The basic terms which will constitute our agreement if you accept are as follows:
1. Payment Of Commission.
The system is free for you to set up and SoundFlare will not at any point demand any subscription fees. After each calendar month, SoundFlare will request a fee, to be paid via PayPal, equal to 15% of the total amount traded the previous calendar month.
You will have 1 calendar month to make this payment before access to the services provided by SoundFlare are suspended.
2. Ownership of Materials.
At all times you shall retain full ownership of the Material. By accepting this agreement and/or submitting any Material, you are guaranteeing to SoundFlare that you are of legal age to enter into contracts (you're not a minor) and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein.
You also guarantee that no permission is required from any other individual or company for you to use the Material and other rights provided herein. You further guarantee to SoundFlare that the compositions, recordings, lyrics and other materials contained in the Material are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies. Although we're big believers in free expression, you also guarantee that the Material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene. Finally, you guarantee to SoundFlare that the Material will not contain any "viruses" or other information which may damage or otherwise interfere with SoundFlare computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to SoundFlare under this paragraph and you shall indemnify us and our customers from any damages and costs, including reasonable attorneys fees, arising from your breach. You shall sign and deliver to SoundFlare any additional documents that SoundFlare may request to confirm SoundFlare's rights under this agreement.
3. Terms of Use.
SoundFlare shall from time to time publish on the SoundFlare site its policies concerning the service and content to be submitted and you agree to comply with those policies. SoundFlare 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.
4. Disputes.
You represent that you own right, title and interest to all songs that you upload or mail to SoundFlare. If a dispute and/or claim exists therefrom, SoundFlare reserves the right to remove such song from the SoundFlare website until such time as a bonafide resolution has been reached by the disputing parties. SoundFlare is not in a position nor has the authority to resolve any claims and/or disputes therefrom. We will not be your referee.
5. Disclaimer.
You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and SoundFlare shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the SoundFlare service. There are no assurances whatsoever that any of the Material shall actually be utilized on the SoundFlare site or if so utilised continue to be available for any particular time. The SoundFlare site 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.
6. Cancellation.
You are free to cancel this agreement at any time. Upon your emailed request to info@band-site.co.uk being received by us, we will proceed to delete your songs from our system. We are obviously not responsible for any copies of your song that may have been downloaded from our site before we removed your material.
7. Miscellaneous.
In the event of any dispute concerning this agreement British law shall apply and all legal proceedings, if any, shall take place in Great Britain.