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This is an agreement about the relationship between Musoswire (us) and (you) severally and jointly, the artist, band or musical group, accepted by you by clicking the tick box on the Artist Signup page, in respect of all material submitted to us for inclusion in our website located at www.musoswire.com or www.musoswire.co.uk. The laws of England and Wales govern the agreement and by accepting the agreement, you irrevocably agree to submit to the jurisdiction of the English courts.
- In consideration of the sums payable to you and for the services provided by us, described in this agreement, you grant to us, for the term of this agreement a non-exclusive, royalty free, worldwide licence to:
- use, reproduce, distribute, broadcast, transmit, display, publicly perform, exhibit in any form your
work(s) as described in our CD Submission Form.
- distribute copies of your work(s) in the public domain.
- use, reproduce and display any existing trademarks, trade names or other marks relating to you (artist, band or musical group) and any photographs or pictures of you in any format.
- exclusively use, reproduce and display any trademarks, trade names or other marks relating to you generated by Musoswire and any photographs or pictures of you in any format produced by Musoswire.
- You grant to us on behalf of yourself and if applicable any other member(s) of the band or musical group all necessary consents under any copyright act to modify (see Para 3) or re-enact your work(s), to enable us to make the best possible use of your work(s), within the terms of this agreement but without limitation.
- In order to combat piracy of artists work, each track of each album accepted for inclusion on our website will be copied in RealAudio format and will include an overdubbed message which will occur a number of times during each track.
- Musoswire takes £3 commission per sale plus an administration charge, currently of £25, for each CD submitted. You will decide the selling price of your CD and therefore determine your share of the sales price.
- There will be no charge to users for listening to streamed overdubbed copies of your work(s). However clean (non overdubbed) copies will be distributed by us from consignment stock on your behalf at a price decided by you (shown on the CD Submission Form) or in other currencies at the exchange rate at or near the time of purchase. We will pay you the revenue we receive from sales of your
work(s) after our commission has been deducted. If at any time we choose to include any or all of your material in any promotional campaign we may for the duration of the campaign, at our discretion (but with your consent!), offer discounts to purchasers as an incentive to buy your
work(s). We will pay you the discounted revenue we receive from sales of your work(s) in such circumstances after our commission has been taken off.
The revenue payable to you will be calculated initially after 2 calendar months and then at the end of each month thereafter. We shall pay any relevant sums to you for the previous month, by cheque, within 7 days from the date due.
- You guarantee, on behalf of yourself (artist, band or musical group) and on behalf of each member of the (artist, band or musical group) that:
- the material submitted for inclusion on our website is original to you and has not been copied from any third party (except where the material is freely available within the public domain).
- you are the sole and absolute owner(s) of all rights of copyright, trademarks, and intellectual property relating to the material submitted.
- nothing has been done or has not been done which would entitle any other party or person with authority the right to, cancel, claim forfeit or force modification of the material due to intellectual property rights.
- the material submitted does not infringe upon any intellectual rights of any third party or include anything, which is defamatory of any other party or considered to be obscene.
- you (artist, band or musical group) severally or jointly are not under any exclusive contract or agreement whether verbal or otherwise and that you are not under any restriction or prohibition with respect to your right, power or authority to enter into this agreement and to grant us the rights expressed in this agreement.
- the material submitted is free from viruses and any programming routines that would interfere with computer systems or data whether detrimentally or otherwise.
- You (artist, band or musical group) severally and jointly agree to indemnify us against any claims, liabilities, damages, losses or expenses (including legal fees) suffered by us as a result of displaying your work on our site or selling your CDs or your breach of any of the clauses contained in this agreement.
- You agree that we may, at our discretion and without notice remove from our website any material submitted by you which we consider to be defamatory, obscene, infringe third party rights (whether proven or not) or in any other way breach this agreement or for any other reason deemed by us to warrant such action. We shall not incur any liability to you or any third party in respect of removing any material. If any material submitted by you and included on our website is alleged to be defamatory, obscene or infringe third party rights, contravene any laws or breach any part of this agreement, you agree without reservation to fully cooperate with us in any consequent investigation or proceeding (including court proceedings). You also agree that we may disclose any of your personal data to competent authorities in connection with such investigations or proceedings.
- Either party may terminate this agreement at any time, in writing. Upon termination we shall continue to have a right to distribute your material until all copies of each of the submitted works held in stock have been sold.
- We shall not be liable in any way for any matters arising out of, or in connection with this agreement for:
- any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special, indirect or consequential losses of any nature, whether or not the losses could have been foreseen at the date of this agreement.
- our liability to you shall not exceed the amount paid to you or accrued and payable by us under the terms of this agreement.
- we shall not be liable for any payments to any performing rights societies or copyright collecting agencies either during the life of this agreement or at anytime in the future in respect of any work(s) submitted by you.
- neither party shall be liable for failure to perform or for any delay in performing any obligation under this agreement if the failure or delay is beyond its reasonable control, including, but not limited to acts of god, war, civil commotion or industrial dispute.
- This agreement constitutes the entire and only agreement relating to any submitted material and supersedes any previous agreement. Musoswire retains the right to change the terms of this agreement at any time, and will inform Artists of any changes by email.
- Each party waives any rights to seek a remedy for:
- any misrepresentation which is not a term in this agreement; or
- any breach of warranty or undertaking, expressed or implied, statutory or otherwise; unless such misrepresentation, warranty or undertaking was made fraudulently, (except those made within the agreement).
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