materials as contemplated herein. You will be solely responsible to pay all applicable persons and companies (including, but not limited to music publishers) for all rights to use all recorded performances and/or other artistic materials (including but not limited to all music publishers) for all rights to use all recorded performances and/or other artistic materials. For the avoidance of doubt, you hereby agree to waive and/or indemnify Darjeelingnews.net from any claims, including retrospective claims, from any performing rights society or societies (as the case may be) or mechanical rights society or societies (as the case may be) that represent(s) you in the collection of royalties now or hereafter. You warrant that the use of the same by us (and by any person or company named by us) will not infringe upon the rights of any nature or any person or company. You agree to indemnify, reimburse, and hold us, our officers, members, agents and representatives harmless from and against any and all liability, loss, damage, cost and expense (including court costs and attorney's fees) arising out of or connected with any claim by any one or more third party which arises out of any breach of any of your warranties herein, representations and agreements. Removal of Materials Our Disclaimer Termination |
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