04 Aug 2009

As an artist, agency or label selling digital products (collectively know as 'the material') on textatrack.co.uk, a service provided by Opportune Media Limited, you agree to the following:

General

1. Digital audio files must be in MP3 format.
2. All material sold via credit card, other than music downloads, is sold at the price you specify.
3. You are the rightful owners of the material submitted and release Opportune Media Limited of any liability.
4. The music you submit is of broadcast quality.
5. Material submitted will not be protected by DRM (Digital Rights Management) at this time. Opportune Media Limited will accept no responsibility for any piracy by a third party or individual.
6. You understand that Opportune Media Limited does not have exclusive rights or ownership of your material.
7. Opportune Media Limited reserves the right to feature content you upload to our servers (photos, text or music) in any material for the purpose of promoting you, the artist and textatrack.co.uk.
8. Opportune Media Limited reserves the right to make changes to the submissions agreement in the future. You will be notified of all changes made. These changes will apply to you. However, if you do not agree with the revised terms, you may remove your material - see section 'Removing your material' below.
9. You provide Opportune Media Limited the right to waive, on your behalf, any performance royalties on the material for airplay on internet, satellite, or other radio, for the purpose of promoting textatrack.co.uk, your band, or your music.
10. Should you sign to a record label as a result of your participation with textatrack.co.uk, you agree to allow Opportune Media Limited to publicise the fact in any of our promotional work, including advertising, press releases, interviews and any other media or broadcast.
11. 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 textatrack.co.uk.
12. You agree not to hold Opportune Media Limited responsible for suspension or discontinuance of textatrack.co.uk.
13. You agree that your material can made made available to for sale under different domain names and in different jurisdictions.
14. You agree to report to the service owners any issues that affect the ability of users who have purchased your material to access that material.

Ownership of Materials

1. 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 textatrack.co.uk or Opportune Media Limited. You further agree that this right is not being exploited by textatrack.co.uk or Opportune Media Limited.
2. By accepting this agreement and/or submitting any material, you are guaranteeing to Opportune Media Limited that you are of legal age to enter into contracts and have all rights, approvals and/or consents necessary to submit the material on the terms provided herein.
3. You also guarantee that you have received all necessary permissions from other individuals, licensing agencies or companies who have an interest in your work Opportune Media Ltd to use the material and other rights provided herein.
4. You further guarantee to Opportune Media 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.
5. You also guarantee that the material does not violate any laws or be defamatory, libellous, pornographic or obscene.
6. You also guarantee to Opportune Media Limited that the material will not contain any 'viruses' or other information which may damage or otherwise interfere with Opportune Media Limited computer systems or data or that of our customers.
7. You shall be fully responsible for any violation of your agreements including the guarantees made to Opportune Media Limited under this paragraph and shall indemnify Opportune Media Limited and its customers from any damages and costs, including reasonable legal fees, arising from such violations.
8. You shall sign and deliver to Opportune Media Limited any additional documents that Opportune Media Limited may request to confirm Opportune Media Limited’s rights under this agreement.

Terms of Use.

1. Opportune Media 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. Opportune Media Limited will not pass on the details you submit to any third party.
2. A chart based on MP3 sales will be published each Friday at 3pm. All MP3s sold between 3.01pm on any given Friday and 3pm the following Friday are counted. Chart positions are automatically assigned to each single based on sales and published on textatrack.co.uk at 3pm. Chart entries will remain at this position until 3pm for 1 calendar week i.e. until the following Friday All times are local to the jurisdiction in which these Terms and Conditions apply.
3. 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. You agree that Opportune Media Limited may disclaim all liability incurred by you in this event.

Disclaimer

1. You understand that the operation of textatrack.co.uk may encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. Opportune Media Limited shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the textatrack.co.uk service. There are no assurances whatsoever that any of the material shall actually be utilized on the textatrack.co.uk site or if so utilized continue to be available for any particular time. The textatrack.co.uk 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 the textatrack.co.uk is a breach of these terms and a violation of the law.

Payment

1. Non Licensing Agency Members

   Artist will receive £0.45 per track sold. The balance is accounted for by monies retained by your mobile operator for SMS services, fees paid to Realex (Online Payment Provider), fees paid to Evalon (Merchant Account Provider) and Bank Charges. A commission of £0.10 is retained by textatrack.co.uk
   Note: Tracks sold on Pre-release will incur a charge of 6p per reminder to cover the cost of sending the SMS reminder to the user
   Note: All revenue arising from ticket sales is retained by artists
   Note: Revenue per track may differ for sales made in other territories

2. Licensing Agency Members

   As per Non Licensing Agency Members:

   less any fees or royalties for which textatrack.co.uk is liable arising from your membership of any Licensing Agency who is entitled to collect royalties in a jurisdiction in which textatrack.co.uk operates.

3. A charge of £1 will apply to each track uploaded to the system. This charge will be deducted at the time an artist claims their sales revenue. The charge will only apply where sufficient sales revenue exists to cover the charge.

4. textatrack.co.uk accepts no responsibility for material which is illegally copied or distributed, electronically or otherwise, by a third party. A statement showing your sales is available by logging in to textatrack.co.uk.

5. A request for payment may be made at any time. To request payment, please email info@textatrack.co.uk. Where a payment due to an artist or label is greater than £200, textatrack.co.uk reserves the right to withhold payment until such time as funds are received from the mobile phone companies, which can take up to 60 days.

6. Payments can be made via PayPal or Bank Draft. Where a Bank Draft is requested, a fee of £5.00 will be deducted from the payment. If sufficient funds do not exist to facilitate this, it will not be possible to make the payment by Bank Draft.

1. You may cancel this agreement at any time. To do so, you must email support@textatrack.co.uk. Once received, textatrack.co.uk 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.

1. If a dispute and/or claim exists therefrom, textatrack.co.uk reserves the right to remove such song from the textatrack.co.uk website until such time as a resolution has been reached by the disputing parties. textatrack.co.uk is not in a position nor has the authority to resolve any claims and/or disputes.
2. Should any dispute arise concerning this agreement, Irish law shall apply and all legal proceedings, if any, shall take place in Ireland.
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