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TERMS AND CONDITIONS FOR UPLOADING AT DMUSIC

leflaw	Date: September 8, 2003 @ 8:30 PM dmusic.com will be accepted. In general, by submitting musical, photographic, artistic, computer-generated and/or other materials (audio, visual, audiovisual and otherwise) to us and agreeing to the terms and conditions set forth below, you are giving us the nonexclusive right (i.e., you can grant similar rights to others at any time) to use those materials on and as part of our websites (e.g., to include your materials in our database which we make freely available over the World Wide Web) as well as the right to make certain other uses of your submitted material. Our right to so use your materials will continue until 120 days after you notify us in writing of your desire to end the agreement. After this time period ends, we will remove your materials from our websites, except that we shall continue to have the right forever to use your name and likeness on our websites solely in connection with the promotion and marketing of our business (e.g., we can refer to you as a former member of dmusic.com). We reserve the right to make changes to this agreement in the future but any changes would not apply to you unless you accept those changed terms. Agreement This agreement ("Agreement") is a legal agreement between you, either an individual artist or the legal authorized representative of a group artist ("Artist"), and DMUSIC NETWORK, LLC, a California limited liability company ("dmusic"), regarding uploading certain of Artist's audio, visual, audiovisual and other materials to the dmusic.com website or any successor(s) thereto and/or assigns thereof (the "dmusic Site(s)") and dmusic's use of such materials. If Artist is agreeing on behalf of a group artist to be bound by the terms of this Agreement, each reference to "Artist" in this Agreement refers to each member of the group or the group as a whole, as applicable. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: Term. The term ("Term") of this Agreement shall commence on the date that the "Artist Materials" (defined below) are initially uploaded to any dmusic Site(s) and shall continue thereafter until either Artist or dmusic terminates this Agreement in writing. To the extent this Agreement is terminated by Artist, the rights granted hereunder shall terminate 120 days after dmusic's actual receipt of such notice. If this Agreement is terminated by dmusic, this Agreement will terminate upon Artist's receipt of such notice. In connection with any such termination of this Agreement, the parties agree to cooperate in providing an orderly termination of their relations. Ownership. Artist shall at all times retain all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to dmusic under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement. License to Use Artist Materials. Artist hereby grants to dmusic a worldwide, royalty-free non-exclusive license to do the following things during the Term for any purpose whatsoever, including a commercial purpose: (a) to prepare and encode Artist Materials, or any portion thereof (including sound clips) for digital transmission and the making of digital phonorecord deliveries (i.e., downloads) in any format and by any means now known or hereafter devised; (b) to display, copy, reproduce (and to mechanically reproduce each musical composition included in the Artist Materials), exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital), electronically publish and synchronize with visual images any or all of the Artist Materials, including any portion thereof, and to include them in compilations for such purposes, by any and all means and media now known or hereafter devised (for avoidance of doubt, the rights granted to dmusic hereunder include the rights to make the sound recordings and musical compositions included in the Artist Materials available as digital audio transmissions [e.g., streaming formats such as Real Audio] and as digital phonorecord deliveries [e.g., downloadable formats such as MP3] and the rights to make Artist Materials available on dmusic Site(s) and/or third-party websites, whether affiliated with dmusic or not, and on hardware devices of all kinds); (c) to modify, adapt, change or otherwise alter the Artist Materials; (d) to create derivative works based on the Artist Materials or any part or element thereof; and (e) the right to sublicense to any third party the Artist Materials or any part or element thereof. Artist hereby disclaims any and all right, title, or interest in any and all material with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated. As used in this Agreement, the term "Artist Materials" means (A) sound recordings and/or audiovisual works of Artist's vocal and/or instrumental performances, (B) the musical compositions (i.e., songs, lyrics) embodied in those recordings and works, (C) Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, artwork, liner notes, and other graphical or textual materials that Artist uploads to dmusic, and (D) any and all "skins," computer-generated images or other artwork or images that Artist submits to dmusic. Name and Likeness. Artist hereby grants to dmusic (i) a worldwide, royalty-free, non-exclusive license to use during the Term Artist's name(s), group name, photograph and/or likeness(es) and biographical materials solely in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials and the dmusic Site(s), and (ii) a perpetual, worldwide, royalty-free, nonexclusive license to use Artist's name(s), group name, photograph and/or likeness(es) and biographical materials solely in connection with the promotion and marketing of dmusic and/or the dmusic Site(s). Artist also agrees not to assert any privacy, publicity, moral or similar rights (including, without limitation, any right of proceeds and any European Rental and Lending Rights) held by Artist (and any other person(s) whose performances are embodied in the Artist Materials) under the laws of the United States and any other country in connection with the exploitation of such materials. Payment. Unless otherwise agreed between Artist and dmusic in a writing signed by both parties, the license granted to dmusic pursuant to this Agreementshall be royalty-free, i.e., Artist will not receive any monies for dmusic's use of the Artist Materials notwithstanding any advertising and/or other revenue dmusic may receive. Representations and Warranties. Artist represents and warrants that: (a) Artist has the full right and power to enter into and perform this Agreement and to grant dmusic all rights to use the Artist Materials as contemplated in this Agreement, (b) Artist has secured all necessary third-party consents, rights, licenses and permissions, if any, required in order for Artist to enter into and perform this Agreement and to grant dmusic all rights to use the Artist Materials as contemplated in this Agreement (including, without limitation, consents and permissions from music publishers, recording companies, performers and owners of any samples that are used in the Artist Materials), (c) the Artist Materials (and dmusic's use thereof as contemplated under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, (d) all information that Artist has provided or will provide to dmusic is true and complete, (e) the Artist Materials do not and will not violate any law, statute, ordinance or regulation, (f) the Artist Materials do not and will not be defamatory, trade libelous, pornographic or obscene, (g) the Artist Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of dmusic or any third party, and (h) if any member of Artist's group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement. Third Party Payments. Artist shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Artist Materials, including, without limitation, any applicable union and/or guild payments, "sample" or "replay" licenses or payments, and mechanical, synchronization or public performance royalties. Indemnity. Artist agrees to indemnify, reimburse and hold dmusic and its members, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to (a) Artist's use of the dmusic Site(s); (b) any breach or alleged breach of Artist's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and (c) Artist's violation or alleged or threatened violation of any rights of a third party. dmusic's Performance. Artist acknowledges and agrees that the operation of the dmusic Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and dmusic shall not be responsible to Artist or others for any such interruptions, errors or problems or an outright discontinuance of the dmusic service. There are no assurances whatsoever that any of the Artist Materials or any part or element thereof shall actually be utilized on the dmusic Site or if so utilized continue to be available for any particular time. dmusic has the right, in dmusic's sole and absolute discretion, to remove from the dmusic Site(s) at any time the Artist Materials or any part thereof and/or to revoke any sublicense granted by dmusic to any affiliate or unaffiliated third party. The dmusic Site may be discontinued at any time, with or without reason. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DMUSIC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE DMUSIC SITE, AND (2) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE DMUSIC SITE AND ANY SERVICES PROVIDED BY DMUSIC HEREUNDER. IN ADDITION, ALTHOUGH DMUSIC INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRSUES OR OTHER DESTRUCTIVE MATERIALS TO THE DMUSIC SITE(S), AND WHETHER OR NOT DMUSIC IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, DMUSIC DOES NOT WARRANT THAT THE DMUSIC SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE DMUSIC SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL DMUSIC, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF (A) THE USE OR INABILITY TO USE THE DMUSIC SITE(S), (B) THE RELIANCE ON ANY CONTENT ON OR ACCESSED THORUGH THE DMUSIC SITE(S), AND/OR (C) ANY GOODS OR SERVICES ADVERTISED ON THE DMUSIC SITE(S) OR ACCESSED THORUGH THE DMUSIC SITE(S), EVEN IF DMUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Copyright and Trademark Notices. dmusic, Dimension Music, DMusic Network, the dmusic logos, and the layout and design of the dmusic Site(s), among other marks that may appear on the dmusic Site(s) are trademarks of DMUSIC NETWORK, LLC (the "dmusic Marks"). Other trademarks and service marks on the dmusic Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. You may not use any of the dmusic Marks without dmusic's prior written permission. Miscellaneous. Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS OR ANY OTHER JURSUDCICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN LOS ANGELES, CALIFORNIA, AND YOU AND DMUSIC BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. Assignment. dmusic shall have the right to assign this Agreement in whole or in part to any person or business entity. Notice. All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to the address set forth below for each party. Communications shall be deemed received: (i) for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt or refusal as indicated on the return receipt; (ii) for Communications sent by personal delivery, on the date of personal delivery; and (iii) for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt. No other form of notice shall be accepted under this Agreement. Entire Agreement. This Agreement sets forth the entire understanding and agreement of Artist and dmusic as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter. Modification. This Agreement may be changed only by a writing signed by both parties which specifically refers to the parties' intent to amend this Agreement." id="61740">Introduction The following is a brief overview (in plain English) of the terms and conditions under which submissions to dmusic.com will be accepted. In general, by submitting musical, photographic, artistic, computer-generated and/or other materials (audio, visual, audiovisual and otherwise) to us and agreeing to the terms and conditions set forth below, you are giving us the nonexclusive right (i.e., you can grant similar rights to others at any time) to use those materials on and as part of our websites (e.g., to include your materials in our database which we make freely available over the World Wide Web) as well as the right to make certain other uses of your submitted material. Our right to so use your materials will continue until 120 days after you notify us in writing of your desire to end the agreement. After this time period ends, we will remove your materials from our websites, except that we shall continue to have the right forever to use your name and likeness on our websites solely in connection with the promotion and marketing of our business (e.g., we can refer to you as a former member of dmusic.com). We reserve the right to make changes to this agreement in the future but any changes would not apply to you unless you accept those changed terms. Agreement This agreement ("Agreement") is a legal agreement between you, either an individual artist or the legal authorized representative of a group artist ("Artist"), and DMUSIC NETWORK, LLC, a California limited liability company ("dmusic"), regarding uploading certain of Artist's audio, visual, audiovisual and other materials to the dmusic.com website or any successor(s) thereto and/or assigns thereof (the "dmusic Site(s)") and dmusic's use of such materials. If Artist is agreeing on behalf of a group artist to be bound by the terms of this Agreement, each reference to "Artist" in this Agreement refers to each member of the group or the group as a whole, as applicable. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: Term. The term ("Term") of this Agreement shall commence on the date that the "Artist Materials" (defined below) are initially uploaded to any dmusic Site(s) and shall continue thereafter until either Artist or dmusic terminates this Agreement in writing. To the extent this Agreement is terminated by Artist, the rights granted hereunder shall terminate 120 days after dmusic's actual receipt of such notice. If this Agreement is terminated by dmusic, this Agreement will terminate upon Artist's receipt of such notice. In connection with any such termination of this Agreement, the parties agree to cooperate in providing an orderly termination of their relations. Ownership. Artist shall at all times retain all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to dmusic under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement. License to Use Artist Materials. Artist hereby grants to dmusic a worldwide, royalty-free non-exclusive license to do the following things during the Term for any purpose whatsoever, including a commercial purpose: (a) to prepare and encode Artist Materials, or any portion thereof (including sound clips) for digital transmission and the making of digital phonorecord deliveries (i.e., downloads) in any format and by any means now known or hereafter devised; (b) to display, copy, reproduce (and to mechanically reproduce each musical composition included in the Artist Materials), exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital), electronically publish and synchronize with visual images any or all of the Artist Materials, including any portion thereof, and to include them in compilations for such purposes, by any and all means and media now known or hereafter devised (for avoidance of doubt, the rights granted to dmusic hereunder include the rights to make the sound recordings and musical compositions included in the Artist Materials available as digital audio transmissions [e.g., streaming formats such as Real Audio] and as digital phonorecord deliveries [e.g., downloadable formats such as MP3] and the rights to make Artist Materials available on dmusic Site(s) and/or third-party websites, whether affiliated with dmusic or not, and on hardware devices of all kinds); (c) to modify, adapt, change or otherwise alter the Artist Materials; (d) to create derivative works based on the Artist Materials or any part or element thereof; and (e) the right to sublicense to any third party the Artist Materials or any part or element thereof. Artist hereby disclaims any and all right, title, or interest in any and all material with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated. As used in this Agreement, the term "Artist Materials" means (A) sound recordings and/or audiovisual works of Artist's vocal and/or instrumental performances, (B) the musical compositions (i.e., songs, lyrics) embodied in those recordings and works, (C) Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, artwork, liner notes, and other graphical or textual materials that Artist uploads to dmusic, and (D) any and all "skins," computer-generated images or other artwork or images that Artist submits to dmusic. Name and Likeness. Artist hereby grants to dmusic (i) a worldwide, royalty-free, non-exclusive license to use during the Term Artist's name(s), group name, photograph and/or likeness(es) and biographical materials solely in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials and the dmusic Site(s), and (ii) a perpetual, worldwide, royalty-free, nonexclusive license to use Artist's name(s), group name, photograph and/or likeness(es) and biographical materials solely in connection with the promotion and marketing of dmusic and/or the dmusic Site(s). Artist also agrees not to assert any privacy, publicity, moral or similar rights (including, without limitation, any right of proceeds and any European Rental and Lending Rights) held by Artist (and any other person(s) whose performances are embodied in the Artist Materials) under the laws of the United States and any other country in connection with the exploitation of such materials. Payment. Unless otherwise agreed between Artist and dmusic in a writing signed by both parties, the license granted to dmusic pursuant to this Agreementshall be royalty-free, i.e., Artist will not receive any monies for dmusic's use of the Artist Materials notwithstanding any advertising and/or other revenue dmusic may receive. Representations and Warranties. Artist represents and warrants that: (a) Artist has the full right and power to enter into and perform this Agreement and to grant dmusic all rights to use the Artist Materials as contemplated in this Agreement, (b) Artist has secured all necessary third-party consents, rights, licenses and permissions, if any, required in order for Artist to enter into and perform this Agreement and to grant dmusic all rights to use the Artist Materials as contemplated in this Agreement (including, without limitation, consents and permissions from music publishers, recording companies, performers and owners of any samples that are used in the Artist Materials), (c) the Artist Materials (and dmusic's use thereof as contemplated under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, (d) all information that Artist has provided or will provide to dmusic is true and complete, (e) the Artist Materials do not and will not violate any law, statute, ordinance or regulation, (f) the Artist Materials do not and will not be defamatory, trade libelous, pornographic or obscene, (g) the Artist Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of dmusic or any third party, and (h) if any member of Artist's group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement. Third Party Payments. Artist shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Artist Materials, including, without limitation, any applicable union and/or guild payments, "sample" or "replay" licenses or payments, and mechanical, synchronization or public performance royalties. Indemnity. Artist agrees to indemnify, reimburse and hold dmusic and its members, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to (a) Artist's use of the dmusic Site(s); (b) any breach or alleged breach of Artist's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and (c) Artist's violation or alleged or threatened violation of any rights of a third party. dmusic's Performance. Artist acknowledges and agrees that the operation of the dmusic Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and dmusic shall not be responsible to Artist or others for any such interruptions, errors or problems or an outright discontinuance of the dmusic service. There are no assurances whatsoever that any of the Artist Materials or any part or element thereof shall actually be utilized on the dmusic Site or if so utilized continue to be available for any particular time. dmusic has the right, in dmusic's sole and absolute discretion, to remove from the dmusic Site(s) at any time the Artist Materials or any part thereof and/or to revoke any sublicense granted by dmusic to any affiliate or unaffiliated third party. The dmusic Site may be discontinued at any time, with or without reason. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DMUSIC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE DMUSIC SITE, AND (2) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE DMUSIC SITE AND ANY SERVICES PROVIDED BY DMUSIC HEREUNDER. IN ADDITION, ALTHOUGH DMUSIC INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRSUES OR OTHER DESTRUCTIVE MATERIALS TO THE DMUSIC SITE(S), AND WHETHER OR NOT DMUSIC IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, DMUSIC DOES NOT WARRANT THAT THE DMUSIC SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE DMUSIC SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL DMUSIC, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF (A) THE USE OR INABILITY TO USE THE DMUSIC SITE(S), (B) THE RELIANCE ON ANY CONTENT ON OR ACCESSED THORUGH THE DMUSIC SITE(S), AND/OR (C) ANY GOODS OR SERVICES ADVERTISED ON THE DMUSIC SITE(S) OR ACCESSED THORUGH THE DMUSIC SITE(S), EVEN IF DMUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Copyright and Trademark Notices. dmusic, Dimension Music, DMusic Network, the dmusic logos, and the layout and design of the dmusic Site(s), among other marks that may appear on the dmusic Site(s) are trademarks of DMUSIC NETWORK, LLC (the "dmusic Marks"). Other trademarks and service marks on the dmusic Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. You may not use any of the dmusic Marks without dmusic's prior written permission. Miscellaneous. Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS OR ANY OTHER JURSUDCICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN LOS ANGELES, CALIFORNIA, AND YOU AND DMUSIC BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. Assignment. dmusic shall have the right to assign this Agreement in whole or in part to any person or business entity. Notice. All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to the address set forth below for each party. Communications shall be deemed received: (i) for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt or refusal as indicated on the return receipt; (ii) for Communications sent by personal delivery, on the date of personal delivery; and (iii) for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt. No other form of notice shall be accepted under this Agreement. Entire Agreement. This Agreement sets forth the entire understanding and agreement of Artist and dmusic as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter. Modification. This Agreement may be changed only by a writing signed by both parties which specifically refers to the parties' intent to amend this Agreement.
Karmatic	Date: September 8, 2003 @ 8:36 PM Brief overview?!
Jennae	Date: September 8, 2003 @ 11:08 PM I'm glad that was simplified but :milla: is going to for those caps
milladrive	Date: September 9, 2003 @ 9:12 AM is the site owner. He can do with it whatever he so desires. ...but he still gets a from :milla:.
Jennae	Date: September 10, 2003 @ 12:10 AM yep selling tickets for all is encouraged to come for :milla: will let you use the paddle... use with caution
ChillinBuzz	Date: September 20, 2003 @ 7:09 PM can i have my paddle back when ur done?
milladrive	Date: September 20, 2003 @ 7:16 PM Your paddle? Awright, I'll sell it. But it's gonna cost ya. :milla: =p
Expose	Date: September 20, 2003 @ 7:22 PM Brief overview, plain english? Yeah right.
Cryxan	Date: September 20, 2003 @ 9:45 PM Methinks that the plain English brief overview thing applies just to the Introduction, no? And the people always commenting on that are probably the ones who have not read the whole thing.
sinai	Date: September 20, 2003 @ 9:55 PM well i dunt read the ingredients table on a bottle of asprin either, but i'm quite sure the stuff helps with headaches
InsaneWayne	Date: September 23, 2003 @ 12:46 PM Does this mean by posting a song I claim copyright (or copyleft?) almost as if registering with the Copyright Office? At the .gov site it claims registering with the copyright office is NOT nessasary to assert copyright but helps, would posting at Dmusic help assert copyright? (and assert that THIS SONG is a freebie?) I dont want the RIAA stopping by and stealing my music and making my money (lol if I was to ever post anything that good, but some of the artists here should worry about that, they are that good)" id="62695">"Ownership. Artist shall at all times retain all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to dmusic under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement" Does this mean by posting a song I claim copyright (or copyleft?) almost as if registering with the Copyright Office? At the .gov site it claims registering with the copyright office is NOT nessasary to assert copyright but helps, would posting at Dmusic help assert copyright? (and assert that THIS SONG is a freebie?) I dont want the RIAA stopping by and stealing my music and making my money (lol if I was to ever post anything that good, but some of the artists here should worry about that, they are that good)
Apertome	Date: September 24, 2003 @ 1:06 AM I am not a lawyer, but in answer to your question ("Does this mean by posting a song I claim copyright (or copyleft?) almost as if registering with the Copyright Office?") I would say no. It could be difficult to prove that you had the right to upload it in the first place. That said, posting tracks to DMusic MIGHT be helpful to prove you own the copyright. I just don't know. It would probably depend on the specifics of the case. " id="62765">InsaneWayne: There is no such thing (from a legal perspective) as copyleft. It's a way of extending additional rights not provided by copyright. While there is no legal definition for "copyleft," things applying this type of licensing enforce it based on existing copyright and contract laws. I am not a lawyer, but in answer to your question ("Does this mean by posting a song I claim copyright (or copyleft?) almost as if registering with the Copyright Office?") I would say no. It could be difficult to prove that you had the right to upload it in the first place. That said, posting tracks to DMusic MIGHT be helpful to prove you own the copyright. I just don't know. It would probably depend on the specifics of the case.
pog	Date: October 2, 2003 @ 8:04 AM It's interesting what he's saying, though... The riaa running out of new ideas, and leeching off indipendant artists... then selling it back to them... poggy reads back through the fine print again
BuKsHoRti3	Date: October 2, 2003 @ 7:17 PM i agree
thumbtack	Date: October 6, 2003 @ 5:53 AM Insanewayne, what that means is that you retain ownership of your music, and you can add it to other sites as well in other words, non exclusive use on DMusic..
robin101	Date: October 6, 2003 @ 6:43 AM Rick" id="64188">Leflaw, I'm obviously new to dMusic. I'm curious as to why you posted: "Re: TERMS..." Rick
Jennae	Date: October 6, 2003 @ 7:49 PM but Rick... I'm curious as to why you are curious??? It's clearly info more should have read and clearly understood before they uploaded. Creating this thread just allowed more access to that information I think :shrugs:" id="64256">BECAUSE!!!!!!!!!!!!!!!! we have a ton of artist that try to pass themselves off as Eminem and then come crying about "why did my account get deleted??" When it is also clearly stated on the uploading page NO COPYWRITTEN BS THAT AIN"T YOURS. but Rick... I'm curious as to why you are curious??? It's clearly info more should have read and clearly understood before they uploaded. Creating this thread just allowed more access to that information I think
Dogasse	Date: October 7, 2003 @ 11:34 PM I'm for getting the music out there. Let them all eat my copyright. Is there a term that limits you to three tracks? My uploading ability has gone kaput.
Jennae	Date: October 12, 2003 @ 8:57 AM .
Jennae	Date: October 12, 2003 @ 11:52 AM .
Jennae	Date: October 12, 2003 @ 12:00 PM interesting
DetroitJimmy	Date: October 12, 2003 @ 5:10 PM terms? I can't upload shis whats up ??10/11/03 2M PT
Karmatic	Date: October 19, 2003 @ 1:32 PM I bet Jennae could make a list
Jennae	Date: October 19, 2003 @ 4:09 PM I know nothing ... what is this place dmusic
Karmatic	Date: October 19, 2003 @ 4:32 PM :milla: has a picture that defines it. the one with the guy running in circles trying to escape.
sinai	Date: October 19, 2003 @ 5:07 PM kinda like marriage really
Lcrowley	Date: November 3, 2003 @ 11:43 AM yanno, Insane Wayne, The best way to copyright your material is through the library of congress .. but... there are other ways as wwell .. there is the poor mans copyright, sending your material to yourself and not opening the package .. that way it is dated ... Or, if you perform you music live .. you then have witnesses .. or if you belong to a org, or go to open mic nights ... they always write down who played and what they played ... and sometime even publish these results on a website or in a newsletter ... so these things are proof of your songs existence and will stand up in court .. I was told this by a copyright Lawyer ... btw Lana
Karmatic	Date: November 3, 2003 @ 10:01 PM poor mans copyright can be argued by a good lawyer, any idiot could send himself a letter unsealed but tucked in and when it got back later on seal it with new contents inside
lad12sha19	Date: November 4, 2003 @ 7:07 AM PEAPLE HOW U UPLOAD SONG
TameasDust	Date: November 22, 2003 @ 12:15 PM http://help.dmusic.com/ http://help.dmusic.com/#upload
TameasDust	Date: November 22, 2003 @ 12:18 PM i like the way http://www.dmusichost.com/ puts it all in perspective
johnnygnote	Date: November 24, 2003 @ 5:16 AM Is there a sanity clause Oh wait everybody know there's no such thing as Sanity Clause
pog	Date: January 15, 2004 @ 11:30 PM I found out you are what you eat (from a garfield comic) and I never used to steer clear for fruit and nuts... does that count ?
MickeyBreezy	Date: February 11, 2004 @ 12:04 AM it takes sooooo long 2 upload a song its rediculous
robbydadrummer	Date: February 19, 2004 @ 4:12 PM 3 words for you, Snow... Hi Speed Internet!
majak	Date: February 21, 2004 @ 2:04 AM
YaBoyDrew	Date: February 25, 2004 @ 4:59 PM lol i gotta cable modem
MickeyBreezy	Date: February 27, 2004 @ 10:34 PM 3 words 4 u robby... No Fuckin W!
robbydadrummer	Date: February 27, 2004 @ 11:55 PM Yeah yeah yeah... that was 9 days ago. lol. Did you ever figure out what happened to the Pumpkin thread?
sinai	Date: March 17, 2004 @ 4:22 PM don't mind me, im juss getting rid of an ugly N/A on the forum board
blubat	Date: March 23, 2004 @ 8:34 AM what sinai said.
kingo	Date: March 23, 2004 @ 2:49 PM I don't know what anybody means, but what everybody said. N/A?
cfulmer	Date: May 26, 2004 @ 5:01 PM The CAPITAL letters are there because judges don't like it when you hide really important language in the middle of a written contract. Capitalizing it is a way of avoiding that problem. And, as for the question about acquiring copyright: As I understand it, under current (US) copyright law, the creator of a work has copyright from the moment of creation. You only have to register that copyright if you want to sue to keep somebody from infringing that copyright. IANAL, so take it with a grain of salt.
Emoceon	Date: May 26, 2004 @ 6:38 PM conditions are mild
robbydadrummer	Date: June 5, 2004 @ 4:41 AM TERMS AND CONDITIONS... i have a 'condition', and the 'term' is "crazy"...
Kre8ive	Date: June 17, 2004 @ 1:15 AM aiyo i need to know if it is safe for me to upload some of my shit on here and if I do are people gonna go run off wit my lyrics and make their own shit from it i dont understand it seems to me that dmusic could be sittin on a goldmine if they put that clause in the agreement someone aid me ina hurry
leflaw	Date: June 19, 2004 @ 9:41 AM Hmmm...............
robbydadrummer	Date: June 19, 2004 @ 10:20 AM if you're that worried about it Kre8ive, you wouldn't put your songs up anywhere. any site like this will be the same. copyright your songs and none of this will matter.
independentm...	Date: June 21, 2004 @ 10:44 AM Thanks to the RIAA, the Copyright LAWS are to blame for the above encyclopedia being a CONDENSED/EASY version. To be a music artist, you better have a couple of law degrees. This mess is just ONE of the reasons we have need of sites like boycott-riaa.com and creativecommons.org which I stongly advise you check out if you are serious about music.
ronnie71	Date: June 21, 2004 @ 11:20 AM a goldmine!!!!
robbydadrummer	Date: July 24, 2004 @ 4:36 PM Gold!!! grabs a shovel and starts digging
LeeR	Date: July 27, 2004 @ 2:25 PM i wana paddle someone....
LeeR	Date: July 27, 2004 @ 2:26 PM how about, i paddle someone...IN the goldmine...eh..eh?
robbydadrummer	Date: August 4, 2004 @ 10:30 PM Don't look at me. I'm not around enough to get in trouble anymore...
Thunder-Net	Date: September 27, 2004 @ 1:39 AM lucky you
Alstroph	Date: December 12, 2005 @ 10:46 PM
Alstroph	Date: December 13, 2005 @ 8:11 AM Still alive...
Alstroph	Date: December 14, 2005 @ 11:03 AM Mmmm... you know this topic is breaking the rules... "profanity in subject lines, subjects in all caps"
ChillinBuzz	Date: December 18, 2005 @ 8:31 AM and in 2 years, nobody ever mentioned this?
TameasDust	Date: May 5, 2006 @ 2:32 PM I see nothing ... nothing
ChillinBuzz	Date: May 7, 2006 @ 10:43 AM Tameas...
thesoloer	Date: June 16, 2006 @ 2:10 PM :Rofl: wait are you serious... Lol still anyways.
thesoloer	Date: June 16, 2006 @ 2:10 PM wait so how do you upload a song?
shadowself	Date: June 16, 2006 @ 2:15 PM http://help.dmusic.com/uploading
thesoloer	Date: June 16, 2006 @ 4:55 PM .
EvilPicnic	Date: June 16, 2006 @ 5:21 PM It's difficult to tell sometimes....
Distilled1	Date: June 16, 2006 @ 5:23 PM :disaprove:
Distilled1	Date: June 16, 2006 @ 5:24 PM never said I could spell
thesoloer	Date: June 16, 2006 @ 10:10 PM I didnt say I could spell either .
thesoloer	Date: June 16, 2006 @ 10:11 PM but why would he call it "brief?"
thesoloer	Date: June 16, 2006 @ 10:11 PM I mean if THAT is what HE would call a brief overview of the way the dmusic users upload music onto the site... if that's a brief overview, I'd like to see the simplified version of the brief overview just for kicks .
TameasDust	Date: June 17, 2006 @ 10:27 PM All music uploaded to the DMusic servers must be original music created or controlled by the person uploading that music, or have the permission of the copyright owner. Failure to adhere to this policy, may result in your artist account being deleted, and user account being disabled. This is in addition to whatever action the copyright holder may wish to bring.
thesoloer	Date: June 19, 2006 @ 4:37 PM I saw Kingo's post in the "Will the RIAA forum" and apparently I am real SO that means that I can continue to put songs down here and I can continue to adhere to the policy on Dmusic, if Lord Concrete Byson says I'm real, then, therefore, I am real.
thesoloer	Date: June 19, 2006 @ 4:37 PM *Will the RIAA win topic
kingo	Date: June 19, 2006 @ 5:10 PM I'm pretty sure you're more real than the rest of us can ever hope to be.
EvilPicnic	Date: June 19, 2006 @ 5:13 PM ...
shadowself	Date: June 19, 2006 @ 10:35 PM Leflaw, can we somehow work Tim and basketball into the terms and conditions, if only to keep this thread anywhere near on topic?
thesoloer	Date: June 20, 2006 @ 10:59 AM
kingo	Date: June 20, 2006 @ 3:02 PM Hey soloer: were you written by William Faulkner, by any chance?
thesoloer	Date: June 20, 2006 @ 3:11 PM Ah... fortunately no. I'm either jacob or some people call me kades, kades is my other name, other people are just human.