| Artist Agreement |
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FanDoodle.com ARTIST AGREEMENT
Although we have attempted to outline below in straightforward English the terms on which submissions to FanDoodle.com ("FanDoodle!" or the"Company") will be accepted, please be aware that these terms if accepted by you create a binding legal agreement between you and FanDoodle! If you're not comfortable or qualified to review this, we urge that before accepting these terms you print out a copy and review it with your attorney, manager and other representatives and if you have no such representatives that you seek other independent qualified guidance. We reserve the right to make changes to the Artist Agreement in the future, although these changes would not apply to you unless you accepted the revised terms.
The basic submissions terms which will constitute our agreement if you accept by clicking the "I ACCEPT" box or submit any material to FanDoodle! are as follows:
FanDoodle does not claim ownership of any intellectual property rights over the Content (including text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials) that you upload to FanDoodle. Any intellectual property rights, including the copyright, in uploaded Content belongs solely to you, subject to the non-exclusive license granted herein. After uploading your Content to FanDoodle, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. You can cancel your account with us anytime. Any CDs of yours that we hold in inventory will be returned to you, if you like, at your expense.
License Of Uploaded Content To Company. By displaying or publishing ("uploading") any Content on FanDoodle, you hereby grant to Company a limited license to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display, reproduce, and distribute such Content (in whole or in part) or prepare derivative works, in any format or medium now known or later developed, and synchronize such Content with photo slideshows or video solely on and through FanDoodle, its Websites or its affiliates. The license is non-exclusive (meaning you are free to license your Content to anyone else in addition to Company), fully-paid and royalty-free (meaning that Company is not required to pay you for the use on FanDoodle or its Websites of the Content that you upload), sublicensable (so that Company is able to use its affiliates and subcontractors such as Internet content delivery networks to provide FanDoodle and Websites and to permit Users to view, hear, read, stream, download and link to your Content), and worldwide (because the Internet, FanDoodle and the Websites are global in reach). The license does not grant Company the right to distribute your Content outside of FanDoodle or its Websites. Except as otherwise provided herein, Company may not transfer or sell its Content license to others. You represent and warrant that you have sufficient ownership rights to grant this license.
You Have All Necessary Rights. By accepting this agreement and/or submitting any Material, you are guaranteeing to FanDoodle! that you are of legal age to enter into contracts (you're not a minor) and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein. You also guarantee that no permission is required from any other individual or company for us to use the Material and other rights provided herein. You further guarantee to FanDoodle! that the compositions, recordings, lyrics and other materials contained in the Material are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies. Although we're big believers in free expression, you also guarantee that the Material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene. Finally, you guarantee to FanDoodle! That the Material will not contain any "viruses" or other information which may damage or otherwise interfere with FanDoodle! computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to FanDoodle! under this paragraph and you shall indemnify us and our customers from any damages and costs, including reasonable attorneys fees, arising from your breach. You shall sign and deliver to FanDoodle! any additional documents that FanDoodle! may request to confirm FanDoodle!'s rights under this agreement.
Terms of Use. FanDoodle! shall from time to time publish on the FanDoodle! site its policies concerning FanDoodle and content to be submitted and you agree to comply with those policies. FanDoodle! shall have the right to review your Material and in its discretion edit, alter, decline to post or remove any of the Material for any reason.
Disputes. You represent that you own right, title and interest to all songs that you upload or mail to FanDoodle!. If a dispute and/or claim exists therefrom, FanDoodle! reserves the right to remove such song from the FanDoodle! website until such time as a bonafide resolution has been reached by the disputing parties. FanDoodle! is not in a position nor has the authority to resolve any claims and/or disputes therefrom. We will not be your referee.
Disclaimer. You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and FanDoodle! shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the FanDoodle! service. There are no assurances whatsoever that any of the Material shall actually be utilized on the FanDoodle! Site, other than on your Artist product and fan pages, or if so utilized continue to be available for any particular time. The FanDoodle! site may be discontinued at any time, with or without reason. If for any reason any part of this agreement violates any law or would otherwise be void, this agreement shall be deemed amended to the minimum amount necessary to make it lawful and enforceable.
Miscellaneous. In the event of any dispute concerning this agreement Connecticut law shall apply and all legal proceedings, if any, shall take place in Connecticut. |