Terms Of Service & Conditions Of Use The following describes the Terms of Service Conditions of Use for our http://frc-all-music.com website.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES. OUR WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
You agree to obey all applicable laws and regulations regarding your use of our http://frc-all-music.com website and the content and materials provided in it. Our website is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.
1. Copyright, Licenses and Idea/User Submissions. The following describes the Copyright Notice for our website. The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our website, and/or other third party licensors or related entities. You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our FRC All Music website or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content. You are granted a nonexclusive, nontransferable, revocable license to use our website only for private, personal, noncommercial reasons.
You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls. As a user, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
Our http://frc-all-music.com website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of our website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website. You agree to grant to our website a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our website (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our website by all means and in any media now known or hereafter developed. You also grant to our website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against our website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our website. Trademarks Publications, products, content or services referenced herein or on our website are the exclusive trademarks or servicemarks of our FRC All Music website or related parties.
Other product and company names mentioned in our website may be the trademarks of their respective owners. Links to Our Website You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our website immediately upon request by our website.
2. Use of our website. You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena. Data contained on or made available through our http://frc-all-music.com website is not intended to be, and does not constitute, legal advice. Our website, and your use of it, does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website. Data contained on or made available through our website is not intended to be, and does not constitute, medical or health advice. Our website, and your use of it, does not create a physician-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website. Data contained on or made available through our website is not intended to be, and does not constitute, financial/investing advice. Our website, and your use of it, does not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Your use of our FRC All Music website or materials linked to our website is completely at your own risk. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues. We may make changes to the features, functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our website. Your Duty To Other Users Your use of our website is for your own personal, non-commercial benefit. In no way are you to leverage our website in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others.
This includes, but is not limited to, spam (unsolicited commercial email). If you inadvertently obtain personal information about other users, you shall not share this with anyone else. Restricted access Access to certain areas of our http://frc-all-music.com website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our FRC All Music website or any other contractual obligation you owe to us. Third-Party Products/Services You understand that, except for information, products or services clearly identified as being supplied by our website, our website does not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our website as such, all information, products and services offered through our website or on the Internet generally are offered by third parties that are not affiliated with our website, and we may be compensated. Viruses, etc. You also understand that our FRC All Music website cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.
Assumption of Risk:
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability The content may contain inaccuracies or typographical errors. Our http://frc-all-music.com website makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our website or the content on it. Use of our website and the content is at your own risk. Changes are periodically made to our website, and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages:
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites. Our website contains links to third party Websites. Our FRC All Music website makes no representations whatsoever about any other website which you may access through this one or which may link to this website. When you access a website from our website, please understand that it is independent from our website, and that our website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our website of the contents on such third-party Websites. Our website is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of material on such third party Websites. If you decide to access linked third-party Websites, you do so at your own risk.
We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability. User Submissions As a user of our http://frc-all-music.com website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our website or endorse any opinions expressed by users of our website. You acknowledge that any reliance on material posted by other users of our website will be at your own risk. Our FRC All Music website does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our website. If observed by our website and/or notified by a user of communications which allegedly do not conform to this agreement, our website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our website has no liability or responsibility to users of our website for performance or nonperformance of such activities.
Our website reserves the right to expel users of our website and prevent their further access to our website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive. Social Media Warning (Divulgence of Personal & Private Information) Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information that was shared either by them or others.
This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information. 3. Indemnification. You agree to indemnify, defend and hold harmless our FRC All Music website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf. 5.Term; Termination. We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data. This Agreement, in whole or in part, may be terminated by FRC All Music without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service),
4 (Third Party Rights),
6 (Hiring an Attorney / No Attorney-Client Relationship), and
7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
6.Hiring an Investment Advisor, Attorney, or Medical or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity. Choosing a lawyer, doctor, or investment advisor is a serious matter and should NOT be based solely on data contained on our website or in advertisements. The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. This is why you should seriously consider hiring licensed, professional counsel in your jurisdiction. Medical issues are complex, and can often stem from both organic and psychological factors. Never should a website be used as a source of diagnosing or treating medical problems. Financial matters are highly individualistic. Risk tolerance is just one factor to consider before making any investments or financial decisions. For these, and other, reasons, you should look to the guidance of a trained professional, not a website.
You may send us email, but in no instance will this communication in any way be construed as initiating an attorney-client relationship, or other professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.
Artist Digital Distribution Agreement
THE FOLLOWING TERMS AND CONDITIONS, WHEN ACCEPTED BY YOU (WHETHER AS AN INDIVIDUAL, OR IF APPLICABLE, ACTING AS THE AUTHORIZED LEGAL REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY OR CORPORATION) AND FRC ALL MUSIC, (COLLECTIVELY WITH OUR LICENSEES AND ASSIGNEES REFERRED TO IN THIS AGREEMENT AS "US" AND "WE") SHALL CONSTITUTE THE ARTIST DIGITAL DISTRIBUTION AGREEMENT (THE "AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. BY ENTERING YOUR NAME AND CLICKING ON THE "I AGREE" BUTTON BELOW, YOU (OR THE PARTY YOU ARE AUTHORIZED TO REPRESENT) WILL BECOME A PARTY TO, AND WILL BE BOUND BY THIS AGREEMENT. THE "EFFECTIVE DATE" OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE "I AGREE" BUTTON BELOW. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON "CANCEL" AND YOU WILL BE RETUFRCED TO THE HOME PAGE OF THIS WEB SITE.
1. Certain Definitions. The following capitalized terms shall have the following meanings for purposes of this Agreement:
1. "Authorized Artwork" means album cover artwork and any other artwork relating to Recordings that you provide to us. All such artwork shall be deemed to have been cleared by you for all purposes unless you shall have provided us with written notice to the contrary.
2. "Copyright Management Information" means the digital information conveying information regarding a recording, such as your name, the names of all writers, the name of the publisher, the title of the applicable album, the name of the song and the record company name, and same shall be subject to the protection of Title 17, Section 1202 of the United States Copyright Law.
3. "Licensee" means the digital part the consumer stores that are part of the Artist or the FRC Package, which we may authorize to carry out the marketing, distribution and sale or other use of Recordings and Authorized Artwork pursuant to the terms of this Agreement. If you sign up an Artist, Premium Artist, Authorised Fanclub, Songwriter/Composer, Summarised as Artist Accounts. Then the Licensees are those entities that are covered under those Accounts (see definition below) and when this Agreement refers to the "applicable Licensees", it refers to the Artist Accounts Licensees.
4. "Recordings" means sound recordings and audio/visual recordings and underlying musical compositions that you have designated for digital distribution by us and the applicable Licensees, through the use of our Artist Submission Form. Records shall also include any video clips that accompany any sound recordings and audio/visual recordings. Any such sound recordings and audio/visual recordings and the underlying musical compositions must be owned or controlled by you and/or have been cleared by you for all purposes and rights granted and authorized hereunder by you.
5. "Artists Accounts" means with respect to the Licensees that are the subject of this Agreement, your Recordings will be available for sale and distribution by the Artists Accounts Licensees. 2. Authorization. You hereby appoint us as an authorized representative for the distribution, streaming rights for your Recordings as provided herein. The rights that are granted by you to us are nonexclusive and are worldwide. Accordingly, you hereby grant to us the non-exclusive right, during the Term to: 1. Reproduce and convert Recordings into a site compatible digital file, typically mp 3 2. Perform and make available for promotional purposes, portions of Recordings ("Clips") by "streaming" to promote the license, sale and distribution of your recordings; 3. Use and copy recordings to be distributed as so-called "conditional" downloads, whether tethered to a device, time limited, play limited or otherwise; 4. Identify and register your recordings through the use of digital fingerprinting technology (e.g., the "Audible Magic technology), in order to help protect your Digital Masters from piracy and unauthorized duplication; 5. Use and distribute Copyright Management Information as embodied in your recordings;
6. Display and electronically fulfil and deliver Authorized Artwork used in connection with the Recordings for personal use solely in conjunction with the applicable Recording as provided herein;
7. Use Recordings, and Authorized Artwork and metadata as may be reasonably necessary or desirable for us to exercise our rights under and in furtherance of this Agreement;
8. Display any and all lyrics associated with a musical composition;
9. Publicly perform the Recordings via streaming (i.e., playing the song on Internet FRC radio stations and via web sites; 3. Term and Termination. The term of the Services provided (the "Term") shall commence on the Effective Date and shall continue until either: (i) terminated by you provided that you have paid all necessary fees; or (ii) terminated by us in the event that you have not made any payment when due. If you paid a annual membership Fee, then we may terminate the Services if you fail to pay a Renewal Fee when due. If a payment is not received by us within (14) days of the date such payment is due, we may - and probably will - terminate the Services. Furthermore, this Agreement is subject to the FRC All Music web site (the "Site") Terms and Conditions of Use. In the event of any conflict between the terms of this Agreement and the Site Terms and Conditions of Use, the Site Terms and Conditions of Use will control. We may terminate this Agreement at any time in the event that you breach any of the Site Terms and Conditions of Use. You may terminate your use of the Services at any time. In the event you terminate the Services no fee or portion thereof will be refunded unless otherwise stated by the current Refund Policy.
In the event that the Services are terminated for any reason, we will have thirty (30) days to remove all Recordings and Associated Artwork.
4. Subscription Fees. In consideration for the right to promote your recordings provided by us hereunder (the "Services") and the payments you may receive as set forth in Section 5 below, you pay us Subscription Fee for a Premium Artist, Label/Producer Account as outlined below. You may pay additional fees, or commissions in order to provide for the sponsorship of items like but not limited to recordings, releases, artwork, pictures or albums. The fee set forth above may be adjusted by us from time to time; provided that we give you not less than thirty (30) days notice of any fee increase. By entering into this Agreement, You are expressly agreeing that we may charge all fees you owe us, including ongoing annual Renewal Fee to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided in the registration process. In addition, you agree that we are authorized to deduct any Fees you have agreed to pay and any applicable taxes and other charges you may incur in connection with your use of the Services from your Deposit Account with us, which is further described in Section 5 below. You are solely responsible for all charges, fees, duties and taxes, incurred by you in connection with the Services. If you notify us in writing that you are cancelling the Services with respect to your releases or albums (see Section 7 for proper notification procedures), you may be charged a Fee as set forth in Section 3. Once a release or album has been taken down, no further fees for Services will be charged for that release or album unless you decide to reinstate the Service. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method we may discontinue providing Services hereunder and/or terminate this Agreement. If you’re designated payment method is determined by us to be inactive for any reason, we may cease providing Services and terminate this Agreement.
English Translation: You are responsible for all fees due and for making sure your credit card on file works. We will send you a notice if it doesn't, but after 30 days of non-payment, we can - and probably will - terminate the Services resulting in the Abandonment and/or take down of any associated releases. 5. Payments to You. Subject to the terms of Section 3, we shall pay you an amount equal to one ninty-five percent (95%) of our actual receipts from the applicable Licensees in connection with the sale of your Recordings. All amounts owed to you will be posted to your account (your "Deposit Account") within thirty (30) days of our receipt of the applicable payment from the Licensee. For the purposes of this Agreement, your Deposit Account is the non interest-bearing account that we keep for you on your behalf and which is subject to the terms of this Agreement. All payments to you will be made into your Deposit Account and can be distributed to your personal account (i.e., your PayPal Account or other account designated by you) once the minimum amount in your Deposit Account meets a $10 minimum plus any applicable transaction fee.
For example, if you have designated your PayPal account as your personal account and there is a $1.00 transaction fee associated with your PayPal account, funds would not be transferred from your Deposit Account to your PayPal account until such time as you have a balance of $11 in your Deposit Account. At that time a transfer would take place and $10 would be deposited from your Deposit Account into your PayPal account and $1.00 from your Deposit Account would be used to pay the applicable transaction fee. You are always responsible for paying all applicable transaction fees. At this time, PayPal transaction fees are 2% per payment with a maximum of $1. Such payment obligation shall constitute full consideration for all rights granted and all obligations undertaken by you hereunder. It is your responsibility to ensure that your Deposit Account information is correct and to update your Deposit Account information as necessary.
We will not be responsible for any payments made to the wrong Deposit Account. Upon request of distribution of money from your Deposit Account to your personal account, you will be asked to confirm your personal account information. It is your responsibility to ensure that the personal account information is correct and to update your personal account information as necessary. We will not be responsible for any payments made to the wrong personal account. With respect to any payments to your Deposit Account, any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than one year after the date the statement is rendered, and you hereby waive any longer statute of limitations that may be permitted by law. To the extent that you owe any amounts to us as a consequence of this Agreement, we will have the right to deduct all or a portion of such amounts from your Deposit Account, to the extent that there is a balance in the account. Any such deduction will not relieve you of any obligation to pay the remainder of any amounts due. As we receive sales information with respect to your Recordings, we will publish this information to you and make this information available to you through you via email or your account settings room.
English Translation: You keep 95% of the money received from the sale of your music. We take only 5% to cover our costs, remember you paid no onetime fee to offer your recordings for sale or any subscription fees for an Artist Account! 6. Your Obligations. You shall obtain and pay for any and all clearances and licenses as may be required for uses of Recordings and Authorized Artwork. Specifically, and without limiting the generality of the foregoing, you shall be responsible for and shall pay (i) any royalties and other sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses of Digital Masters, (ii) all mechanical royalties or other sums payable to publishers and/or authors or co-authors of musical compositions embodied in Digital Masters from sales or other uses of Digital Masters, (iii) all payments that may be required under any collective bargaining agreements applicable to you or any third party, and (iv) any other royalties, fees and/or sums payable with respect to Recordings, and Authorized Artwork, and other materials provided by you to us. You agree that any amount payable to you hereunder is inclusive of any so-called "artist royalties" that might otherwise be required to be paid for sales or exploitations pursuant to the applicable laws of any jurisdiction.
Outside of the United States, we customarily require the digital music service providers (DMSP's) to secure and pay for music publishing licenses (and such license fees may or may not be deducted by the DMSP conceFRCed from the proceeds payable to us). If a DMSP does not make all necessary payments to secure the appropriate music publishing licenses, we may make certain payments for the music publishing licenses required in connection with such DMSP's sales of Recordings, and in connection therewith shall have the right to deduct any payments we may make with respect to such licenses from any amounts payable to you hereunder. Your obligations under this Section 6 will survive termination of this Agreement for any reason. English Translation: You are obligated to pay any other potential right's holder that may have a claim on the songs you are selling.
We DO NOT do that for you. You are agreeing to take on that responsibility entirely. 7. Rights to Withdraw Material. You shall have the right at any time during the Term hereof upon written notice to us to withdraw further authorization for the sale or other uses of Recordings and Authorized Artwork. Within thirty (30) days following our receipt of your notice to us hereunder of your requested withdrawal of Recordings or Authorized Artwork or any part thereof and payment of all applicable Fees, we shall advise the applicable Licensees that they are no longer authorized to offer the sale or other use of the Recordings, Digital Masters or Authorized Artwork. Please note that for your notice of withdrawal to be effective, it must be sent from the Control Room of your FRC All Music web site. You acknowledge and agree that any removal, withdrawal or take down of your Recordings by the Licensees will be subject to payment by you of the applicable Fees.
The foregoing shall not limit in any way the rights of end users who have acquired rights to use, Recordings or Authorized Artwork. We reserve the right to reject any materials (recordings, videos or artwork), Recordings or Authorized Artwork that you submit, in our sole discretion. You agree to submit all Recordings and Authorized Artwork, at your sole expense, in the format(s) required by the applicable Licensees. Technical descriptions of such format(s) will be provided to you upon request. 8. Names and Likenesses; Promotional Use and Opportunities. We may use and authorize the applicable Licensees to use the names and approved likenesses of, and biographical material conceFRCing, any artists, bands, producers and/or songwriters, as well as track and/or album name, and Authorized Artwork, in any marketing materials for the sale, promotion and advertising of the applicable Recording that is offered for sale or other use under the terms of this Agreement (e.g., an artist or band name and likeness may be used in an informational fashion, such as by textual displays, to identify and represent authorship, production credits, and performances of the applicable artist or band in connection with the exploitation of applicable Recordings). We and any of our Licensees shall have the right to market, promote and advertise the Recording in connection with promotional programs, without incurring any payment obligations to you in connection with such promotions.
By way of illustration and example, eMusic has a promotional program whereby a user receives 25 free downloads if they sign up for a 7-day trial membership with eMusic. These songs may be kept by the user even if the user decides not to join eMusic at the end of the 7-day trial period. YOU WOULD NOT RECEIVE ROYALTIES FOR THESE SONGS BECAUSE THE LICENSEE (EMUSIC) DOES NOT RECEIVE ANY PAYMENT FOR THESE SONGS. English Translation: When you send your music to iTunes, etc. you are giving them the right (but not the obligation) to promote it on their site with your album cover art, metadata, etc. You are also giving FRC All Music the right to promote links or images to your music at the retailers. There is no guarantee; however, that anyone will promote your music, nor that any promotion will generate sales for you. 9. Ownership. Subject to our rights hereunder or under any prior agreement between you and us, insofar as we are conceFRCed, all right, title and interest in and to (i) Recordings and Authorized Artwork, (ii) the Clips, (iii) all copyrights and equivalent rights embodied therein, and (v) all materials fuFRCished by you, shall be and remain your property.
English Translation: You own the rights to your music and are in NO WAY giving us the rights to do more than promote it for you.
10. Modification, Survival. We reserve the right to change, modify, add to or remove all or part of this Agreement. Notice of any such changes shall be sent to you by email at least thirty (30) business days prior to their effective date. In the event that you do not consent to any such proposed changes your sole recourse shall be to terminate the Term of this Agreement by written notice to us as provided herein, and your failure to do so within thirty (30) business days of the date of any such email from us to you shall constitute your acceptance of such changes. The expiration of the Term of this Agreement shall not relieve either party from their respective obligations incurred prior to or during the Term, and Sections 1, 11, 12 and 13 of this Agreement will continue to apply even after the expiration or termination of this Agreement. English Translation: We have no intention of changing the deal we have with you, but circumstances can change (for example, online distributors can change their payouts, etc) that require us to have the flexibility to change our offering if we need to do so. You will always be notified of this with time to react, and all digital retail 'on-ramps' like us require this flexibility.
11. Indemnification and Infringement. If we receive a claim that the use of Recordings, or Authorized Artwork or any other materials provided or authorized by you is in violation of any third party rights, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our Licensees and affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attoFRCeys' fees and costs) conceFRCing any such claim. Accordingly, you agree to reimburse us and our affiliates on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 11, provided that we obtain your written consent prior to making any such payments. You agree that your consent will not be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and by obtaining and posting and maintaining an appropriate bond for our benefit you may assume control of the defense of such claim, provided that we shall have the right in all events to participate in the defense thereof. If a claim is made we will have the right to withhold payment of any monies due you hereunder in an amount reasonably related to the claim and potential expenses. If we or a Licensee receives a written notice of a dispute regarding ownership or control of a Recording, which in each case is not a Legal Claim (as defined below) (each, a "Rights Dispute") from any party and you disaffirm any rights you may have to the Recording ("Non-disputed Content"), and we or our Licensee(s) decide, in our or their sole discretion, to issue a take down request for the Non-disputed Content, you shall be liable for paying the applicable Take Down Fee for such Non-disputed Content. If we or a Licensee receives written notice of a summons, lawsuit, or other legal action filed in a court of competent jurisdiction alleging infringement of any rights of any third party (including, without limitation, any claim for trademark or copyright infringement, defamation, unfair competition or infringement of privacy or publicity) in connection with any Recording (each, a "Legal Claim") and we or our Licensee(s) decide, in our or their sole discretion, to issue a take down request for the Recording that is the subject of the Legal Claim, you shall be liable for paying all Take Down Fees for such Recording regardless of whether you dispute the Legal Claim. English Translation: If the material you submit violates copyright claims by others, you will pay for 100% of the legal fees to sort it out. You and ONLY YOU are responsible for copyright issues.
12. Additional Representations and Warranties of the Parties.
12.1. You represent and warrant that you are at least 18 years of age and have the full authority to act on behalf of any and all owners of any right, title or interest in and to Recordings or Authorized Artwork
12.2. You represent and warrant that you own or control the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by us and our Licensees shall not violate or infringe the rights of any third party.
12.3. You represent and warrant that: (i) you have the right and authority to enter into this Agreement and to grant to us all rights specified herein; (ii) all of Recordings, including any sampled third party material embodied therein, Authorized Artwork, metadata, videos and any other materials furnished by you to us or relating to Recordings are owned or controlled by you and any distribution of the same shall not infringe on the copyrights or other rights of any person or entity; and (iii) we and our Licensees shall have the right to exploit the Recordings, Digital Masters and Authorized Artwork in all manners set forth hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity, other than the royalties due to you described in Section 5 above.
12.4. Each party represents and warrants that it shall not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this Agreement.
12.5. Each party represents and warrants that it shall perform their obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.
12.6. The parties acknowledge and agree that in the course of negotiating and transacting business under this Agreement each party may become aware of certain otherwise confidential information related to the other's business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, the parties agree to keep such information confidential.
12.7. Disclaimer: We make no guarantees whatsoever with respect to minimum sales of your Recordings, payments to you under this Agreement, the marketing, promotion or advertisement of your Recordings by our Licensees, or whether a Licensee will actually offer your Recordings for sale. Each Licensee has total discretion as to whether it will offer your Recordings for sale.
English Translation: By submitting material for distribution to retailers via our service, you are stating that you have all rights necessary to do so.
13. General Provisions.
13.1. The parties agree and acknowledge that the relationship between the parties is that of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, or employee.
13.2. This Agreement contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties relating to the subject matter hereof. This Agreement cannot be changed or modified except as provided herein. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.
13.3. This Agreement shall be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
13.4. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the address provided by you upon registration with us, or as properly updated.
13.5. This Agreement shall be governeded by and construed in accordance with the laws of the State Delaware, United States of America., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in the state of Delaware, in accordance with the then-current rules and procedures of an recognised Arbitration Association by one (1) arbitrator appointed by a recoginsed Arbitration Association.
The arbitrator shall apply the law of the Delaware, USA without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the Delaware state courts, or the Supreme Court of Delaware, USA. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
13.6. This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
• The email services provided by FRC All Music (the "Services") may not be used for the sending of unsolicited email (sometimes called "spam").
• The Services may only be used for lawful purposes.
• Your use of the Services will automatically terminate when your account with FRC is deactivated (i.e., you are no longer a registered user), whether deactivation is by you or by us. We may deactivate your account at any time and for any reason.
• You agree to use only permission-based email addresses in connection with your use of the Services. You will not send an email to any address without the prior consent of the addressee.
• Every email message sent in connection with the Services must contain the FRC All Music "unsubscribe" link that allows fans to remove themselves from your mailing list. • FRC will process unsubscribe requests within 10 days of the request, and remove those emails from your available list.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
1.3 You must complete the registration form in order to use the Services. You agree that all information provided by you in connection with the registration and sign-up process will be true, accurate, current, and complete. As part of the registration process, you will identify a useFRC ame and password for your FRC All Music account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. FRC reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.4 You acknowledge that from time to time email delivery of email messages may be blocked or prevented at the destination mail servers. You acknowledge and agree that you are responsible for monitoring, correcting and updating the email addresses to which messages are sent through your FRC All Music account. You acknowledge and authorize FRC All Music to inspect your emails, from time to time, systematically or at random, to ensure compliance with FRC's inteFRCal anti-spam rules, and understand that these inspections may cause a delay in delivery of the emails.
2. Restrictions and Responsibilities
2.2 You acknowledge and agree that the FRC All Music name and logo and all related product and service names, design marks and slogans, are the property of FRC or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of FRC. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks, except as explicitly granted herein. All ownership rights remain in FRC or its third party suppliers, as the case may be.
2.4 Every email message sent in connection with the Services must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable such link. You agree to only import permission-based email addresses into your fan list. You cannot mail to distribution lists newsgroups, or spam email addresses. You cannot copy any Software template and use the design for purposes other than sending emails using the Services. FRC, at its own discretion, may immediately disable your access to the Services without refund if FRC believes in its sole discretion that you have violated any of the restrictions listed above.
2.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in any jurisdiction or your local area is prohibited. This may include laws prohibiting the transmission or storage of material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws.
2.6 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by FRC All Music" or a similar message. You agree to cooperate with and provide reasonable assistance to FRC in promoting and advertising the Services.
2.7 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to FRC. FRC may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or communicate separately with you. FRC will not provide your personal information to companies without your permission. 2.8 FRC will not use your fan list or any other fan information for any purposes other than those intended with the Services. Your fan information will not be shared with any other parties. In addition, FRC will not use your fan information for the purpose of sending unsolicited commercial e-mail.
3.1 You may terminate your use of the Services at any time by through the Manage Premium Services interface in your account, which can be accessed through this link. In the event you terminate the Services no monthly fee or portion thereof will be refunded unless otherwise stated by the current Refund Policy.
3.2 FRC may terminate your use of the Services at any time with or without cause, and with or without notice. FRC shall have no liability to you or any third party because of such termination.
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. FRC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. FRC DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND FRC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR FRC TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES. 5. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FRC OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF FRC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, FRC IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF FRC TO YOU WILL BE LIMITED TO THE AMOUNT THAT YOU HAVE PAID, IF ANY, TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6. Prohibited Content and Commerce Section FRC prohibits the use of the Services by any person or entity that engages in any of the following:
• Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
• Displays material that exploits children, or otherwise exploits children under 18 years of age.
• Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, or spam, such as online pharmacies, work at home businesses, credit or finance management, mortgage and debt relief offers.
• Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
• Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor).
• Sells or promotes any products or services that are unlawful in the location at which the content is posted or received. • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
• Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses.
• Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
• Posts any content that advocates, promotes or otherwise encourages violence against any govevernement, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
• Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner. FRC reserves the right to prohibit the use of the Services by any person or entity if FRC, believes in its sole discretion, that such use may violate any federal, state or local, law, rule or regulation.
7. Indemnification. By using the Services you agree to indemnify FRC, and its officers, employees, and licensors, and to hold them harmless from any and all claims and expenses, including atto FRCeys' fees, arising from your use of the Services, regardless of whether such use is authorized by you. By using the Services, you are hereby agreeing to release FRC and its licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against FRC arising out of or in any way related to your use of the Services.
FRC All Music, provides artists with a way to display customized widgets of song players, show schedules, press quotes and more through FRC Widgets. FRC All Music, its parents, owner, successors, assigns, and affiliate corporations are hereinafter sometimes individually and collectively referred to as "FRC", "we" or "us." The following are the terms and conditions that gave FRC your use of the FRC Widget services.
FRC All Music supports 217 countries’ for product shipment and Memberships around the world except the following countries can not be served FRC All Music: Burma (Myanmar) Cuba Iran and Sudan Western Balkans Belarus Cote d'Ivoire Democratic Republic of the Congo Iraq Liberia (Former Regime of Charles Taylor) North Korea Sierra Leone Syria Zimbabwe 3.
Term and Termination
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. FRC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. FRC DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE DATA PROVIDED IN CONNECTION THEREWITH. THE SERVICES ARE PROVIDED "AS IS" AND FRC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE, AT THE DISCRTION OF FRC, EITHER (i) FRC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPERFORM THE SERVICES; OR (ii) FRC WILL PROVIDE A REFUND OF THE MONTHLY FEE PAID FOR THE SERVICES AT ISSUE. 5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FRC OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF FRC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, FRC IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF FRC TO YOU WILL BE LIMITED TO THE MONTHLY AMOUNT THAT YOU HAVE PAID, IF ANY, TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6. Fees. In order to receive the Services, we charge a commission fee that is when you sell a recording through our Music shop widget. We may increase the commission fee at any time. In the event that you do not agree with the new commission fee, you sole recourse is to not continue to offer your recording for sale, in which event, your right to receive the Services will terminate.
7. Release. By using the Services, you are hereby agreeing to release FRC and its licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against FRC arising out of or in any way related to your use of the Services.
Disputes Any cause of action by you with respect to our http://frc-all-music.com website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in WEST AUSTRALIA. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Modification Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement. Assignability Our website may assign its rights and duties under this Agreement to any party at any time without notice to you. Contra Preferentum The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum&rdquo shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties. Severability Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect. This Agreement Prevails To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence. Waiver Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision. Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement. Any rights not expressly granted herein are reserved to FRC All Music.
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Website.
Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on this site are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing this Website's email addresses is recognized as a violation of this agreement and expressly prohibited.
Radio Streaming Service
All radio streaming services are owned and operated under a SoniXcast (Creative Commons) license is non-transferable and all radio channels are wholly owned and operated by SoniXCast. Live Talk broadcasts (DJ announcements and so forth) are inherently covered under the Creative Commons license. Live Music broadcasts however are covered under a SoniXCast umbrella license with SOCAN.
SoniXCast is a full service company with long standing relationships and licensing agreements with all major performance rights organizations such as ASCAP, BMI and SOCAN.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by FRC All Music, in order to protect you and our http://frc-all-music.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect. COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at FRC All Music have paid to license the use of these legal notices and administrative pages on http://frc-all-music.com for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information.