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Master Recording And Musical Composition Licensing Agreement
1. MASTER RECORDING AND MUSICAL COMPOSITION LICENSING AGREEMENT
This licensing agreement (“Agreement”) is hereby entered into on the day of submission by and between LA Underground Radio including its subsidiaries, designees, and assigns (collectively, the “Website”) and the undersigned musician/musical group (individually and collectively, “Artist”).
1A. License. Subject to the terms set forth herein, Artist hereby grants Website a non-exclusive, worldwide, and royalty-free license with respect to the uploaded master recordings (collectively, the “Masters”), the musical compositions embodied on such Masters (collectively, the “Compositions”), and uploaded artwork (collectively, the “Artwork”). The Masters, Compositions, and Artwork shall sometimes hereinafter be referred to collectively as the “Work.” Pursuant to such license, Website shall be permitted, without limitation, to:
(a) Host and stream the Work to third party users via the Website (including, without limitation, via mobile applications and other streaming applications or platforms), including, without limitation, abbreviated clips or samples of the Work;
(b) Modify, alter, or edit the Work at Website’s sole discretion (including, without limitation, with respect to the formatting and naming of files associated with or embodying the Work); and
(c) Utilize the Work in any Website marketing and promotion efforts.
1B. Limitations on License. Notwithstanding the foregoing, Website shall not:
(a) Create an option for Website users to download the Work;
(b) Incorporate the Work into any other copyrightable work.
(Notwithstanding the foregoing, Website shall be permitted to allow users to create customizable playlists featuring the Work alongside third party master recordings and musical compositions, and to use the Work as described in Subparagraph 1A(c) herein); nor
(c) Re-license the Work, in whole or in part, to any third party, except as permitted by the assignment provisions set forth in Paragraph 7 herein.
2. Removal. Website reserves the right, at its sole discretion and without notice to Artist, to remove, block, or delete the Work, in whole or in part, from the Website for any reason. Further, Website shall remove the Work, in whole or in part, from Website within seven (7) days of Artist’s written request.
3. Name & Likeness. Artist grants Website the non-exclusive, worldwide right to use Artist’s name (both legal and professional, and whether presently or hereafter used by Artist), likenesses, other identification, and biographical material concerning Artist in connection with the Work.
4. Consideration. For the avoidance of doubt, Website shall not pay Artist any fees, royalties, or back-end compensation of any kind in connection with the Work and the licenses and permissions granted in this Agreement. For the further avoidance of doubt, Website shall not be required to make any payment whatsoever to any performing rights organization (PRO) (e.g. ASCAP, BMI, SoundExchange) in connection with the Compositions licensed hereunder. Website’s hosting and streaming of the Work shall be deemed sufficient consideration hereunder.
5. Warranties & Representations. Artist hereby warrants, represents, and agrees that:
(a) Artist is not under any disability, restriction, or prohibition, whether contractual or otherwise, with respect to Artist’s right to execute this Agreement, to grant the rights granted hereunder, and to perform each and every term and provision hereof.
(b) Artist is the sole owner of all rights in and to the Work (or Artist has obtained any and all necessary third party licenses and permissions) and no selections, materials, ideas, or other properties furnished or selected by the Artist and embodied or contained in or used in connection with the Work will violate or infringe upon any common law or statutory right of any person, firm or corporation, including, without limitation, contractual rights, copyrights, and rights of privacy. Website reserves the right to block or remove Artist from Website if Artist is found to have violated any terms in this Paragraph.
(c) Artist agrees to and does hereby indemnify, save, and hold Website, its designees, licensees and assigns harmless from any and all damages, liabilities, costs, losses and expenses (including legal costs and reasonable attorneys' fees) arising out of or connected with any claim, demand or action by a third party which is inconsistent with any of the warranties, representations, or covenants made by Artist in this Agreement.
6. Entire Agreement. This Agreement sets forth the entire understanding between the parties hereto relating to the subject matter hereof. No modification, amendment, waiver, termination or discharge of this Agreement or of any of the terms or provisions hereof shall be binding upon any of the parties hereto unless confirmed by a written instrument signed by Website and by Artist. No waiver by Website or Artist of any term or provision of this Agreement or of any default hereunder shall affect either party’s respective rights thereafter to enforce such term or provision or to exercise any right or remedy in the event of any other default, whether similar or not.
7. Assignment. At its sole discretion, Website shall have the right to assign this Agreement, in whole or in part, to any entity or third party without the consent or approval of Artist. Artist shall not have the right to assign any part if this Agreement hereunder unless permitted by Website in writing.
8. No Partnership; Joint Venture. Nothing herein contained shall constitute a partnership or a joint venture between Website and Artist. No party hereto shall hold itself out contrary to the terms of this Paragraph, and neither Website nor Artist shall become liable for any representation, act, or omission of the other contrary to the provisions hereof. This Agreement shall not be deemed to give any right or remedy whatsoever to any third party unless such right or remedy is specifically granted in writing to the third party.
9. Severability. If any provision of this Agreement shall be held void, voidable, invalid, or inoperative, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid, or inoperative provision had not been contained herein.
10. Governing Law; Disputes. This Agreement is subject to the laws of the State of California, without regard to any conflict of law principles. Any controversy, dispute, or claim of whatever nature arising out of, in connection with, or in relation to the interpretation, performance or breach of this Agreement shall be settled at the request of any party to this Agreement by final and binding arbitration (“Arbitration”) administered by JAMS, Inc. (“JAMS”). The Arbitration
shall be conducted in Los Angeles County, California. There shall be a single arbitrator (“Arbitrator”). The Arbitration shall be administered by and in accordance with the then-existing rules of practice and procedure of JAMS Optional Expedited Arbitration Procedures (“OEAP”). OEAP are accessible from the JAMS website, www.jamsadr.com.
AGREED and ACCEPTED as of the date of submission.
5 EXHIBIT “A” This Exhibit “A” is made part of that licensing agreement (“Agreement”) entered into by and between LA Underground Radio, including its subsidiaries, designees, and assigns (collectively, the “Website”) and the submitter(“Licensor”). The submitted files and information shall constitute the list of Compositions
The parties hereby agree to the list of Compositions.
All spins are guaranteed. If we like your song we might play it more!
There you go!
FREE - 14 spins per week for 4 weeks.**
** Your song must be selected for this promotion to be valid
+ $0.99 non-refundable service fee applies.
I agree with the Non-Refundable Policy (NRP) and the Terms and Conditions (T&C) and Private Policy (PP) of the Website. I assume full legal and financial responsibility should my work contain copyrighted material and agree to pay any and all costs associated with it. I authorize Website to charge my Credit Card and recover any and all financial losses and legal expenses whether partial or in full in connection with the material I have uploaded should be proven to be in breach of copyright laws.