Podcast Policy
PLEASE CAREFULLY READ THE TERMS OF USE OUTLINED BELOW. BY SUBMITTING CONTENT TO THIS WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS. SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
Through its website, www.sinistermuse.com, Sinister Muse Records, LLC, offers artists the ability to submit original Works for free promotional purposes only, through the Sinister Muse Podcast. Artists will have the opportunity to have such Works made available for Broadcast and to receive Attribution for such Work(s). Any individual who utilizes this service consents to the following Terms of Use:
1. Definitions
“Attribution” means recitation of the name of the author of a Work and the Work’s title within a reasonable time after the work is Broadcast.
“Broadcast” means Work or an acceptable Derivative Work thereof that is played publicly for the benefit of interested listeners, and particularly when such Work is played by a listener accessing a digital file such as a podcast or streaming media file..
“Collective Work” means a work, such as an anthology, in which the Work in its entirety and unmodified form, along with a number of other contributions, constituting separate and independent works in themselves are assembled into a collective whole. A work that constitutes a Collective Work shall not be deemed to be considered a Derivative Work as defined below. A podcast which contains the Work in combination with many other works would constitute a Collective Work.
“Derivative Work” means a work based upon the Work in which the Work may be recast, transformed or adapted. In the case of a mash of more than one musical work, such a work would constitute a Derivative Work.
“Licensor” means the individual or entity that submits the Work under the terms of this Agreement.
“Licensee” means the entity Sinister Muse Records, LLC or its subsidiaries and affiliates.
“Original Author” means the individual or entity that created the entirety of the Work.
“Podcast” means a specific type of Broadcast, where the Work is incorporated into a file (which may contain one or more works and/or other material) which may be streamed, or played on a computer, on an MP3 player or similar device by individuals who have downloaded such file.
“Work” means each submitted copyrightable work of authorship provided under these Terms of Use.
“You” means an individual or entity exercising rights under these Terms of Use.
2. Subject to these Terms of Use, You hereby grant to Sinister Muse Records, LLC, the following:
a. the world-wide, royalty-free, non-exclusive right, to reproduce each Work submitted for the purpose of Broadcasting the Work, including the right to use and incorporate each Work into a Collective Work, which may itself be Broadcast via the Sinister Muse website.
b. the right to create acceptable Derivative Works from each Work. Derivative Works shall be deemed acceptable provided that the integrity of the Work is not materially disparaged or materially injured in the Derivative Work. This right specifically permits the right to use the Work in combination with other works as part of musical podcasts.
c. the right to distribute copies of each Work in all forms and to perform each Work publicly, including having each Work broadcast and performed via digital audio transmission of each Work via the Sinister Muse website.
d. the right use each Work as in© above when the Work is incorporated into a Collective Works and/or for all works that are acceptable Derivative Works of the Work.
3. You hereby waive the following rights to any and all musical compositions:
a. the right to recover performance royalties under blanket licenses, including the right to collect such royalties individually or through a performance rights society.
b. the right to recover mechanical rights or statutory royalties.
c. the right to recover any royalty that may be applicable for public digital performance of the Work, such as webcasting or podcasting.
4. The following rights are reserved:
a. You shall retain all right, title and interest in and to the Work worldwide (including, but not limited to, ownership of all copyrights and other intellectual property rights therein), as well as all right, title and interest in and to its trademarks, service marks and trade names worldwide, including any goodwill associated therewith, subject to the limited license granted to Sinister Muse Records, LLC hereunder. Any use of any such trademarks by Sinister Muse shall inure to the benefit of You and Sinister Muse shall take no action that is inconsistent with Your ownership thereof.
b. Sinister Muse will retain all right, title, and interest in and to the Web site worldwide (including, but not limited to, ownership of all copyrights, trademarks, look and feel and other intellectual property rights therein), as well as all right, title and interest in and to its trademarks, service marks and trade names worldwide, including any goodwill associated therewith, subject to the limited license granted to You hereunder. Any use of any such trademarks by You shall inure to the benefit of Sinister Muse and You shall take no action that is inconsistent with Sinister Muse’s ownership thereof.
c. Each party hereby grants to the other a non-exclusive, limited license to use its trademarks, service marks or trade names only as specifically described in this Terms of Use Agreement. All such use shall be in accordance with each party’s reasonable policies regarding advertising and trademark usage as established from time to time.
d. You will get prominent notice and Attribution (including copyright) on the pages displaying your Work, including, but not limited to, links to web pages owned or operated by Sinister Muse. The exact type and placement of the branding will be mutually determined by You and Sinister Muse.
e. You have the right to receive Attribution every time a Work is Broadcast.
5. Termination
a. You can terminate your relationship with Sinister Muse at any time, or remove access to submitted works. Upon termination of your account your submitted works will no longer be available to future Broadcasts. Termination of your account will not revoke any licenses granted prior to the Termination of your account.
b. Sinister Muse has the right to immediately terminate this Agreement, suspend or terminate Your access to this web site, at any time with or without notice, for any or no reason, without incurring liability.
c. Sinister Muse has the right to immediately terminate this Agreement, without cause if such Work is determined by management to be offensive to community standards, defamatory or infringes upon any copyright or trademark of another. In the event of such a determination by management of Sinister Muse, the Company, at its option, shall furnish a letter to You within five (5) days after such a determination has been made explaining the reason for the termination.
6. Miscellaneous
a. You warrant that You have all the necessary rights needed to abide by these Terms, including the right to submit the Work(s) under these Terms. Your works may be deleted without any warning, if it is found that you are misrepresenting your rights to submit the Work(s).
b. Sinister Muse assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of any Works. Sinister Muse is not responsible for any problems or technical malfunction of any network lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or any Website or combination thereof, including any injury or damage to users or to any persons computer related to or resulting from submission of Works.
c. There is no fee associated with the submission of Works. Performance and Distribution of Works is not intended for any commercial advantage or private monetary gain.
d. In no event shall Sinister Muse be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your submission of Works, even if Sinister Muse has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Sinister Muse’s liability to you for any cause whatsoever and regardless of the form of action will at all times be limited to the amount paid by you to Sinister Muse for the service.
e. If there is any dispute regarding this Agreement, you agree that any dispute shall be governed by the laws of Illinois, without regard to conflict of interest laws and you agree to personal jurisdiction in the state of Illinois.
f. The method of submission of Works shall be set forth by Sinister Muse on the Sinister Muse website.
g. You agree to indemnify and hold Sinister Muse, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim, or demand made by any third party due to or arising out of any breach of your representation and warranties set forth within this Agreement.
h. These Terms of Use are accepted and agreed upon submission of your first Work. These Terms of Use constitute the entire Agreement between you and Sinister Muse. The failure of Sinister Muse to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
i. Sinister Muse may modify these Terms of Use from time to time and such modification shall be effective at the time of posting such modifications by Sinister Muse on the Sinister Muse website. You agree to be bound to any changes of this Agreement.
Please contact Sinister Muse with any questions regarding this Agreement of Terms of Use.