Music Submission Agreement
Revised as of February 28, 2017
By submitting music to Imurj, and in consideration of the opportunity to have your music included on Imurj Radio, you accept and agree to be bound and abide by the following terms and conditions:
- You irrevocably grant to Imurj 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 Imurj, 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 Imurj Radio and the marketing, advertising, or promotion of Imurj. Without limitation, Imurj shall have the right to include the Music Submissions in programming broadcast or otherwise transmitted by Imurj on Imurj’s radio station and business establishment music service, including in connection with digital transmissions over the Internet. Notwithstanding the foregoing, Imurj shall have no obligation to use, and Imurj reserves the right at its discretion to use or not use the Music Submissions.
- You represent, warrant and agree that (a) Imurj’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 Imurj to use the Music Submissions; (b) no materials, ideas, or other property contained in the Music Submissions or any use thereof by Imurj 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 Imurj; (d) Imurj 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 Imurj’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 ASCAP, BMI, or SESAC (each 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 Imurj shall have no obligations to you with respect to such royalties, and as between Imurj 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 Imurj 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 Imurj’s use of the Music Submissions as authorized hereunder.
- This Music Submission Agreement has been entered into in the state of North Carolina and its validity, construction, interpretation, and legal effect shall be governed by the laws of the state of North Carolina without regard to any conflict of laws principles. In the event of any dispute under or relating to the terms of this Music Submission Agreement, or the breach, validity or legality thereof, such disputes shall be brought exclusively in the state or federal courts of Wake County, North Carolina. If any provision of this Music Submission Agreement shall be held void, voidable, or inoperative, no other provision of this Music Submission Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Music Submission Agreement shall remain in full force and effect as though such void, voidable, invalid, or inoperative provision had not been contained herein.