band administration

The normalmusic.com Music License Agreement

1. License Grant. You hereby grant to us, and by the act of delivering to us sound recordings, musical performances, musical compositions and/or other material (such as pictures, videos, song lyrics, etc.) ("Material") grant to us, a nonexclusive, worldwide, irrevocable, royalty-free license to: (a) reproduce, distribute, publicly perform, publicly display, modify as necessary for the purposes of this agreement, synchronize in time with moving images, and digitally perform the Material in whole or in part (including the right to create compilations on the website which include your songs); (b) create and use samples of the Material for the purpose of demonstrating or promoting our or your products or services; (c) use any trademarks, service marks or trade names incorporated in the Material in connection with your material; and (d) use the name and likeness of any individuals represented in the Material in connection with your Material. This license will apply to television, radio, the Internet and any other media whether now known or hereafter developed. You acknowledge that our users may copy and download the Material through our website.

2. Ownership. You retain ownership of the copyrights and all other rights in your songs, subject to the non-exclusive rights granted to us under this agreement. You are free to grant similar rights to others during and after the term of this agreement.

3. Representations and Warranties. You represent and warrant that (a) the Material is your and 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 Material does not and will not infringe on any third party's copyright, patent, trademark, trade secrets, proprietary rights of publicity or privacy, or other legal rights, (d) the Material does not and will not violate any law, statute, ordinance or regulation, (e) the Material is not and will not be defamatory, libelous, pornographic, or obscene, (f) the Material does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data, (g) you own or have secured all rights necessary to allow us to exercise our rights under this agreement without us having any obligation to pay or enter into any royalties, compulsory licenses, or other obligations; (h) you will comply with any obligations that you may have under separate contractual agreements, including but not limited to third party mechanical rights, performance rights and distribution agreements; (i) all factual assertions that you have made and will make to us are true and complete; and (j) you are over 18 years old. You agree to indemnify and hold us, our affiliates, employees, and agents, and our users 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. We have the right to select counsel of our own choice. You agree to execute and deliver documents to us, upon reasonable request, that evidence or effectuate our rights under this agreement. We reserve the right to remove any material at any time, in its sole discretion.

4. No Obligation to Post. We are not required to publicly perform, distribute, transmit, post, synchronize in time with moving video images, or reproduce your Material in whole or in part, under this agreement.

5. Disclosures. We make no warranties or representations of any kind with regard to our website or any products or services, express or implied, arising by law or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising out of course of performance, course of dealing or usage of trade. We do not warrant that our website or products will be error free, function without interruption or that any errors will be corrected. If, as a matter of law, we may not disclaim any warranty, the scope and duration of such warranty will be the minimum permissible under applicable law. We provide our products and services related to this agreement "AS IS." We have no responsibility for any use of any material by any user of our website.

6. Determining Type of Content and Good Faith Errors. We will implement and maintain business practices that enable us to categorize content that you deliver to us. If we make any error in good faith, or exceed our license rights in any way, your sole and exclusive remedy will be for us to take all reasonable steps to correct the error as soon as we become aware of the error.

7. Waiver of Certain Damages. EXCEPT FOR A BREACH OF SECTION 3, NEITHER YOU NOR US WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT.

8. Miscellaneous. This agreement will be governed by Oklahoma law without reference to conflict of laws principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in Oklahoma, and we both irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings). This agreement (supplementing the User Agreement) sets forth the entire understanding and agreement of the parties as to this agreement's subject matter and supersedes all prior or contemporaneous proposals, discussions or agreements with respect to such subject matter.