Terms

1. usage:

• 1.1. "You" will not use "the site" in any way that would bring harm to "the site" or cause harm to other persons, properties, or interests including "the site".
• 1.2. "You" must have permission to upload any and all of "Your Media" and make it available globaly (without any expressed or implied restriction) or "You" have obtained permission from the relevant rights holder(s).
• 1.3. "You" give "the site" non-explicit rights to freely use "your media" for the purpose of but not limited to internet radio, live, and promotional broadcast, external blogs and widgets. Track lengths and quality are completely up to "You". If "You" would like to only allow previews of an album to be available "You" may upload a track with the desired length to an album labeled as a demo.
• 1.4. "the site" does not claim any ownership rights in "Your Media". "You" will continue to own "Your Media" and can use it in any way that "You" choose.
• 1.5. "You" or "the site" have the option to terminate "the agreement" at any given time by:
  • (i) "You" removing "Your Media" using the facility provided by "the site"; or
  • (ii) one party providing the other party with 30 days prior written notice of termination of agreement unless found in violation of the agreement at which time your account and anything associated with it will be removed.
• 1.6. Any unauthorized commercial use of "the site", or the resale of it's services or content, is expressly prohibited.
• 1.7 You agree not to represent, relay information to, etc. any of the following
  • Search Engine
  • News aggregator website
  • Multi Level Marketing (MLM) Pyramid or similar.
  • Social Network

2. warranty

• 2.1. You warrant and represent to "the site" that:
• 2.2. You are the owner or authorized agent of "Your Media" and have obtained all necessary rights, consents, releases, waivers, authorizations, etc. in regard to "Your Media";
• 2.3 "You" have full right and authority to enter into "the agreement" and grant the license at term 1.3;
• 2.4 There is no present or prospective claim or litigation in respect of "Your Media";
• 2.5 The use by "the site" of "Your Media" shall not infringe the rights of any third party;
• 2.6 You have cleared all rights and made all payments due to any performing artist, collecting society, producer or contributor to “Your Media” (including but not limited to music synchronization clearances and fees, where applicable), that such payments are equitable in accordance with relevant legislation and that no further payments shall be payable by "the site";
• 2.7 Your Media will not contain any contaminated file, viruses, worms, Trojan horses or other similar harmful or destructive code or program.
• 2.8 "the site" warrants that it has the full right and authority to enter into "the agreement".

3. liability:

• You hereby indemnify and will at all times keep "the site" fully and effectively indemnified from and against all actions, proceedings, claims, damages, costs and losses whatsoever made against or incurred by "the site" in consequence of any breach or non-performance by "You" of any of the representations, warranties or covenants on the part of "the site" contained in "the agreement".

4. ‡ relationship

• 4.1. "You" acknowledge and agree that "the agreement" sets out the business relationship between "You" and "the site".
• 4.2. The business relationship between "You" and "the site" is of licensor and licensee and nothing in "the agreement" shall be construed
  • (i) to give either party the power to direct or control the daily activities of the other party; or
  • (ii) to constitute the parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint ventures, co-owners, or otherwise as participants in a joint undertaking.

5. no obligation

• "the site" shall be under no obligation to broadcast or use "Your Media". Any use of "Your Media" is at our sole discretion.

6. terminations:

• Any account found using content in any form that is in violation of our terms will be disabled immediately pending hearing and you will be informed of your violation. The account holder "You" have 30 days to appeal the termination at which time if no appeal has been filed it will be assumed that allegations were true and all "Your Media" will be deleted and the account associated with it will be permanently suspended.
• The 30 day holding period for "Your Media" is to protect "you" in the event that someone has filed an illegitimate claim against you but may be expired at any time prior to the 30 days if evidence shows without a reasonable doubt that "Your Media" does not infringe on the rights of another.

‡ - Applies to band only.

If you do not agree with the terms outlined in "the agreement" you should leave now.