Indie4Ever.com Terms of Service
modified October 15, 2010
This legally binding document covers the entire agreement between Indie4Ever.com (hereinafter referred to as “We” or “Us”, “Our”) and users of this website, including but not limited to musicians and internet viewers (collectively hereinafter referred to as “You” and “Your”):
I. GENERAL PRIVACY POLICY:
We take your privacy very seriously. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. This policy does not apply to the practices of companies that We do not own or control, or to people that We do not employ or manage. We collect personal information when you register with us, when you use our products or services, when you visit our pages or the pages of certain partners, and when you enter promotions or sweepstakes. We may combine information about you that we have with information we obtain from business partners or other companies. When you register we may ask for information such as your name, email address, zip code, occupation, industry. For some products and services we may also ask for your address, Social Security number, and information about your assets. Once you register with us and sign in to our services, you are not anonymous to us. We collect information about your transactions with us and with some of our business partners, including information about your use of products and services that we offer. We automatically receive and record information on our server logs from your browser, including your IP address, and the page you request. We use information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Children
Children are not permitted to register with us. Any information submitted by a known child will be immediately and permanently destroyed. We will not contact known children under age 13 about special offers or for marketing purposes without a parent’s permission. We do not ask a known child under age 13 for more personal information, as a condition of participation, than is reasonably necessary to participate in a given activity or promotion.
Information Sharing and Disclosure
We do not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances: We provide the information to trusted partners who work on behalf of or with us under confidentiality agreements. These companies may use your personal information to help us communicate with you about offers from us and our marketing partners. However, these companies do not have any independent right to share this information. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law. We may transfer information about you if we are acquired by or merged with another company. We display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria – for example, women ages 18-24 from a particular geographic area. We do not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad. Our advertisers may include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).
Cookies
We do not currently set nor access cookies on your computer. We let other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not this one.
Your Ability to Edit and Delete Your Account Information and Preferences
Users who visit this website can opt out of receiving future marketing communications or they can unsubscribe by following instructions contained in the messages they receive. We reserve the right to send you certain communications relating to our service, such as service announcements, administrative messages and a newsletter, that are considered part of your account with us, without offering you the opportunity to opt-out of receiving them.
II. ARTIST PROMOTION AND DISTRIBUTION AGREEMENT
This website was built by musicians for musicians and fans for the sole purpose of promoting the works of independent musicians to the worldwide masses. This agreement is NON-EXCLUSIVE. You are free to pursue other opportunities to promote yourself, but we will continue to promote you and as much of your music as you are capable of producing and willing to submit to us for an INDEFINITE term (forever!) commencing on the date your account is approved by us. We are committed to YOUR success and to protect your rights as an artist.
Your artist account will not be approved until materials are received (images, recordings) .
You will deliver to us technically satisfactory recordings (the “Master Recording(s)”). We are not obligated in sharing in the cost of production of your Master Recordings. We shall make your music, in whole or in part, available to the public via this website and possibly release a commercial product embodying the material contained on the Master Recordings (the “Records”). We do not have rights to any of your music except those Master Recordings you submit to us. You shall be responsible for payment of all expenses incurred in the production of your Master Recording(s) and shall obtain the appropriate permission(s), clearance(s) or release(s) from any person or union who renders services in the production of the Master Recording(s).
Do not send your original copy of any recording as we do not return any submitted materials. You may NOT submit materials for any other person than yourself or any other legal entity than that of which you are part.
We shall have the right to reproduce or distribute in any medium, your names, portraits, pictures and likeness for purposes of advertising, promotion or trade in connection with you or the exploitation of the Master Recording(s).
We shall make every effort to make available to you up-to-date records of all sales for the purpose of tracking the extent and effectiveness of our promotions and for calculating monies owed to you.
If a composition from the Master Recording is used on a compilation or recording in which other producers or production companies are included, the Production Company’s royalty shall be pro rated. For example, if a composition from the Master Recording is included on a compilation containing nine selections from other artists, Production Company shall be entitled to one-tenth (1/10th) of the royalty rate.
No royalties will be due on Records furnished on a promotional basis. Nor shall any royalty be due for Records sold by Record Label as cutouts or for scrap or otherwise upon deletion from Record Label’s catalogue.
You warrant to us that you have the power and authority to enter into this Agreement, you are the copyright holder of the Master Recordings, or have or will obtain all necessary and appropriate rights and licenses to grant the license in this Agreement with respect to the Master Recordings. You represent and warrant that the Master Recordings are original to you except for material in the public domain and such excerpts from other works as may be included with the written permission of the copyright owners and that proper clearances or permission have been obtained from the artists of any copyrighted material, including but not limited to any digitally reprocessed samples of material incorporated in the Master Recordings.
You further warrant that the Master Recordings do not contain any libelous material, infringe any trade name, trademark, trade secret or copyright, invade or violate any right of privacy, personal or proprietary right, or other common law or statutory right.
You hereby indemnify us and undertake to defend us against and hold us harmless (including without limitation attorney fees and costs) from any claims and damage arising out of a breach of your warranties as provided above. You agree to reimburse us for any payment made by us with respect to this Section, provided that the claim has been settled or has resulted in a final judgment against us or our licensees. You shall notify us in writing of any infringements or imitations by others of the Master Recording which may come to your attention.
You have the right to cancel your account with us at any time, however your inactivity or unresponsiveness to our communication with you do not automatically cancel this section, and unless this agreement is terminated because of our failure to pay or accurately report your earnings we may sell off any remaining inventory for a period of 12 months after termination (the “Sell-Off Period”). At the end of the Sell-Off period, we shall furnish a final report of sales and final payment of your share of earnings. At the close of the sell-off period, Distributor shall deliver to Owner all remaining inventory and, if applicable, any original master tapes, artwork or related materials.
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed upon mediator in the Commonwealth of Virginia. Any costs and fees other than attorney fees shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution, the parties agree to submit the dispute to binding arbitration in the same city or region, conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Any decision or award as a result of any such arbitration proceeding shall include the assessment of costs, expenses and reasonable attorney’s fees and shall include a written determination of the arbitrators. Absent an agreement to the contrary, any such arbitration shall be conducted by an arbitrator experienced in music industry law. An award of arbitration shall be final and binding on the Artists and may be confirmed in a court of competent jurisdiction. The prevailing party shall have the right to collect from the other party its reasonable costs and attorney fees incurred in enforcing this agreement.
Absolutely nothing contained in this Agreement shall be meant to establish either Us or You as a partner, joint venturer or employee of the other party for any purpose. No waiver by either party of any right shall be construed as a waiver of any other right. If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Virginia. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. Notices required under this agreement can be sent to the parties at the addresses provided below. In the event of any dispute arising from or related to this Agreement, the prevailing party shall be entitled to attorney’s fees.
We reserve the right to approve or deny any new account, application or submission at any time for any reason.
Questions and Suggestions
If you feel that your inquiry has not been satisfactorily addressed, you should contact us to resolve your concern.
This agreement is open to public scrutiny and we welcome your suggestions for improvement. If you have questions or suggestions, please contact us.
We reserve the right to modify these terms at any time without notification. Usage of this website and/or submittal of materials in any way constitutes full acceptance of and consent to the terms and policies described herein.
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