Terms of Service and User Agreement
Version: July 1, 2013
This Terms of Service Agreement (“Agreement”) describes the legal relationship between you (an individual, representing yourself, or if applicable, acting as legal representative for a band, group, company or other legal entity) (“Member”, “you,” “your,” and/or “Rights Holder” is applicable) and SaskMusic in regards to the SaskMusic Music2Media distribution project (“M2M”).
By providing material for the SaskMusic Music2Media distribution project (M2M), YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The following terms shall have the following meanings for purposes of this Agreement:
A. “Artwork” means album cover artwork and any other artwork relating to content that Member provides to M2M.
B. “Digital Masters” means copies of Member content in digital form, which M2M may deliver through digital download, streams or burns, as individual tracks or as a whole album, pursuant to the terms and conditions of this Agreement.
C. “Rights Holder Content” means sound recordings and underlying musical compositions that Member has made available to M2M for digital delivery in accordance with this Agreement. Any sound recordings and the underlying musical compositions that are provided by or on behalf of Member to M2M must be owned or controlled by Member and/or have been cleared by Member.
You must be at least 19 years of age to participate in M2M. If you are between the ages of 13 and 19, you may participate with the consent and involvement of your parent or legal guardian. By participating, you represent and warrant: (i) that you are at least 19 years of age or (ii) that, as parent or guardian, you agree to this Agreement and authorize your child who is between the age of 13 and 19 to participate in M2M, subject to your responsibility for their conduct.
Under this agreement, the Member will provide specific material to SaskMusic which will be placed on a dedicated folder on the SaskMusic Box cloud server for the purposes of distribution to accredited media and music industry professionals (“Recipients”). Member acknowledges that any items provided (or self-uploaded by artist), as well as Member contact information provided for this agreement, may be freely provided to these Recipients. Member further acknowledges that these Recipients may then review and freely use these materials in the same manner as if the artist had provided a physical CD and press kit to these Recipients.
Member warrants that he/she has the right and authority to provide these materials on behalf of the artist, photographer, graphic designer and any/all other rights holders involved in producing the material, and that by providing same, does not infringe upon on any person’s rights.
Member further warrants that by participating in the M2M project, Member is directing SaskMusic to digitally distribute any items provided to SaskMusic to the Recipients, so that Recipients may view, stream, download and/or burn, as individual tracks or as a whole album, the materials for their own professional use.
The Member is responsible for ensuring that all necessary clearances and licenses for the material being provided to SaskMusic have been obtained by the Member. Specifically, Member shall be responsible for any royalties, fees and/or sums payable with respect to the Member Content, Artwork, metadata and other materials provided by Member.
Member represents and warrants that it has full authority to enter into this Agreement and that its grant of rights, licenses and permissions herein for the Member Content and Artwork, and that the exercise of such rights, licenses and permissions by M2M shall not violate or infringe the rights of any third party.
Participation in the M2M project is one benefit of membership in SaskMusic. Should an artist voluntarily withdraw or be removed from M2M at the discretion of SaskMusic, should the M2M project be terminated, or should the project technology malfunction in any way that causes a disruption of M2M’s intended purpose, no refund of membership fees shall be due to the Member.
You agree to defend, indemnify, and hold SaskMusic and its directors, officers, employees, agents, and affiliates harmless from all claims, losses, damages, obligations, and costs (including without limitation reasonable attorney fees and expenses), arising from or related to (i) your participation in the M2M project (ii) your violation of any third party right, including without limitation any copyright, property right, or privacy right; or (iii) any claim that any Digital Master, sound recording or Member Content, Artwork, metadata or any other materials provided or authorized by or on behalf of Member hereunder or SaskMusic or the Recipients’ use thereof violates or infringes the rights of another party. This defense and indemnification obligation will survive your participation in the M2M project and any termination of this Agreement.
SaskMusic makes no warranties as to the effectiveness of a Member’s participation in the M2M project and a Member’s participation the M2M project should not be considered an endorsement of any specific artist or content.