Artist submission agreement

Thank you for submitting your materials to TightTunes, we are excited to have you participate in on our Site. Since we and our affiliated companies, officers, agents, employees, successors, licensees and assigns host web and Artist pages, message boards, and other forums on the Site, we require certain rights in those materials in order to redistribute materials you give to us. You are permitted to use your personal artist page as a platform to promote your music subject to these Terms of Service and the Artist Submission Agreement ("Artist Submission Agreement"). To best serve you and our community we require all Artists to read and review the following terms and conditions before uploading their first audio track, video, image, or other materials to the Site. These terms are hereby incorporated in their entirety to the Site's Terms of Service. License to Use Submissions By submitting your music and materials ("Submission") to the Site, in exchange for the exposure and publicity provided by the Site, which you hereby acknowledge as good and valuable consideration, you irrevocably grant to TightTunes a license in perpetuity ("Term") to use, perform, copy transmit, reproduce, exhibit, distribute, market, publicize, advertise, display, make derivative works, and otherwise exploit (collectively "Exploit") the Submission(s), including any underlying music, lyrics, and musical compositions therein and/or recorded in the soundtrack thereof via all media now known or hereafter devised, including but not limited to the Internet and other online (wired or wireless) and/or computer facilitated media, throughout the universe (the "Territory"), and in all areas of the Site, including the Artist Page, featured and any highlighted content areas, through transmission, downloading, streaming, copying, caching or otherwise transmitting or broadcasting the Submission or any portion thereof through the Site and its components. You grant TightTunes the right, for an unlimited number of times and on an ongoing and continuous basis, to Exploit excerpts, clips, and/or snippets of the Submission(s) either with or without additional text, sounds, and/or graphics to produce advertisements that promote the Submission(s), TightTunes and the Site, including but not limited to, trailers, web banners, print advertisements, television advertisements, theatrical motion picture advertisements, radio advertisements and other offline advertisements, audio/visual commercials, animations, links, frames, and/or other means for delivering commercial content (collectively the "Advertisements") for use in the Territory, and to attach commercial and advertising messages and/or content to the Submissions or any part thereof, including but not limited to transmission, broadcast, streaming, or telecast before, during, or after the exhibition of and/or bordering the Submission(s). You grant TightTunes the right to alter, edit and/or change the Submission(s) to satisfy any and all exhibition requirements, including but not limited to, length and format restrictions, exhibition requirements, and censorship restrictions, for any part of the Territory.

No Obligation to Exploit

Notwithstanding and without limiting the foregoing, nothing herein shall be construed to obligate TightTunes to Exploit the Submission(s) to any extent and TightTunes reserves the right to Exploit any Submission(s) in its sole discretion. TightTunes does not represent, warrant, or guarantee that TightTunes will Exploit any Submission in any way. You further understand and agree that TightTunes may accept or reject any Submission(s) in its sole judgment, and shall not bear any responsibility or obligation to the Artist with respect to any rejected Submission(s). You expressly acknowledge TightTunes accepts submissions from other artists who may have inadvertently or otherwise published, revealed, made public, sold, licensed, originated, and/or submitted, or may hereafter publish, reveal, make public, sell, license, originate, and/or submit, similar or identical material to yours and you hereby acknowledge TightTunes' unencumbered right to Exploit such material as described herein. You hereby affirm that with regard to TightTunes' use of such materials, TightTunes shall bear no liability or be subject to any claim stemming therefrom and shall not be obligated in any way to provide you compensation. Moral Rights Waiver You hereby waive, to the full extent allowable under the law, all rights in any Artist Submission(s) known as "moral rights" in addition to any other unalienable or non-assignable rights. You hereby authorize TightTunes pursuant to this waiver in addition to any other grants contained herein to Exploit your Submission(s) without limitation throughout the Territory and you hereby agree to execute whatever instruments or agreements are reasonably necessary to effectuate this paragraph or in the alternative you authorize TightTunes to execute same as your attorney-in-fact.

No Partnership

Artist participation in the Site and/or Artist submission of Submission(s) does not in any way imply or otherwise establish a partnership, joint venture, co-owned or otherwise a joint or common undertaking or any other business relationship other than that described herein. By participating in the Site or by providing Submissions you expressly affirm that TightTunes is an arms length independent contractor and that neither party shall have the power or authority to conduct, manage, or direct the day to day operations and activities of the other. Warranty & Release You warrant that all Submission(s) provided by you are free and clear of any legal claim that would interfere with your granting the rights described herein and that you have full and unencumbered authority to grant such rights to such Submission(s). You warrant that all Submissions(s) provided by you are original and that you have the entire right, title and interest in and to each of your Submission(s), and that no funds, resources or other contribution of any other person or organization were used in their conception or development. You as the Artist are be solely responsible for the quality of any Submission(s). TightTunes reserves the absolute right to suspend, remove, bar, block, or otherwise prevent display, performance, exhibition, transmission, or broadcasting of any Submission(s) or any portion thereof if in TightTunes sole discretion and judgment is considered unlawful, defamatory, infringing, libelous, slanderous, indecent, improper, offensive, in bad taste, inconsistent or disparaging to TightTunes, its trade name, and public image (collectively the "Offending Material"). If notified of the alleged presence of Offending Material, TightTunes may, in its sole discretion, investigate and/or remove the material as per its determination. By submitting any Submission(s), you hereby agree that you shall defend, indemnify and hold TightTunes and any of its affiliated companies, owners, principals, employees, licensees, partners, officers, directors, shareholders, agents, successors, assigns and representatives harmless from and against all charges, claims, liabilities, damages, judgments, losses and expenses of any kind or nature whatsoever (including reasonable attorneys' fees and costs) arising out of the Submission(s) or any part thereof arising out of or relating to: (a) the Exploitation, display, exhibition, transmission or reproduction of any part of the Submission; (b) any negligent act, misfeasance, or nonfeasance by you or any of your agents, contractors, servants, employees, or licensees; or (c) the breach or alleged breach of your representations, warranties or agreements set forth herein. TIGHTTUNES request, you shall provide a defense for TIGHTTUNES, and any TIGHTTUNES Indemnified Parties in any such action or proceeding, actual, threatened, or potential and shall consult with TIGHTTUNES in conducting such defense (or, at TIGHTTUNES election, reimburse TIGHTTUNES for reasonable fees and costs of TIGHTTUNES own counsel).

Release

In consideration of TIGHTTUNES Exploitation of the Submission(s), it is understood and agreed that TIGHTTUNES (and its affiliated companies, officers, agents, employees, successors, licensees and assigns) are released from any past, present or future liability (for any and all claims, whether known or unknown) with respect to the Submission(s), including, without limitation, any such liability arising out of the use or non-use thereof, or the disclosure thereof to any third party.

General

This agreement is governed by and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to this agreement or any breach thereof shall be settled by arbitration in accordance with the Rules of the American Arbitration Association; and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to reimbursement for costs and reasonable attorney's fees. This agreement constitutes the entire understanding of the parties and can only be modified by and/or amended by TightTunes from time to time as it is posted on the Web Site and as TightTunes shall notify you. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.