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WWW.TOMORROWSTUNES.COM SUBMISSION AGREEMENT
Although we have attempted to outline below in straightforward English the terms on which submissions to www.TomorrowsTunes.com ("TT") will be accepted, please be aware that these terms if accepted by you create a binding legal agreement between you and TT which significantly affects your rights. We strongly urge that before accepting these terms you print out a copy and review it with your solicitor/attorney, manager and other representatives and if you have no such representatives that you seek other independent qualified guidance. We reserve the right to make changes to the Submissions Agreement in the future, although these changes would not apply to you unless you accepted the revised terms.
The basic submission terms which will constitute our agreement if you accept by clicking the "I ACCEPT" box or submit any material to TT are as follows:
1. TomorrowsTunes Rights.
Any sound recordings, musical and/or vocal works, pictures, videos, song lyrics and/or other materials (collectively the "Material") submitted by you shall be available for us to use on a non-exclusive basis anywhere and everywhere throughout the universe without any payment to you. We will not sell or license your music to others (making your music available to visitors of our site shall not be considered a sale or license), but TT will be authorized to reproduce, distribute, publicly perform, publicly display and digitally perform and/or distribute the Material in whole or in part, alone or together with other material.
TT shall also have the right to use the Material for the purpose of promoting TT products and services and to use the name, likeness and biographical material and any logos, marks or trade names of you or any individuals performing or otherwise represented in the Material or the artist or band included or referred to in the Material without any payment to you or any other persons or companies.
2. Ownership of Materials.
At all times you shall retain full ownership of the Material while granting to TT the following non-exclusive rights: By accepting this agreement and/or submitting any Material, you are guaranteeing to TT that you are of legal age to enter into contracts (you're not a minor) and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein.
You also guarantee that no permission is required from any other individual or company for us to use the Material and other rights provided herein. You further guarantee to TT that the compositions, recordings, lyrics and other materials contained in the Material are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies. Although we're big believers in free expression, you also guarantee that the material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene. Finally, you guarantee to TT that the material will not contain any "viruses" or other information which may damage or otherwise interfere with TT computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to TT under this paragraph and you shall indemnify us and our customers from any damages and costs, including reasonable attorney’s fees, arising from your breach. You shall sign and deliver to TT any additional documents that TT may request to confirm TT's rights under this agreement.
3. Terms of Use.
TT shall from time to time publish on the TT site its policies concerning the service and content to be submitted and you agree to comply with those policies. TT shall have the right to review your material and in its discretion edit, alter, decline to post or remove any of the material for any reason.
4. Disputes.
You represent that you own rights, titles and interest to all songs that you upload to TT. If a dispute and/or claim exist there from, TT reserves the right to remove such song(s) from the TT website until such time as a bonafide resolution has been reached by the disputing parties. TT is not in a position nor has the authority to resolve any claims and/or disputes there from. We will not be your referee.
5. Disclaimer.
You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and TT shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the TT service. There are no assurances whatsoever that any of the material shall actually be utilized on the TT site or if so utilized continue to be available for any particular time. The TT site may be discontinued at any time, with or without reason. If for any reason any part of this agreement violates any law or would otherwise be void, this agreement shall be deemed amended to the minimum amount necessary to make it lawful and enforceable.
6. Cancellation.
If you haven't submitted your song(s) to enter the www.TomorrowsTunes.com contest for review and chart placement, you are free to cancel this agreement at any time. Upon your emailed request to Graeme@tomorrowstunes.com being received by us, we will proceed to delete your song from our system. We are obviously not responsible for any copies of your song that may have been downloaded from our site before we removed your material.
7. Miscellaneous.
In the event of any dispute concerning this agreement British law shall apply and all legal proceedings, if any, shall take place in Great Britain.
8. Music Sales.
TT will not receive any fee from the sales of audio and/or video tracks, but reserve the right to compile a compilation album of audio and videos tracks, of which will donate proceedings to charities annually.
9. Copyright.
TomorrowsTunes.com takes no responsibility for copyright of musicians music and advises copyrighting music before making it available for the public.