User Terms and Privacy Statement

Artist Terms and Conditions

Artist Terms and Conditions
March 2009
As an Artist selling products on www.MyTuneRox.com, a website provided by My Tune Rox Limited, you agree to the following:
General
1. It is the parties’ intention that this is a legally binding agreement.
2. Digital audio files must be uploaded in MP3, WAV or WMA format and the music you submit is of broadcast quality.
3. Material submitted will not be protected by DRM (Digital Rights Management) at this time. My Tune Rox Limited will accept no responsibility for any piracy or interference by a third party or individual to any of the material uploaded.
4. My Tune Rox Limited fosters and encourages start up and independent music and bands. We welcome bands that are signed to music labels. If you are signed with a record label, you hereby confirm that your membership of www.MyTuneRox.com does not breach or conflict in any way with your agreement with your record label. Should you sign with a record label, you will notify My Tune Rox Limited immediately and, if required, remove your material from the website. My Tune Rox Limited is not responsible for the removal of your material, and you hereby confirm that full liability rests with you for any downloads or sales of your products during the period of signing and the period of removal of the material.
5. If you sign to a record label as a result of your membership of www.MyTuneRox.com, you allow My Tune Rox Limited to advertise and publicise this fact in any of our marketing and promotional work, including (but not limited to) advertising, press releases, interviews and any other media broadcast.
6. My Tune Rox Limited reserves the right to feature content you upload to our servers (including but not limited to photos, text or music) in any material for the purpose of promoting you, your music, your band, www.MyTuneRox.com and any other website under the control of My Tune Rox Limited.
7. My Tune Rox Limited reserves the right to make changes to these terms and conditions in the future. You will be notified of all changes by email from My Tune Rox Limited. Your continued membership of www.MyTuneRox.com shall constitute acceptance of the revised Terms and Conditions. If you do not agree, with the revised terms, you may remove your material from the site and this agreement will immediately come to an end.
8. You confirm that My Tune Rox Limited may waive, on your behalf, any performance royalties on the material for airplay on internet, satellite, or other radio, for the purpose of promoting www.MyTuneRox.com, you, your band, or your music.
9. Images submitted will be optimised and resized in order to conform to our website design. Every effort will be made to present images as submitted by you. Any omissions made must be reported by you to www.MyTuneRox.com.
10. From time to time, My Tune Rox Limited may run competitions, promotions and download races. You agree to be bound by the rules of these events and consent that My Tune Rox Limited may pass your details on to sponsors, partners or promoters involved in running the event. My Tune Rox Limited reserves the right to enter all artists into free competitions.
11. You agree that your material can made available for sale under different domain names and in different jurisdictions.
12. My Tune Rox Limited cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by factors and situations outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
13. My Tune Rox Limited 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.
14. My Tune Rox Limited will not pass on the details you submit to any third party unless outlined elsewhere in these Terms and Conditions or as obligated under Irish law.
15. Should there be a significant change of ownership within My Tune Rox Limited, the terms of this contract shall automatically continue. My Tune Rox Limited reserves the right to assign this agreement and the rights and obligations hereunder without further notice.
16. Breach of any of the Terms or Conditions outlined on this page will result in the removal or your account and material from all systems and the www.MyTuneRox.com website. You agree that My Tune Rox Limited may disclaim all liability incurred by you in this event.
Ownership of Materials and Intellectual Property
17. You agree that you hereby grant to My Tune Rox Limited a non exclusive license to any material you upload.
18. You confirm that you are the rightful owner of the material submitted or are acting with the consent of the rightful owner.
19. At all times you shall retain full ownership of the material and accept that the right to make available copyrighted material owned by you to the public is retained by you and not transferred to www.MyTuneRox.com or My Tune Rox Limited. You further agree and confirm that this right is not being exploited by www.MyTuneRox.com or My Tune Rox Limited.
20. It is your responsibility to ensure that all appropriate copyright licenses are available in respect of all your recordings. You will keep My Tune Rox Limited fully and effectively indemnified from and against all claims, demands, actions and proceedings which may be made or taken against My Tune Rox Limited and all costs and expenses (including but not limited to all legal fees) properly incurred by My Tune Rox Limited in resisting or dealing with any claim, demand, action or proceeding arising out any such situation.
21. By accepting this agreement and/or submitting any material, you confirm and warrant to My Tune Rox Limited that you are of legal age and capacity to enter into binding contracts and have all rights, approvals and/or consents necessary to submit the material on the terms provided herein.
22. You hereby warrant and represent that you have received all necessary permissions from other individuals, licensing agencies or companies who have an interest in your work to permit My Tune Rox Limited to use the material and other rights provided herein.
23. You further represent and warrant to My Tune Rox Limited that the compositions, designs, logos, recordings, lyrics and other materials contained in the material are original, created only by you and do not otherwise infringe on the rights, including copyright, of any other individuals or companies.
24. You also guarantee that the material does not violate any laws nor is it defamatory, libellous, pornographic or obscene.
25. You also guarantee to My Tune Rox Limited that the material will not contain any 'viruses' or other information which may damage or otherwise interfere with My Tune Rox Limited’s computer systems or data or that of our associates or members.
26. You shall be fully responsible for any violation of your agreements including the guarantees and warranties made to My Tune Rox Limited under this paragraph and shall indemnify My Tune Rox Limited and its customers from any damages and costs, including but not limited to all legal fees reasonably incurred, arising from such violations.
27. You shall sign and deliver to My Tune Rox Limited any additional documents that My Tune Rox Limited may request to confirm My Tune Rox Limited’s rights under this agreement.
Payment
Payment to Non-Licensing Agency Members and Licensing Agency Members
28. Non Licensing Agency Members
My Tune Rox Limited shall deduct 20% net from all transactions. Artist will receive 80% net of all monies from downloads and transactions of their material, less the deduction of PayPal processing plus any other agreed deductions. Artists shall refer to their PayPal agreement for details of the processing fees, details of which can be found on the PayPal Website. My Tune Rox Limited shall not be held liable or responsible for any PayPal deductions or processing fees. Payment will be made every quarter provided that there is a balance of €10.00(Eur) or more in their account by My Tune Rox Limited to the nominated PayPal Account. A request for payment may be made at any time. Once a minimum sales level is reached, www.MyTuneRox.com will contact you and request that you make a payment request. Currently, this level is set at €10.00.(Eur)
Licensing Agency Members
My Tune Rox Limited shall deduct 20% net from all transactions. Artist will receive 80% net of all monies from downloads and transactions of their material less any fees for which www.MyTuneRox.com is liable arising from your membership of any Licensing Agency who is entitled to collect royalties in a jurisdiction in which www.MyTuneRox.com operates, together with any other agreed deductions. Payment will be made when Artist’s sales are in excess of €100.00(Eur) by My Tune Rox Limited to the Licensing Agency in the method agreed between My Tune Rox Limited and the relevant Agency.
Other Payment Matters
29. You hereby agree that €1.00(Eur) from your first earnings from the www.mytunerox.com site shall be deducted as a once off fee to My Tune Rox Limited for the cost of running, maintaining and future development the www.mytunerox.com site.
30. My Tune Rox Limited will give the entire royalty rate (that is, 100% net) from all track downloads to the first 500 Artists to register with the website, less any agreed deductions as per this agreement. Please note that this applies to track downloads only, and does not apply to sales of other material by the artist including, but not limited to, singles, albums and other physical materials.
31. Artists shall receive 20 % net share of all advertising revenue generated by www.MyTuneRox.com provided that they make five or more sales per calendar month. The monies shall be transferred to the Artist’s nominated paypal account at the end of the calendar year.
32. My Tune Rox Limited accepts no responsibility for any error on the part of PayPal.
33. My Tune Rox Limited shall have no responsibility or liability any tax matters relating to the Artist. All tax matters and deductions that arise shall be the responsibility of the Artist.
Refunds
34. My Tune Rox Limited will facilitate contact between downloader and yourself so that a suitable arrangement can be made where a refund is necessary. However, please note that My Tune Rox Limited accepts no responsibility for refunds and will not enter into any correspondence with any party in this regard. This does not affect the statutory rights of members.
Removing your material.
35. You may cancel this agreement at any time. To do so, you must email CancelMembership@www.MyTuneRox.com. Once received, www.MyTuneRox.com will proceed to remove your material from our servers. We are not responsible for any copies of your material which may have been purchased from our site before removal.
Miscellaneous
36. If a dispute and/or claim arises, www.MyTuneRox.com reserves the right to remove such song from the www.MyTuneRox.com website until such time as a resolution has been reached by the disputing parties. www.MyTuneRox.com is not in a position nor has the authority to resolve any claims and/or disputes.
37. Should any dispute arise concerning this agreement, Irish law shall apply and all legal proceedings, if any, shall take place in Ireland.
38. Nothing contained herein shall constitute a partnership or joint venture agreement between you and My Tune Rox Limited.
39. If any provision in this Agreement is deemed to be, or becomes invalid, illegal, void or unenforceable under applicable laws, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the parties under this Agreement, it will be deleted, but the validity, legality and enforceability of the remaining provisions of this Agreement shall not be impaired or affected in any way.
40. Should you breach any of the provisions contained herein, this agreement shall become null and void, and you will remove all your material from the site immediately. All outstanding monies owed, less any reasonably incurred costs, including but not limited to legal costs, will be transferred to you by Paypal at the end of the next three month payment period, or, where relevant, to the nominated Licensing Agency .
Disclaimer
41. You understand that the operation of www.MyTuneRox.com may encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. My Tune Rox Limited shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the www.MyTuneRox.com service. There are no assurances whatsoever that any of the material shall actually be utilised on the www.MyTuneRox.com site or if so utilised continue to be available for any particular time. The www.MyTuneRox.com website 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. Unauthorized access to www.MyTuneRox.com is a breach of these terms and a violation of the law.
42. You agree not to hold My Tune Rox Limited responsible for suspension or discontinuance of www.MyTuneRox.com.