Remixology
Terms of Use

PLEASE READ THESE TERMS OF SERVICE (“Terms of Service”) CAREFULLY BEFORE USING THE REMIXOLOGY WEBSITE OR ANY OTHER PART OF THE PLATFORM (AS DEFINED BELOW) AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

I. Section: The Platform

1. OVERVIEW

Beyond Noize Limited t/a Remixology of 19 Harvey Road, London, UK (“REMIXOLOGY”, “we”, “our” or “us”), provides access to the REMIXOLOGY website (www.REMIXOLOGY.com) and related URLs (the “Website”), and all services, software and data accessed via the Website (the “Services”). The Website and the Services are referred to together in these Terms of Service as the “Platform”.

THE PLATFORM IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THE PLATFORM OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms of Service with your parent or legal guardian and that you and your parent or guardian understand and consent to these Terms of Service.

These Terms of Service govern your use of the Platform. They apply solely to the Platform, and you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, DO NOT USE THE PLATFORM.

REMIXOLOGY is a Web Service for music production and offers their customers to a) provide audio recordings for other customers producing new derivatives and versions based on the original material (so called remixes) or b) for customers to create and publish their remixes using audio recordings of original music serviced by REMIXOLOGY in so-called “Competitions”. The winning remixes judged out of these Competitions then can be exploited commercially through either REMIXOLOGY or the respective licensor’s exploitation channels.

2. CHANGES TO THE TERMS OF SERVICE

We reserve the right to add, delete or amend parts of these Terms of Service at our sole discretion and at any time without prior notice to you. We will post any changes to the Terms of Service on this page and will update the Effective Date listed above. If you continue to access or use the Platform after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.

3. DESCRIPTION OF WEBSITE AND SERVICES

Unless otherwise stated, any features or tools which are added to the Website and/or the Services are subject to these Terms of Service. We may add, amend or remove any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or the entire Platform without notice or liability to you or any third party.

In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer or other access device.

4. REGISTRATION

To access certain Services, you may need to register for an account, and you may be asked to provide a username and a password. You agree to provide accurate, current and complete information required to register with the Services and/or at any other time as may be required in the course of using the Services. You further agree to maintain and update your registration information as required to keep it accurate, current and complete. You should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user ID or password), you will immediately notify REMIXOLOGY. You may be liable for the losses incurred by REMIXOLOGY or others due to any unauthorized use of your account.

You may cancel or delete your account with us at any time by emailing support@REMIXOLOGY.com. We reserve the right to cancel your account at any time for any reason without prior notice to you. By using the Platform and providing us with your personal information upon registration or otherwise, you also accept the terms set forth in our Privacy Policy.

5. INTELLECTUAL PROPERTY

Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Platform existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of us, our subsidiaries, affiliates and/or licensors.

Unless expressly granted in writing by us, no rights in or to the Content except those expressly set forth within these Terms of Service are granted to you.

You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Website and/or Services. Exploiting any part of the Platform for a purpose that is not permitted by these Terms of Service is expressly prohibited without prior written permission from a Director of our company.

6. YOUR USE OF THE PLATFORM

Subject to your strict compliance with these Terms of Service, REMIXOLOGY grants you a limited, personal, non-exclusive, at any time revocable, non-assignable and non-transferable right and license to use the Platform.

As a condition of your use of the Platform, you will not:

  • use the Platform for any purpose that is unlawful or prohibited by these Terms of Service. Access to the Platform from territories where their access or use thereof is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy;
  • use the Platform other than to assist REMIXOLOGY with its development of the Platform and other products and services. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of the Platform, any data displayed, use of the Platform, access to the Platform, or Content obtained or available through the Platform, for any purpose other than to assist REMIXOLOGY with its development of the Platform and other products and services;
  • interfere or attempt to interfere with or damage, impair or disable the operation of the Platform by any means whatsoever, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code;
  • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform;
  • attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree neither to modify the Platform in any manner or form, nor to use modified versions of the Platform, including, without limitation, for the purpose of obtaining unauthorized access to the Platform;
  • use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform;
  • utilize framing techniques to enclose any trademark, logo, or other Content without our express written consent. You agree not to use any Metatags or any other “hidden text” utilising REMIXOLOGY’s name or trademarks without our express written consent;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; modify, adapt, translate or create derivative works based upon the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
  • make any unsolicited offers, request, advertisements, marketing or spam.

You represent, warrant and agree that you will comply with the above acceptable use requirements. REMIXOLOGY reserves the right, in its sole discretion, to take such action as REMIXOLOGY sees fit in relation to any user who partakes in any aspect whatsoever of REMIXOLOGY’s prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, REMIXOLOGY reserves the right to take prosection measures and court action and/or report users to the relevant authorities.

7. THIRD PARTY SITES AND SERVICES

The Platform may contain links to other sites and services operated by third party service providers. Your use of third party services shall be solely between you and the third party, and subject to the applicable terms and conditions from such third party. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites or services.

8. LINKING

You can access other sites via links from the Website. These sites are not under our control and we are not responsible in any way for any of their contents. We make no representations and warranties as to any linked sites and have no liability or responsibility with respect to your use of such sites.

9. DISCLAIMER/LIMITATION OF LIABILITY

WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF SERVICE, YOU UNDERSTAND AND AGREE THAT REMIXOLOGY FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL REMIXOLOGY, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “REMIXOLOGY ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE PLATFORM, OR THE CONTENTS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY REMIXOLOGY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE REMIXOLOGY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM). NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES REMIXOLOGY’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

IF ANY OF THESE TERMS OF SERVICE ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS OF SERVICE ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS OF SERVICE AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.

THE REMIXOLOGY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM OR THE CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF REMIXOLOGY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY REMIXOLOGY AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY REMIXOLOGY WEB SITE, SERVICES, PLATFORM, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

10. INDEMNITY

You agree to indemnify, hold harmless, and keep REMIXOLOGY, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms of Service, including, without limitation: (a) your use of the Platform; (b) your violation of these Terms of Service or any law, rule or regulation; or (c) your use of the Content. You will cooperate as fully and reasonably as required by REMIXOLOGY in the defense of any claim. Notwithstanding the foregoing, REMIXOLOGY retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against REMIXOLOGY herein under the terms and provisions of this Section 9 and in no event shall you settle any such claim without REMIXOLOGY's prior written approval.

11. GOVERNING LAW & JURISDICTION

These Terms of Service, the Privacy Policy and their respective interpretations shall be governed by and construed in accordance with the laws of the State of California. The exclusive place of jurisdiction – if permitted by law – is Los Angeles.

REMIXOLOGY and you irrevocably agree, for the sole benefit of REMIXOLOGY that, subject as provided below, the courts of the State of California shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms and Conditions and Privacy Policy or their subject matter or formation (including non-contractual disputes or claims). Nothing in this section shall limit the right of REMIXOLOGY to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

12. GENERAL TERMS

Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms of Service. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Platform and the Content, including, without limitation, those governing your transmission or use of any software or data.

If any provision of these Terms of Service shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms of Service. No waiver on the part of REMIXOLOGY of any of these Terms of Service will be of any force or effect unless made in writing and signed by a duly authorized officer of REMIXOLOGY. Nothing in these Terms of Service are intended to confer on any third party (whether referred to in the Terms of Service by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms of Service.

These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and REMIXOLOGY with respect to your use of the Platform and supersede any prior agreement between you and REMIXOLOGY.

13. TERMINATION

You understand and agree that REMIXOLOGY will determine your compliance with these Terms of Service in its sole discretion. REMIXOLOGY reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. REMIXOLOGY maintains a policy that provides for the termination of the Website use privileges of users who are in breach of any of these Terms of Service. Any violation of these Terms of Service may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by REMIXOLOGY, you must destroy all materials obtained from the Platform and all related documentation.

14. PRIVACY

Registration data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting these Terms of Service you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.

II. Section: REMIXOLOGY – Competitions:

This II. section of the Terms of Service contains the terms for the user’s participation in REMIXOLOGY’s different competitions, which is the “Remix Competition”, the “Producer Competition” and the “Remix Me Competition”. In the event of additional Competitions, such terms are to be found in connection with the respective additional Competition.

The general terms set out under the I. Section shall fully apply on this II. Section, if not set out differently. Further details about the respective competitions can, if applicable, be found on the respective website of the relevant competition.

No purchase is necessary to enter any Competition.

User is a creative talent who wants to use the services of REMIXOLOGY according to the terms of this Agreement.

1. SUBJECT OF AGREEMENT FOR REMIXOLOGY – COMPETITION(S):

  1. REMIXOLOGY offers their Users the possibility to participate in different Competitions to create new recordings (New Remixes and New Productions):
  • a) “REMIX COMPETITION”: by creating audio remixes of original audio recordings as provided by REMIXOLOGY on its Website and to participate in Competitions (see below under § 2). The original audio recordings for creating the remixes are regularly made available by REMIXOLOGY’s partners and / or Users (as set out below).
  • b) “PRODUCER COMPETITION”: by creating new recordings by using original audio assets such as loops, sounds and samples as provided by REMIXOLOGY on its Website and to participate in the respective Competitions (see below under § 2). The original audio assets for creating the new recordings are made available by REMIXOLOGY and REMIXOLOGY’s partners.
  1. “REMIX ME COMPETITION”: REMIXOLOGY offers the User furthermore the possibility to become a licensor and supply to REMIXOLOGY and their customers original audio recordings for creating remixes (see below under § 4).

2. REMIX COMPETITION PARTICIPATION

  1. User shall be - after creating a user account - entitled to use the original audio recordings (such as e.g. stems and additional material such as artwork, artist bio) as presented on REMIXOLOGY’s website for the production of new remixes based on such material (hereinafter also New Remix) to then upload them to the respective Competition Section of the website.
  2. By uploading the New Remix the User grants and transfers to REMIXOLOGY the exclusive and transferable right to use such New Remix for the Exploitation Period and unrestricted in all other respects on a worldwide basis fully and free from any third party rights.This particularly includes for the whole New Remix or parts thereof including the original audio recordings and any underlying musical composition (if any) and is not limited to the rights to: duplicate (e.g. as audio carrier, download), distribute, broadcast (e.g. radio, tv), publicly perform, store in databases, make available online (e.g. through the Internet, Mobile Networks, etc.) including streaming / download; edit; to lend and rent. The transfer of rights as set out before shall also include all future forms of exploitation. User agrees to also grant REMIXOLOGY the right to use Users name and likeness for the presentation and exploitation of the New Production. REMIXOLOGY accepts the transfer of rights.
  3. User guarantees that he has the rights, power and authority to enter into this Agreement and to fully perform the terms hereof, and that he is not hindered by any other agreement to fulfil this Agreement (no exclusive recording agreement, publishing agreement or agreement with any collection society) and that any New Remix is free from any third party right. Furthermore, User guarantees that he waives any so called moral rights or other rights with respect to the underlying musical composition in the New Remix and guarantees to not take any action hereto against REMIXOLOGY or any of its customers and partners (such as e.g. Labels). Herewith User agrees to indemnify, defend and hold harmless REMIXOLOGY from any and all claims, suits, liabilities, losses, damages and expenses (including reasonable legal fees and expenses) which arise out of or resulting from any breach of the terms of this Agreement by User.
  4. At REMIXOLOGY’s sole discretion the New Remix will be hosted on the website of REMIXOLOGY, whereas REMIXOLOGY is free to withdraw such New Remix from its service at any time.
  5. There is at least one selected winner for each Remix Competition, who will be selected by a judge or judges. Judge(s) shall be provided by the respective Supplier of the original audio recordings for the Remix Competition. It is agreed that judging criteria may vary for individual Competitions. Factors judges may consider include but are not limited to: feedback, tune selection, originality, demonstration of technical abilities, votes (taken into account, but not determinative).
  6. There is at least one selected winner for each Competition, whereas such winning New Remix may be exploited by REMIXOLOGY or the providing Label. Any exploitation of the New Remix shall be compensated as set out according to § 5.

3. PRODUCER COMPETITION PARTICIPATION

  1. Furthermore User shall be - after creating a user account - also entitled to participate in the “Producer Competition”, which is similar to the “Remix Competition”, whereas REMIXOLOGY provides different audio assets for creating individual new Recordings (hereinafter also New Production) to then upload them to the respective Competition Section of the website.
  2. By uploading the New Production the User grants and transfers to REMIXOLOGY the transferable right to use such New Production for online exploitation only (streaming, download and duplication) according to the following terms:
  • a) for the New Production to be judged as the winning New Production User herewith transfers to REMIXOLOGY the transferable worldwide and with respect to online exploitation exclusive right for the Exploitation Period;
  • b) for all other New Productions, the worldwide online exploitation rights are only transferred on a nonexclusive basis. REMIXOLOGY shall be transferred the right to make such New Production available on its websites for a minimum of 90 (ninety) days after uploading, whereas after these 90 (ninety) days REMIXOLOGY shall be entitled to make these New Productions available until User requires in writing (E-Mail sufficient) the withdrawal.
  1. Notwithstanding the foregoing the transfer of rights as set out in this § 3 shall be fully and free from any third party rights. This particularly includes rights with respect to the whole New Production or parts thereof including the original audio assets and any underlying musical composition (if any) and is not limited: to the rights to: duplicate (e.g. as download), store in databases, make available online (e.g. through the Internet, Mobile Networks, etc.) including streaming / download. The transfer of rights as set out before shall also include all future forms of exploitation. For the avoidance of doubt REMIXOLOGY shall in addition be transferred the non-exclusive right to use the New Production for promotional purposes for broadcasting and making available publicly (e.g. on trade fairs, etc.). User agrees to also grant REMIXOLOGY the right to use Users name and likeness for the presentation and exploitation of the New Production. REMIXOLOGY accepts the transfer of rights.
  2. User guarantees that he has the rights, power and authority to enter into this Agreement and to fully perform the terms hereof, and that he is not hindered by any other agreement to fulfil this Agreement (no exclusive recording agreement, publishing agreement or agreement with any collection society) and that any New Production is free from any third party right. Furthermore, User guarantees that he waives any so called moral rights or other rights with respect to the underlying musical composition in the New Production and guarantees to not take any action hereto against REMIXOLOGY or any of its customers and partners (such as e.g. Labels). Herewith User agrees to indemnify, defend and hold harmless REMIXOLOGY from any and all claims, suits, liabilities, losses, damages and expenses (including reasonable legal fees and expenses) which arise out of or resulting from any breach of the terms of this Agreement by User.
  3. At REMIXOLOGY’s sole discretion the New Production will be hosted on the website of REMIXOLOGY, whereas REMIXOLOGY is free to withdraw such New Production from its service at any time.
  4. There is at least one selected winner for each Producer Competition, who will be selected by a judge or judges. Judge(s) shall be provided by the respective Supplier of the original audio assets for the Producer Competition. It is agreed that judging criteria may vary for individual Competitions. Factors judges may consider include but are not limited to: feedback, tune selection, originality, demonstration of technical abilities, votes (taken into account, but not determinative).
  5. There is at least one selected winner for each Competition, whereas such winning New Production may be exploited by REMIXOLOGY or any providing partner. Any exploitation of the New Production shall be compensated as set out according to § 5.

4. USER AS A CONTENT SUPPLIER FOR REMIX COMPETITION “REMIX ME”

  1. User shall be - after creating a user account - entitled to supply his own audio recordings such as stems, artwork and audio preview (hereinafter also Files) to the “Remix Me” Section of REMIXOLOGY’s website. Users of REMIXOLOGY shall then be entitled to create New Remixes based on these Files.
  2. By uploading the Files, the User grants and transfers to REMIXOLOGY the non-exclusive and transferable right to use such Files for the Exploitation Period and unrestricted in all other respects on a worldwide basis fully and free from any third party rights. This particularly includes for the whole File or parts thereof including the recording(s) and any underlying musical composition and is not limited to the rights to: duplicate (e.g. as audio carrier, download), distribute, sell, broadcast (e.g. radio, tv), publicly perform, store in databases, make available online (e.g. through the Internet, Mobile Networks, etc.) including streaming / download; edit (which includes the right to create and have created New Remixes which then can be exploited in the same manner as the Files hereunder); to lend and rent. The transfer of rights as set out before shall also include all future forms of exploitation. User agrees to also grant REMIXOLOGY the right to use Users name and likeness for the presentation and exploitation of the Files. REMIXOLOGY accepts the transfer of rights.
  3. User guarantees that he has the rights, power and authority to enter into this Agreement and to fully perform the terms hereof, and that he is not hindered by any other agreement to fulfill this Agreement (no exclusive recording agreement, publishing agreement or any agreement with any collection society such as PRS, GEMA, ASCAP; CESAC, etc.) and that the Files are free from any third party right. Furthermore, User guarantees that he waives any so called moral rights or other rights with respect to the underlying musical composition in the Files and guarantees to not take any action hereto against REMIXOLOGY or any of its customers. User herewith agrees to indemnify, defend and hold harmless REMIXOLOGY from any and all claims, suits, liabilities, losses, damages and expenses (including reasonable legal fees and expenses) which arise out of or resulting from any breach of the terms of this Agreement by User.
  4. At REMIXOLOGY’s sole discretion the Files will be hosted on the website of REMIXOLOGY for a Competition, whereas REMIXOLOGY is free to withdraw such Files and any New Remix based here upon from its service and website at any time.
  5. User as a Supplier can decide if he/she wants to judge who the winner(s) are of their Competition based on the Files uploaded during the competition. If User as a Supplier declines to judge, REMIXOLOGY will arrange, at its own discretion, for the judgement of the winner(s).
  6. If Supplier wants to exploit the winner’s New Remix created based on the Files REMIXOLOGY fully transfers the rights in such New Remix to Supplier who shall be fully responsible for the exploitation, payment and further rights clearance.
  7. Any exploitation of the Files as a New Remix shall be compensated as set out according to § 4.
  8. For clarification purposes: All rights in any New Remix based on the Files are transferred to REMIXOLOGY according to § 2 of II. Section.

5. RENUMERATION

  1. For the transfer of the rights the User as a creator of a New Remix shall receive a royalty for the exploitation of the New Remix through REMIXOLOGY or any of REMIXOLOGY’s licensors. The User shall receive a remuneration of 15 (fifteen) % of REMIXOLOGY’s net receipts from the respective exploitation. If the User is the Supplier of the Files for a New Production he shall receive 70 (seventy) % of REMIXOLOGY’s net receipts from the exploitation. The same shall apply for any New Production exploited through REMIXOLOGY.
  2. The statement of payment for User is due 31.3., 30.06., 30.9. and 31.12. of each calendar year within 60 (sixty) days after the billing date in USD. The remuneration will be paid to User to his bank account communicated with the effect of fulfilment. If the remuneration does not exceed within an accounting period an amount of USD $50 for a Supplier for original recordings for a “Remix Me” Competition and USD 5.00 for any other User, these amounts are credited and paid with the next accounting period, as soon as the respective threshold is exceeded.

6. LIABILITY

It is agreed that REMIXOLOGY is only providing a technical platform for creating new recordings. REMIXOLOGY is not obliged to provide any rights clearing with respect to Files or New Remixes or New Productions.

7. TERM

This Agreement for the under the II. Section is concluded for the Exploitation Period, which is 2 (two) years and is extended automatically for periods of each one further year, if not terminated in writing (E-Mail sufficient).