THIS LICENSE AGREEMENT is entered into by and between BuzzardBucket.com., 3001 Ponce de Leon Blvd Suite 201, Coral Gables FL 33134("BuzzardBucket"), and you. We here at BuzzardBucket.com strive to be clear. Our lawyers wrote this Agreement, because that's what they do. But we told them to keep the hereinafters and wherefores to themselves. So here goes.
As you read this, the most important thing to remember is that YOU CAN TERMINATE THIS AGREEMENT AT ANY TIME. In other words, if you want out, you're out -- completely. Upon termination, we will retain no rights to your content. No kidding. Just send us an email and give us a few days to remove your uploaded materials. The idea here is to promote your career, not restrict it. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.
A. The reference to "you" in this Agreement shall mean you, and if you are in a group, then it means each member of the group or the group as a whole. The same goes for "your" and "yours."
B. BuzzardBucket.com means BuzzardBucket.com and its successors, assigns, agents, distributors, dealers, and licensees.
C. BuzzardBucket's Web site means the Web site or Web sites owned by BuzzardBucket.com, or maintained on BuzzardBucket.com's behalf, through which digital music content is available.
D. "Artist Content" means
(i) sound recordings of your vocal and/or instrumental performances,
(ii) the musical works (i.e., songs, lyrics) embodied in those recordings and works, and
(iii) your name(s), trademarks, tradenames, likenesses, photographs, biographical materials, artwork, liner notes, and other graphical or textual material that you upload to BuzzardBucket.com's Web site.
E. "Digital Phonorecord Delivery" is a strange term, but it is used in the U.S. Copyright law, and in this Agreement, to mean each individual delivery of a phonorecord by digital transmission of a sound recording which results in a specifically identifiable reproduction by or for any transmission recipient of a phonorecord of that sound recording by any means now known or hereafter devised. This is just the complete legal way of describing a digital download of a recording in the form of, for example, an MP3 file.
F. "Digital Streaming Transmission" is a digital transmission of a sound recording where a copy of the recording is not made by or for the transmission recipient, as, for example, a webcast.
G. For the definitions of "sound recording," "audiovisual work," and other useful definitions of words and phrases used in this Agreement, please visit the U.S. Copyright Law
1. Grant of License.
This section of the Agreement is divided into three parts. The first concerns your providing BuzzardBucket with permission to post your Artist Content on the BuzzardBucket.com Web site. The second concerns the use of your name, trade name, trademark, photograph, likeness, biography and other material for the purpose of promoting your Artist Content. The third makes it clear that you remain the owner of anything you submit to BuzzardBucket including the copyright in the Artist Content; all you are providing to BuzzardBucket is permission to do certain things, and that permission may be revoked by you at any time as specified below under "termination."
1.1. Artist Content. You hereby grant to BuzzardBucket permission, on a non-exclusive basis, throughout the world, to do the following things:
(a) to prepare and encode Artist Content, or any portion thereof (including 30-second sound clips), for Digital Transmission, and the making of Digital Phonorecord Deliveries, in any format (e.g., Real Audio, MP3, etc.), 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 Content), exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital), including Digital Streaming Transmission and Digital Phonorecord Delivery, electronically publish and synchronize with visual images any or all of the Artist Content, 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 and
(c) to create Custom Compilations containing the Artist Content and to distribute them by any and all means and media now known or hereafter devised, including but not limited to standard audio-only compact discs and audio-only cassettes manufactured primarily for home entertainment.
1.2. Name and Likeness. You hereby grant to BuzzardBucket permission, on a non-exclusive basis, throughout the world, to use your name(s), group name, approved photograph and/or likeness(es) and approved biographical materials solely in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Content and the BuzzardBucket Site. You also agree not to assert any privacy, publicity, moral or similar rights held by you (and any other person(s) whose performances are embodied in the Artist Content) under the laws of the United States and any other country in connection with the exploitation of such materials.
1.3. Reserved Rights. You shall at all times retain all right, title and interest in and to the Artist Content provided by you hereunder, including, without limitation, the copyrights therein and thereto.
Unless otherwise agreed between you and BuzzardBucket in writing, the permission granted above to BuzzardBucket for the distribution of Artist Content under this Agreement shall be royalty free, as long as BuzzardBucket does not charge a fee for such distribution.
You may terminate the grant of rights set forth above at any time by so notifying us in writing or by email addressed to info@BuzzardBucket.com. Upon such termination, the permissions listed in the grant of rights section above shall terminate upon our actual receipt of such notice, provided that
(a) BuzzardBucket shall have a up to thirty (30) days to promptly remove the Artist Content from the BuzzardBucket Web site, and
(b) the parties agree to cooperate in providing an orderly termination of their relations. BuzzardBucket may terminate the grant of rights above at any time by notifying you by email to the e-mail address, which you supply to us. BuzzardBucket has no obligations to review, edit or monitor any Artist Content or Artist Merchandise, and reserves the right to cease offering any Artist Content at any time without notice.
4. Artist Warranty.
You represent and warrant that
(a) the Artist Content is your or your band's own original work, and contains no sampled material,
(b) you have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement,
(c) the Artist Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights
(d) the Artist Content does not and will not violate any law, statute, ordinance or regulation;
(e) the Artist Content is not and will not be defamatory, trade libelous, pornographic or obscene,
(f) the Artist Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data,
(g) all factual assertions that you have made and will make to us are true and complete, and
(h) if any member of your group is a minor, you hereby warrant that you have 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. You shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Artist Content, including but not limited to any applicable union and/or guild payments, "sample" or "replay" licenses or payments, and mechanical, synchronization or public performance royalties. You agree to indemnify and hold us and our customers harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement. These warranties shall survive any termination of this agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BuzzardBucket DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
(1) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE BuzzardBucket SITE, AND
(2) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE BuzzardBucket SITE AND ANY SERVICES PROVIDED BY BuzzardBucket HEREUNDER. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. No Liability For Consequential Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BuzzardBucket BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE BuzzardBucket SITE, EVEN IF BuzzardBucket HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. No Liability for Mistake.
BuzzardBucket will make good faith efforts to make Artist Content available in accordance with your instructions. However, recognizing the complexities of operating automated systems, from time to time, we may incorrectly categorize Artist Content. Should BuzzardBucket make such an error, then upon notice from you BuzzardBucket will take all commercially reasonable efforts to promptly correct it, that being your sole and exclusive remedy, it being understood that BuzzardBucket shall not be responsible for consequential or other damages.
8. Other Terms Our Lawyers Asked Us to Include.
These terms are also important, but they are also more lawyerly. If you have any questions about any of these terms, please seek independent legal advice.
8.1. Choice of Law and Forum. This Agreement is governed by the laws of the United States and the State of Washington, without reference to conflict of laws principles. Any dispute between you and BuzzardBucket regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the City of Seattle, Washington.
8.2. Waiver of Injunctive Relief. Your sole remedy for a breach of this Agreement by BuzzardBucket shall be an action at law for money damages, if any. You hereby waive any right to, or to seek, injunctive or other equitable relief in connection with any breach or alleged breach of this Agreement by BuzzardBucket.
8.3. Amendment in Writing. This Agreement may not be amended unless an officer of BuzzardBucket has approved and signed such an amendment in writing.
8.4. Intellectual Property Notices. You shall be solely responsible for providing all copyright notices and other legal notices in connection with the Artist Content.
8.5. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
8.6. Entire Agreement / Integration. This Agreement is the entire agreement between you and BuzzardBucket and supersedes any other communications or advertising.
8.7. Advice of Counsel Acknowledged. You represent that you have carefully read this agreement, that you understand its contents, and that you have had an opportunity to seek independent legal advice with respect to the review and advisability of entering into this Agreement.
I AM OVER THE AGE OF 18, HAVE AUTHORITY TO SIGN FOR THE BAND, HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE BuzzardBucket PLAIN ENGLISH ONLINE MUSIC SUBMISSION AGREEMENT.
What information do we collect?
We collect information from you when you register on our site.
When registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, or phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience (your information helps us to better respond to your individual needs)
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To administer a contest, promotion, survey or other site feature
To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
Note: If at any time you would like to unsubscribe from receiving future emails, You may update your preferences in your profile at anytime in order to control what emails and other communictaion you receive from us. If that does not completely satisfy your issue, simply contact us using the appropriate link in the main menu of the website..
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their profile and using any of the edit links near the appropriate piece or pieces of information. The only things that cannot be changed are birth dates. This site does NOT allow users under the age of 18 to subscribe to the site.
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.