Contributor's Agreement
Version
2.4 (November 2004)
This
Agreement describes the legal relationship between you (an individual,
representing yourself, or if applicable, acting as legal representative
for a group, company or corporation) and
ShareSong.org (collectively
referred to in this Agreement as "we or "us").
Please
read this document carefully; by clicking "I AGREE"
below, you will become a party to, and will be bound by this Agreement
with respect to both your previously and newly uploaded materials to
ShareSong.org.
Do not proceed to upload your material if you do not agree with any of the
terms and conditions of this Agreement.
1. MATERIAL PUBLICATION
In
order to be involved in ShareSong.org you must provide
us with material for
at least one musical composition(s).
Subject
to the conditions of this Agreement, this material will be included for
publication in the ShareSong.org database.
By
the act of delivering song material, you grant to us a non-exclusive,
royalty-free, worldwide licence to publicly display,
and distribute the material provided by third parties, through any medium
now known or hereafter devised for the purpose of demonstrating, promoting
or distributing your or our products or services.
In
Section 3, Licensing,
of the ShareSong.org Use Agreement, users are encouraged to "make
every effort to register the download and subsequent use of the material
with CCLI (Christian Copyright Licensing
International) if the work is used in the context of an activity and that
church has a CCLI licence."
3. TERMINATION OF LICENCE
Subject
to the provisions contained in Section 8, "Term and Termination"
below, you may terminate your license to us to list your material on our
site at any time by emailing the database
administrator.
4. REVENUE
We
reserve the right to use any revenue gained through ShareSong.org (e.g.
any donations, referral links) as we see fit for the development of the
ShareSong.org site (see Manifesto
> Money).
5. QUALITY
Material
submitted will be screened before publication to ensure that it is in
accordance with the Statement
of Faith and that it is fit for use by our users.
Ongoing
maintenance of the material is the responsibility of the Contributor.
We shall not be responsible for any damage of the material either by
sabotage, hardware failure, software failure or any other unforeseen
circumstance.
If material in the database is deemed to be unfit for publication it may be deleted at any time.
6. OWNERSHIP OF COPYRIGHT
You
(the contributor/songwriter) retain ownership of the copyrights and all other rights in the
intellectual property furnished by you for our use hereunder, subject only
to the non-exclusive rights granted to us under this Agreement. You are
free to grant similar rights to others during and after the term of this
Agreement.
7. REPRESENTATION AND WARRANTIES
The
term "Material" means anything that you submit to us or post on
the Website.
You
represent and warrant that;
(a)
we or our users shall not be required to make any payments in respect of
the authorised use of your Material, including, without limitation,
payments to you, third parties claiming through you or otherwise, music
publishers, mechanical rights agents, performance rights societies,
persons who contributed to or appear in your Material, your licensors,
unions or guilds;
(b)
you have the full right and power to enter into and perform this
Agreement, and have secured all third-party consents, licences and
permissions necessary to enter into and perform this Agreement;
(c)
the Material does not contain "samples" of any third party's
sound recording or musical composition and will not infringe on any third
party's copyright, patent, trademark, trade secret or other proprietary
rights, rights of publicity or privacy, or moral rights;
(d)
the Material does not and will not violate any law, statute, ordinance or
regulation;
(e)
the Material is not and will not be defamatory, trade libellous,
pornographic or obscene;
(f)
the Material does not and will not contain any viruses or other
programming routines that detrimentally interfere with computer systems or
data;
(g)
all factual assertions that you have made and will make to us are true and
complete; and
(h)
you are of legal age of consent in all applicable jurisdictions and, in
any event, are at least eighteen (18) years of age.
You
agree to indemnify and hold us, our licensees and customers harmless from
any and all damages and costs arising out of or related to your breach or alleged breach of the
representations and warranties described in this Section. You agree to
execute and deliver documents to us, upon our reasonable request, that
evidence or effectuate our rights under this Agreement.
You,
as the Copyright Owner of the Material, are free to pursue legal action
against any party that uses your work for any commercial purpose without
your express permission.
8. TERM AND TERMINATION
Upon
termination of this Agreement, all of our license rights terminate.
We shall use all reasonable efforts to discontinue public access to your
Material promptly upon termination.
9. NOTIFICATIONS AND INFRINGEMENT
Upon
receipt of notice, we will act expeditiously to remove or disable access
to any Material claimed to be infringing or claimed to be the subject of
infringing activity, and we will act expeditiously to remove or disable
access to any reference or link to Material or activity that is claimed to
be infringing. Notwithstanding anything contained in this Agreement, you expressly consent to our disclosure of
your personally identifiable and all other personal information in the
event that you or your Material is the subject matter of any such
infringement claim.
10. DISCLAIMER
The
website is and the service it renders are provided on an "as is"
and "as available" basis without warranties of any kind, either
express or implied. We make no warranty, express or implied, that
these services will be uninterrupted, timely or error-free.
11. WAIVER OF CERTAIN DAMAGES
Except
for damages related to a breach of the section titled
"representations and warranties," neither you nor us will be
liable for any consequential, indirect, exemplary, special or incidental
damages arising from or relating to this agreement.
12. MODIFICATION OR AMENDMENT OF THIS AGREEMENT
We reserve the right modify this Agreement. In the unlikely event that the agreement changes in a way that will affect the contributor's copyright you will be notified by email of any proposed changes at least five (5) days prior to their effective date.
In the event that you do not consent to any such modifications you can
request to have your songs removed and thus terminate this Agreement.
