Music Submission Form - RADIO230

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Music Submission Form

Radio230 Music Submission Form
AGREEMENT between Radio230 and the artist
  1. By submitting music to Radio230, and in consideration of the opportunity to have your music included on Radio230, you accept and agree to be bound and abide by the following terms and conditions: You irrevocably grant to Radio230 a non-exclusive, royalty free, and perpetual (for the duration of the applicable right) license, throughout the universe, to reproduce and publicly perform, display, publish, modify, create derivative works from, or otherwise use, in any manner or medium known or existing in the future, any music, sound recording(s), content, or other materials provided by you to Radio230, including copyrighted materials and name(s), likenesses, images, trademarks, service marks, logos, designs, voice, performances, biographical material, and other publicity rights (individually and collectively, the “Music Submissions”) in connection with Radio230 and the marketing, advertising, or promotion of Radio230. Without limitation, Radio230 shall have the right to include the Music Submissions in programming broadcast or otherwise transmitted by Radio230 on Radio230’s radio station and business establishment music service, including in connection with digital transmissions over the Internet. Notwithstanding the foregoing, Radio230 shall have no obligation to use, and Radio230 reserves the right at its discretion to use or not use the Music Submissions. You represent, warrant and agree that (a) Radio230’s use of the Music Submissions does not, and will not, violate any right of, or conflict with or violate any contract or commitment made by you to or with, any person or entity, and that no consent or authorization from any third party is required for Radio230 to use the Music Submissions; (b) no materials, ideas, or other property contained in the Music Submissions or any use thereof by Radio230 violate any law or infringe upon or violate the rights of any third party (including contractual rights, copyrights, trademarks, rights of publicity, rights of privacy, and rights or laws with respect to defamation or obscenity); (c) without limiting the foregoing, in the event any individual is associated with you in connection with the Music Submissions whether as a band, songwriter, or otherwise, you have all rights and other authorizations from such person necessary to grant the rights hereunder to Radio230; (d) Radio230 has no obligation to make any payments of any nature to you, or to any other party (including, without limitation, SoundExchange or other royalty collection organizations), in connection with Radio230’s use of the Music Submissions; and (e) you are over the age of eighteen (18). Notwithstanding the foregoing: You may submit as Music Submissions your original recordings of cover songs provided that (i) your recordings contain only original performances by you (and/or your band members who have authorized the submission hereunder) and do not include any samples or other excerpts of any sound recording(s) not controlled by you; (ii) you have secured all appropriate mechanical or other reproduction rights from the applicable owner or administrator of the underlying songs/musical works; and (iii) the public performance rights for the underlying songs/musical works are administered by SACEM (a “PRO”); and If you are affiliated with a PRO, you may collect any applicable royalties from such PRO to the extent that the Music Submissions include original songs/musical works authored, or controlled, by you; provided, however, that Radio230 shall have no obligations to you with respect to such royalties, and as between Radio230 and a PRO, you shall look solely to the PRO for payment of any such royalties. You (and your representatives, heirs, executors, administrators, affiliates, successors, assigns, and any other person or entity claiming by or through you), hereby expressly, absolutely, unconditionally, irrevocably, and forever waive, release, acquit, discharge, and covenant not to sue and agree to indemnify and hold harmless Radio230 and its affiliates, licensees, designees, agents, successors, and assigns, and each of their respective affiliates, licensees, designees, agents, successors, and assigns, and the respective employees, officers, directors, agents, contractors, partners, shareholders, representatives, and attorneys of each and all of the foregoing, from and against any and all liabilities, claims, demands, actions, suits, damages, expenses, costs (including attorneys’ fees), obligations, or losses, resulting from any existing or future claims of any kind which you or others have or may have under any theory under the law, whether common, constitutional, statutory, or other, of any jurisdiction, foreign or domestic, whether in law or in equity, whether known or unknown, by reason of any and all matters arising directly or indirectly out of any claim, demand, or action which is inconsistent with any of the warranties, representations, or covenants made by you in this Music Submission Agreement, or Radio230’s use of the Music Submissions as authorized hereunder.

  1. I Accept