We are excited you want to join IndieHeaven in our efforts to support and distribute your music globally. This is a NON-exclusive, contractual relationship. You are free to promote and distribute your music anywhere you like, you're independent!
Don't freak out over our agreement, we've NEVER had ANY issue with ANY member ever, and if we did, we would make it right. We want to be a blessing to you, not a curse. We do not care for legal-ese mumbo-jumbo too.
SOME DEFINITIONS USED:
- Effective Date: the date you accept this agreement by clicking on the “I Have Read and Agree to the Indieheaven.com User Agreement” checkbox.
- Agreement: the Internet Services Agreement that follows.
- Artist: that would be you, and if you are a part of a band, then the reference to Artist includes the entire band. Artist also includes your production company, manager or companies.
- Authorized preview: a preview that is unique, from one fan.
- IH: that is short for IndieHeaven.com.
- Artist(s) Material: this includes, but is not limited to your audio material, video material, logos and text, your photos and likenesses, Artist's name, voice, signature (authentic or reproductions), picture, image, caricature, unique personal characteristics, nicknames, initials, statistics, biographical information and any and all other references to Artist's persona, personality or preferences and any other indicia of Artist's identity. Basically, anything the Artist supplies to IH to promote the Artist.
- Term: this starts the day you join IH membership, and ends 30 days later. The term is automatically renewed unless we are notified via the cancellation form located in the artist administration section of your intent not to renew. Members cannot cancel via phone. Cancellation must be through our offical form.
- Artist Merchandise: items you already have and you want to offer for sale through IH.
- Compensation: Funds IH owes you for sales of your music.
- IH Property: anything that belongs to IndieHeaven. This includes IH copyrights, patents, logos, trademarks, service marks, trade names, programming, computer code, client lists, marketing information, merchandising costs, names, images, likenesses and/or other intellectual property.
INTERNET SERVICES AGREEMENT:
- This Agreement is made and entered into as of the Effective Date between IH and the Artist.
- WHEREAS, Artist is a Member of Indieheaven.
- WHEREAS, IH is a provider of interactive content to music enthusiasts through various platforms on the Internet.
- WHEREAS, IH and Member desire to enter into this Agreement to set forth the terms upon which Member shall create and manage their online presence utilizing the tools IH provides during the Term.
- NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as set forth herein:
- 1.1. IH Services. IH shall provide and maintain the web site known as www.indieheaven.com; and all online/Internet connectivity and hosting services (including the necessary hardware and software).
- 1.2. Member Services. Member agrees to:
- 1.2.1. create and provide IH with Member Material;
- 1.2.2. use its best efforts, and to cause Member's representatives to use their best efforts, to favorably mention and refer to IH in interviews and other appearances.
- 1.2.3 NOT upload any Parental Advisory Material. The Recording Industry Association of America (RIAA) defines this as: …recordings identified by this logo may contain strong language or depictions of violence, sex or substance abuse.”
- 1.2.4 refrain from repeated clicking of members own songs, banners, and self-rating on our charts.
- 1.2.5 not affiliate, associate or link IH in any manner, to any kind of pornographic site.
PLEASE NOTE: In connection with the services to be rendered by Member hereunder, Member hereby agrees that Member shall not upload, post, email or otherwise transmit any materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that might reasonably be considered to infringe upon a third party’s trademark, service mark copyright, patent, and/or right of publicity
IH reserves the right, within IH sole discretion, to remove any of Member materials from IH website (although IH has no duty to do so).
2. Membership Support.
- 2.1. There is a yearly membership support of $240.00 for the SOLD OUT ARENAS Tier.
- 2.2 Membership fees are non-refundable. If a member cancels their account before their renewal date, no refunds will be issued or membership prorated.
- 2.3 After the year term is completed, the member rolls over to our month to month plan of $19.95 per month.
3. Net Merchandising Proceeds.
- 3.1. Member hereby grants IH the NON-EXCLUSIVE right to receive orders for member's music to the public, the compensation to Member, at ONE HUNDRED percent (100%) of price the member sets.
- 3.2. No Additional Compensation. Member understands and agrees that the compensation set forth in this Section 3 constitutes the full and complete consideration paid to Artist for all services rendered and rights granted hereunder by Members.
- 3.3. Payments and Records.
- 3.3.1. For Member Merchandise, Member Compensation shall be payable by IH to Member when member income balance reaches +$25.00. IH will pay Member within 14 days via paypal, or check if preferred.
- 4.1. Member hereby grants to IH a NON-EXCLUSIVE license to use, display, distribute, broadcast, transmit, electronically scan, digitize and otherwise make available by any and all means the Member Material throughout the universe in any and all languages to promote Member.
- 4.2. In connection with this Agreement granted herein, Member agrees that during the Term IH shall have the right, but not the obligation, to link to Member's website(s).
- 4.3. Member shall not acquire any right under this Agreement to use, and Member shall not use IH Property without IH prior written consent, which consent IH may grant or deny in its sole discretion.
- 4.4. All right, title and interest in and to any and all materials furnished by Artist for or in connection with the services rendered hereunder, shall be, the Member sole and exclusive property during and after the Term.
5. Publicity Limitations. Both parties mutually agree to not slander, malign or in any manner debase each other.
6. Representations and Warranties. Member represents and warrants that (a) it has the right to enter into and fully perform this Agreement (b) Member also represents and warrants that there are no liens or encumbrances against any of the Material, which would be inconsistent with the rights granted to IH hereunder.
7. Mechanical License. The Member also represents they have all rights to perform the song and when necessary, have obtained a mechanical license in compliance with the United States Copyright Act or other applicable governing body. Member also agrees to furnish IH a copy of the license upon request.
8. Indemnification. Member shall indemnify, defend and hold harmless IH from and against all claims, costs, liabilities, judgments, expenses and damages (including reasonable attorneys' fees and costs) arising from or related to any breach of any representation or warranty set forth.
9. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND EXCEPT IN CONNECTION WITH A BREACH OF SECTIONS 5, 6, AND/OR 7 HEREOF, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THIS AGREEMENT OR THE BREACH OF ANY TERM, COVENANT, REPRESENTATION, WARRANTY OR OBLIGATION CONTAINED HEREIN.
10. Term and Termination.
- 10.1. Term. This Agreement shall commence as of the Effective Date and continue in effect until the Member cancels (terminates) by using the cancellation form located in the artist administration section ONLY. Cancellation by email or phone is not accepted.
- 10.2. Effects of Termination. IH shall pay Member all payments due at the conclusion of the accounting period in which such termination occurs.
- 10.2.Term shall automatically renew at the end of the current term unless member cancels before the end of their term.
11. Notices. If you need to notify us, here is our address:
1007 Solomon Lane
Spring Hill, TN 37174
Att: Keith Mohr
12. General. This Agreement constitutes the entire agreement between IH and Member in connection with the subject matter hereof and supersedes any and all prior agreements and understandings (whether written or oral) between the parties and any representatives. IH reserves the exclusive right to modify and/or amend this agreement from time to time. If any portion of a provision of this Agreement is deemed invalid or unenforceable as a matter of law, such provision shall be enforced to the greatest extent permissible by law. Nothing contained herein shall be construed as creating a joint venture, employment relationship or partnership between Artist and IH. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of Tennessee.
I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE INDIEHEAVEN.COM INTERNET SERVICES AGREEMENT:
I am over the age of 18, and have authority to accept for the Artist.
If you agree and continue on with the signup process, you are signing up for Indieheaven for a fee of $240.00 per year.
Please make SURE you are able to receive emails from the email account you list as your contact email. Make sure to allow ANY emails from indieheaven.com to be sent to your inbox.
If you have any problems signing up, please let us know ASAP at firstname.lastname@example.org. .