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Labelagent, LLC TERMS OF USE

Highlights

By using the services of Labelagent, LLC. (Labelagent), you are agreeing to the Terms of Use of the website.
Content available on this website is protected by Copyright laws. Any links to affiliate sites are hereby governed by their own, each and individual Copyright signatures, and may or may not consist of trademarks owned by third-parties.
By uploading content to www.Labelagent.com, you are responsible for your uploaded content to not infringe upon and or does not violate any third-party intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, etc.

LABELAGENT TERMS AND CONDITIONS FOR USE AND MUSIC SUBMISSION

Effective 9 September 2008

(Please read carefully)

These Terms and Conditions for Use of Labelagent website and therefore any Music Submission is a legal agreement between you and Labelagent, a Limited Liability Corporation. Concern (hereinafter referred to as ‘Labelagent’, ‘our’, ‘us’, ‘we’) providing, among other things, the terms and conditions for your use of Labelagent’s music services ( the ‘Services’ or ‘Website services’) through the website located at www.Labelagent.com (the ‘Website’).

Read the Terms and Conditions carefully. Your use of services on the Website means you are consenting to these Terms and Conditions.

These Terms and Conditions may be modified from time to time in Labelagents sole discretion and you may not be notified. It is your responsibility to review these Terms and Conditions from time to time. You will be deemed to have accepted the Agreement as amended if you continue to upload or in any manner use any of the labelagent Website services on the Website.

Authorised Users
You represent that you have read and understood, and that you agree to be bound by this Agreement, and that you are over the age of eighteen (18) years old.

Music Submission and Licensee Grant

You may provide us with sound recordings, musical works, compositions, videos, songs, lyrics, art, visual images or other similar material (hereinafter referred as ‘Program Material’).

By submitting the above Program Material, you grant to us, a non-exclusive, worldwide, royalty-free licence to (i) reproduce for distribution purposes to professional musicians, Record Labels and otherwise, the Program Material in whole or in part (including the right to create compilations or derivative works which include your music); (ii) create and use sample of Program Material for demonstrating or promoting our or your products or services; (iii) use the name, likeness and right of publicity of any individuals represented in the Program Material in connection with your content or the content of the Website generally, and (iv) use trademarks, logos, service marks provided with the Program Material in connection with your content.

Content Use

The Program Materials contained on the Website are protected by copyright and international laws.

You cannot (i) copy store, edit, change, prepare any derivative work of or alter in any way of the tracks streamed through the Website; (ii) make the Services available over a network other than Labelagents where it could be used by others; (iii) rent, lease, sublicence, translate, reverse engineer, decompile, disassemble, modify or create derivate works based on the Website services or any portion of them; (iv) use the Website services in any way that violate the terms of this Agreement or; (v) circumvent the technology used by Labelagent or its licensors to protect content accessible via the Labelagent services.

Ownership and Copyright

Labelagent does not own the Program Material posted by third parties to the Website. All Program Material is posted by artists who represent and warrant that the Program Material does not infringe any third party’s copyright, trademark, trade-secret or other proprietary rights or moral righs.

Ownership of the Program Material continues to vest with the artists. The artists have granted a Licence to Labelagent under this Agreement.

Labelagent is not in a position to determine the ownership of the Program Material. Labelagent’s policy on ownership rights is, for the parties alleging mis-use of content / Program Material, to directly resolve it between the parties.

Labelagent on written notification of alleged infringement of any content / Program Material, shall at its own discretion remove the allegedly infringing content / Program Material from the Website.

Termination

This Agreement will remain effective until terminated by Labelagent in writing.

Representation and Warranties

On all Program Material you submit to us, you represent and warrant that (a) the content is your own and or your band’s own original work, and contains no sampled material; (b) you have full right, eligibility and authority to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement; (c) the content does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral 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, trade 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) all factual assertions that you have made and will make to us are true and complete. You agree to indemnify and hold us and our customers 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. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement. We, our customers, and our licensees shall not be required to make any payments with respect to material that you submit to our Website under this Agreement, including but not limited to payments to third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds.

Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LABELAGENT MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR SUBMITTED MUSIC WILL BE HEARD AND OR CONSIDERED BY ANY PROFESSIONAL MUSCIAN AND OR RECORD LABEL IN REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, LABELAGENT MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. LABELAGENT WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL LABELAGENT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW.

Liability and Indemnity:

By availing yourself of the Website, Materials or related services, you agree to release and hold Labelagent and the employees, officers, directors, shareholders, agents, representatives, associates of Labelagent (the ‘Labelagent Affiliates’)harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Labelagent that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold Labelagent Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL LABELAGENT BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF LABELAGENT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General Terms

You agree to comply with all applicable laws in relation to the Services of this Webiste.
You shall use the Website for lawful purposes only.
You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Labelagent or its Affiliates may present advertisements or promotional materials via the Website. Your dealings with, or participation in promotions of any third party advertisers via the Website are solely between you and such third party.

If any provision of ths Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

PRIVACY

Registration
To use the Website services, you have to be registered and provide your name, email address and other details. Your personal information IS NOT USED in any manner except to , when necessary, contact the user for credit card verification and or Royalty Negoitiations, or customer satisfaction purposes. Labelagent is committed to protecting your privacy and ensuring you have a positive experience on our website.

Collection of your personal information:

We do not sell or rent your personal information to third parties for marketing purposes unless you have granted us permission to do so.

We may share your personal information with authorized third-party agents and or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping / courier company. We will share only minimum amount of personal information necessary to complete the requested service or transaction.

We may respond to sub-poenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.

While navigating Labelagent’s website you may be directed to content or function of some advertisers or website that have links to our site and may collect personal information. Labelagent does not control the collection or use of such personal information. We encourage you to review the privacy policies posted on those websites. We use third-party advertising companies to serve ads when you visit our website.