| POSTERS: If you wish
to have any terms which differ from those in the basic form contract or in
addition to the terms set forth in the basic form contract, please specify so
in your posting. RESPONDERS: By responding to a post, you are excepting the
terms which may be specified within that posting unless otherwise specified in
your response. Once a poster has chosen a responder, the terms established
within the posts and responses, in combination with the terms of the basic
form contract, or the default terms if no other terms are established, are
deemed to be final and binding on both parties.
When the user clicks the link, the floowing comes up:
POSTER OF REQUEST (hereinafter referred to as "the Poster") on the one hand
and RESPONDER (hereinafter referred to as the "Responder") on the other
(collectively referred to as the "Parties"), hereby agree as follows:
(a) PRODUCTION. The Poster agrees to use the material requested through the
posting only in the manner agreed to within the post. No other use is
permitted without the express authorization of the Responder. The Poster also
agrees to remit the payment agreed to within the post in exchange for use of
the material.
(b) CONTRIBUTION BY RESPONDER. The Responder agrees to provide to the
Poster material suitable for use in the manner agreed to within the post in
the event that the Poster selects the material of the Responder.
(c) RIGHTS OF RESPONDER. In the event the Poster selects the Responder’s
material, the Responder shall retain all rights, titles, and interests in and
to the following property, for distribution and commercial exploitation,
unless otherwise agreed to within the Post:
(i). The Songs;
(ii) Responder’s performance of the Songs contained in the material(s);
(iii) The title of the material(s).
(iv) The lyrics within the material
(d) LICENSE FOR USE OF NAME AND IMAGE. Upon the selection of the
Responder’s material for use in connection with the posting, the Responder
shall grant to the Poster the NON-EXCLUSIVE license to use, for the purpose
described in the posting, all names and titles associated with the material,
the Responder’s uploaded image. The Poster further retains the right to sell
the Poster’s own material which uses the Responder’s material for distribution
and commercial exploitation a percentage reverting to the Responder. IF NO
PERCENTAGE IS SPECIFIED IN THE POSTING, A DEFAULT PERCENTAGE OF 15% SHALL BE
CONSIDERED TO BE AGREED TO.
(e) COPYRIGHT. All copyrights shall be the sole responsibility of the
Responder. The Responder is further responsible for obtaining all necessary
permissions to use copyrighted materials, and to pay any fees for said use.
Such copyright shall be the sole property of the Responder.
(f) NON-EXCLUSIVITY: The Responder retains the right to enter into, with any
entity, an agreement for use of the material unless otherwise agreed to in the
posting. Any such agreement shall in no way invalidate the Poster’s right to
use the material in the manner agreed to within the posting.
(g) ASSIGNMENTS. None of the rights and obligations of either the Poster
or the Responder my be assigned unless agreed to in writing by all the Parties
or by operation of law.
(h) ROYALTIES. Unless otherwise specified in the posting or response to
the posting, the Poster is obligated to the Responder in accordance with all
Federal laws regarding royalties and royalty payments for any use of the
material which may entitle the Responder to, under said Federal laws, any
Royalty payments. Furthermore, unless otherwise specified in the posting,
said Royalty payments shall be deemed to be in the following proportions:
Poster: 50%
Responder: 50%
(i) FOR COLLABORATIVE WORK ONLY: Unless otherwise specified in the posting
or response to the posting, any and all rights and licenses to any work to
which more than one member has contributed shall belong to each member in
equal percentages. This section does not apply to any posting which is not
requesting collaboration from more than one studio or musician member.
(j) PERPETUITY: The rights of each party contained herein are deemed to be
perpetual and binding upon any person to whom the right may transfer for any
reason, unless otherwise agreed to in writing.
(k) JURISDICTION: The terms of this contract shall fall under the
jurisdiction of the home state in which the Responder resides. |