This agreement is between Flicks and Beats and all its affiliates including www.flicksandbeats.com (“Us/We/Our”) and unsigned bands/artists/users (“You”). The agreement will set out the terms on which you supply Us with your musical and or film work including pictures,lyrics,events,dates (“Works”) for inclusion on http://www.flicksandbeats.com (“Our Website”) and for which we provide membership services (“Services”) Users/Artists may publish relevant and useful content on the FlicksandBeats.com site. The user/registered artists ("You") retains Full control,rights and responsibility for all material posted under the created and approved user name/alias. After accepting this agreement you may distribute /sell content on the FLicks and Beats site that belongs only to you. Your work/works should not contain any misleading,wrong,pornographic,vulgar,obscene,threatening,offensive,sexual, information/content that injures the privacy of any other individual or any law that is applicable in your country of residence. The registered user retains full control and responsibility for their account/content within the account,work(s) including login credentials,pictures,film,music,clips,events,dates and all other material posted. We require that you read this agreement carefully before signing up to Flicks and Beats and any/all of its affiliates and parent companies. Registration
We require all artist/manager members/artists to accurately complete our application/registration procedure by creating/setting a user account. All registration is screed by Flicks and Beats and when approved, a login code will be assigned to the accepted user/artists. All personal details supplied during registration should be correct and valid and should not infringe any third party rights. It is your responsibility to ensure that personal details are kept up to date including addresses, phone numbers and other personal contact data. Flicks and Beats reserves the right to terminate and remove any user for any reason at any time. Flicks and Beats reserves the right to pas/share any information that pertains to any user and any account if the user material is the cause of any copyright or property infringement or damage. Price details and payment obligations
When you become a member you agree to pay an annual subscription charge/fee for the user of services provided by Flicks and Beats until You or We terminate the agreement. Flicks and Beats reserves the right to change/alter the membership price at any time and we reserve the right to offer discounted and free memberships to any and all parties we choose. Flicks and Beats reserves the right to alter any price on any product hosted on the Flicks and Beats site at any time without prior consent of the artist/member; including: images,songs,videos,short clips and all other material posted to FLicks and Beats. User Warranties By becoming a member and submitting Works you warrant on behalf of yourself (and if You are a member of a group/team on behalf of each member of the group) you agree that: You have read and agree with all of our policies including our Artist Agreement, Terms and Conditions and Privacy Policy. You own or control and shall continue to own or control, for the duration of this agreement, all rights, consents, licenses and permissions necessary to submit your Works. It is your Full responsibility to provide all copyright materials for any uploaded works to FLicks and Beats before the material is posted to your account FIlm,music,logo,pictures and others. Your original Works were created solely by You and do not contain any samples or excerpts from copyrightable work. Your Work(s) do not contain violent or offensive language or deliberatly hurt or harm another. Your work(s) do not contain and will not produce any known viruses or harmful code that could damage our computer systems or data. Your work(s) will not violate or infringe on any common law or statutory patent, copyright or trade mark. The works adhere to all statements displayed within Our Terms and Conditions, Artist Agreement and Privacy Policy.
Our rights We have the right to review all Works and use our discretion to refuse to post or immediately remove any/all works for any reason any time. We reserve the right to alter and change all photographs posted by all users. We reserve the right to immediately terminate any user at any time without prior notification to user or artist. On acceptance the user/artists guarantees that all uploaded material including,pictures,film,music,clips,events and dates is free from third parties and belongs only to the user(s) posting the material.
You shall indemnify us in respect of any claims, costs, damages, expenses (including all legal fees), actions suffered or incurred by Gifted Music Limited as a result of any breach of the warranties and obligations in this legal contract/document.
We shall not be liable for: any loss of goodwill or reputation any delay in the respect of uploading, upgrading, price change, or payment; any breach of this agreement caused by acts of God, including but not limited to terrorism, fire, accident, government action, lock out, network failure, failure of power supply, strike, default or failure of subcontractor or supplier. In tort, contract, negligence, copyright or otherwise arising out of connection with this agreement for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings).Any information provided by third party companies or individuals. We are not responsible for misuse or theft of Works uploaded to the site. Account and Password Security It is your responsibility to preserve the confidentiality and secrecy of your user name and password. You will be liable for any and all transactions executed under your account. We are not responsible for changes to your profile made without your consent due to reasons beyond our control. You should inform Us immediately of any unauthorized use of your account or if you suspect someone has gained access to your user name and password.
Ownership of Works
You shall retain full ownership of your artistic content and material, which may include, but are not limited to: sound recordings, pictures, videos, song lyrics and artwork. During the term of this agreement You grant Us a non-exclusive, global right to: Publish and send your content to third party managers, agents, scouts and other industry recruiters. Make adaptations to the works so as to ensure they are in a usable format. For example, but without limitation, convert from MP3 to WMA. Use, distribute, publicly perform, broadcast and transmit the Works in whole or in part via our service(s). Make copies of the works in whole or in part in order to issue those copies to the public.
Media Downloads/Royalties We will pay/compensate you 70% commission of the Revenue within 30 days of the first of each of January, April, July and October only if the revenue generated by the artist exceeds a value of $25. If the revenue does not exceed $25, the balance will be carried over into succeeding quarter until it does reach $25.
The "Revenue" means the amount we receive for the sale of the Works less: (i) any refunds, credits, charge-backs or repayments; and (ii) all sales tax, value added tax and any similar tax for which we are liable or required to account. We shall pay fees due to music collecting societies of which You are a member. Such fees shall not be deducted from the amount We receive for the sale of the Works before the Revenue is calculated.
A detailed breakdown of all statistical and download activity will be provided with all royalty payments.
Termination
We or You may terminate this Agreement at any time without cause and without notice. If you cancel your membership you should allow at least 48 hours before your next monthly payment is due to ensure that we can cancel your subscription in time. You can cancel your membership by visiting 'my membership' within your user control panel.
Disclaimer
You acknowledge that the site may at times encounter technical or other problems and may not necessarily continue uninterrupted or without technical errors. We shall not be responsible to you or others for any interruptions, errors or problems. We reserve the right to modify, suspend or discontinue any Services on either a temporary or permanent basis, without being liable to you. The site is provided “as is” with all faults and without warranties of any kind.We have no liability for the unavailability of the site, for the loss of data, information or Works resulting from service interruptions. Limitation of liability If you have a dispute with other users of the site or with any other websites, companies or persons you access through, or as a result of Our Website, you hereby release Gifted Music Limited and all employees from claims and damages of any kind.
We reserve the right to modify our artist agreement at any time and it is your responsibility to regularly read this document to check for changes. If you continue to use the site you agree to any changes we have made to this document.
This shall constitute the entire agreement between Us and You. It shall be governed by and construed in accordance with United States of America law and any disputes arising out of or connected with it or its subject matter shall be subject to the exclusive jurisdiction of the courts of the state of Connecticut and United States Supreme Courts.
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