· · · Terms of Service · · ·
Here are some common-sense rules that will help you steer clear of trouble:
- Respect copyright. Only upload music that you made or that you are authorized to use. This means don't upload songs you didn't make, or use content that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or audio files made by other users, without necessary authorizations.
- We encourage free speech and defend everyone's right to express unpopular points of view. But we don't permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
- There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from JuneCast.
Rights & Permission:
- You must own the copyright for the audio recordings or have the authority or permission from the owner(s).
- If you didn't write the song/composition, that's OK, but you must find out who the copyright owners are, and pay the publisher their mechanical royalties the same way you would for CDs or DVDs sold, but based on your download/sales activity.
- If you have samples in your music, they must all be legally cleared and paid-for. No “mix tapes” of other people's music, even if you are mixing in your own music.
- It's VERY important you have all rights and permission! Files distributed on the internet are watched very carefully by lawyers. You can't just “get away with it”. Do everything thoroughly and legit.
- You are personally responsible and liable for the licensing and copyright ownership for any media submitted to JuneCast for digital distribution.
Digital Distribution Agreement:
- By signing up for service with JuneCast, you will become a party to, and will be bound by this Agreement.
- Upon activiation of your account, This contract becomes "Effective". The date of activation is the Effective Date.
- You hereby appoint us as your authorized representative for the sale and other distribution of Your Authorized Content as provided herein. The rights that are granted by you to us are non-exclusive. Accordingly, you hereby grant to us the non-exclusive right, during the Term and throughout the Territory, to:
- Reproduce and convert Your Authorized Content into Digital Media;
- Perform and make available for promotional purposes, portions of Your Authorized Content (“Clips”) by “streaming” to promote the license, sale and distribution of Digital Media;
- Promote, sell, distribute, and deliver Digital Media, as individual tracks or entire albums, and associated metadata to purchasers who may use such Digital Media in accordance with usage rules agreed by us;
- Use and authorize others to license the use of and sale of Your Authorized Content in connection with all manner of phone services, such as, but not limited to, sales or licenses of Digital Media as downloads (including, without limitation, downloads to cell phones) and for use as ringtones and ringback tones;
- “Stream” and authorize others to “stream” Your Authorized Content, either on-demand or as part of an internet radio service;
- Use and distribute Copyright Management Information;
- Display and electronically fulfill and deliver Authorized Artwork used in connection with Your Authorized Content for personal use solely in conjunction with the applicable Digital Media as provided herein;
- Use Your Authorized Content, and Authorized Artwork and metadata as may be reasonably necessary or desirable for us to exercise our rights under and in furtherance of this Agreement; and
- The Term of our Agreement shall commence on the Effective Date and shall continue unless and until terminated by either party.
- You shall obtain and pay for any and all clearances and licenses as may be required in the Territory or any portion thereof for uses of Your Authorized Content, and Authorized Artwork and metadata. Specifically, and without limiting the generality of the foregoing, you shall be responsible for and shall pay (i) any royalties and other sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses of Digital Music, (ii) all mechanical royalties or other sums payable to publishers and/or authors or co-authors of musical compositions embodied in Digital Music from sales or other uses of Digital Music, (iii) all payments that may be required under any collective bargaining agreements applicable to you or any third party, and (iv) any other royalties, fees and/or sums payable with respect to Your Authorized Content, and Authorized Artwork, metadata and other materials provided by you to us. You agree that the amount payable to you is inclusive of any so-called “artist royalties” that might otherwise be required to be paid for sales or exploitations pursuant to the applicable laws of any jurisdiction.
- Indemnification: If we receive a claim that the use of Your Authorized Content or Authorized Artwork or any other materials provided or authorized by you is in violation of any third party rights, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our Licensees and affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any such claim. Accordingly, you agree to reimburse us and our Licensees and our affiliates on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 9, provided that we obtain your written consent prior to making any such payments. You agree that your consent will not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and by obtaining and posting and maintaining an appropriate bond for our benefit you may assume control of the defense of such claim, provided that we shall have the right in all events to participate in the defense thereof.
Additional Representations and Warranties of the Parties:
- You represent and warrant that you have the full authority to act on behalf of any and all owners of any right, title or interest in and to Your Authorized Content or Authorized Artwork.
- You represent and warrant that you own or control the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by us and our Licensees shall not violate or infringe the rights of any third party.
- Each party represents and warrants that it has full authority to enter into and fully perform its obligations under this Agreement and has obtained all necessary third-party consents, licenses and permissions necessary to do so.
- Each party represents and warrants that it shall not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this Agreement.
- Each party represents and warrants that it shall perform their obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.
Activation & Cancellation:
- The parties agree and acknowledge that the relationship between the parties is that of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, or employee.
- This Agreement contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties relating to the subject matter hereof, provided that if you previously entered into a digital distribution agreement with us in the past, and elected any options, those options shall remain in place under this Agreement. This Agreement cannot be changed or modified except as provided herein. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.
- This Agreement shall be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
- Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the addresses provided to and by you upon registration with the JuneCast website, or as properly updated.
- This Agreement shall be governed and interpreted in accordance with the internal laws of the State of Arizona applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws.
- To the extent permitted by applicable law, the rights and remedies of the parties provided under this Agreement are cumulative and are in addition to any other rights and remedies of the parties at law or equity.
- The titles used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement.
- This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
- Your service period begins on the day you sign up by making payment.
- Your will have the abilibty to your service yearly until cancelled.
- You have the right to cancel your subscription at any time.
- Upon cancellation, downgrading or termination of your account, you will not receive a refund for the remaining portion of your paid service period.
- We reserve the right to cancel or delete your account for violations or any other reasons, without offering a refund for the remaining portion of your paid service period.
Payments & Downloads:
- Payments for your media will be made directly to you via your PayPal account. No percentages will be taken by JuneCast. JuneCast is in no way involved in payment processing for media purchases (other than providing a link from the your player to your PayPal account for media purchases). JuneCast is simply a digital product delivery service.
- Upon verification of payment, JuneCast will email a Download Link to the purchaser. The Download Link will allow access for the customer to download all purchased digital products. Download link will expire after the alotted time period.
- No refunds will be offered for purchases of digital products.
- JuneCast will be responsible for providing the digital product downloads, but is not liable for user error, ignorance, computer problems, or device limitations.
We reserve the right to change, modify, add to or remove all or part of this Agreement. Notice of any such changes shall be sent to you by email at least seven (7) days prior to their effective date. In the event that you do not consent to any such proposed changes your sole recourse shall be to terminate the Term of this Agreement by notice to us by email, and your failure to do so within ten (10) days of the date of any such email from us to you shall constitute your acceptance of such changes. By signing up for service for selling media, you will become a party to, and will be bound by this Agreement.