MBM Digital Inc.
Suite 301, 145 Keefer Street, Vancouver, BC V6A 1X3 T. 604.633.9489 F. 604.874.9484
MUSIC MATERIALS LICENSE
TO: MBM DIGITAL INC. (“Producer”)
RE: “RPM.fm” (the “Digital Media Project”)
FOR good and valuable consideration, the receipts and sufficiency of which is hereby acknowledged, to have the musical compositions listed above (the “Material(s)”) included in the Digital Media Project entitled “RPM.fm” (the “Digital Media Project”) I grant to the Producer, its successors, assigns and licensees a license which I may not revoke to incorporate, use and reproduce the Materials listed below, in and in connection with the Digital Media Project in any manner and in all media in all territories throughout the world, in perpetuity, including, without limitation, for streaming, to offer as free downloads, and as part of podcasts produced by Producer. Nothing in this agreement obligates the Producer to use the Material(s) in the Digital Media Project.
For clarity, I understand that by posting my Materials, I am granting Producer a non-exclusive, royalty-free license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Materials on, through or in connection with Producer’s Digital Media Project,. This limited license does not grant Producer the right to sell or otherwise distribute the Materials outside of the Digital Media Project. Producer will use reasonable efforts to remove the Materials if so requested by me, but is under no obligation to do so, and I understand that that once Materials are downloaded or otherwise used or exploited in any manner that is consistent with this agreement, Producer is under no obligation to delete or ask other users to delete the Materials, and therefore it may continue to appear and be used indefinitely.
I represent and warrant that I am the sole and exclusive owner of all rights (including copyright) in and to the Material(s), and that I have the authority to grant to the Producer the right to use the Material(s) as described above, that such use will not violate or infringe upon any rights of any third party, and that no further permission, release or consent is required from and no compensation is payable to any other entity in connection with the Producer’s use of the Material(s). I agree to indemnify and hold harmless the Producer, its successors, assigns and licensees, from and against any and all claims, actions, damages, liabilities, costs and expenses arising out of or in connection with a breach of the foregoing representations and warranties. I agree that in no event shall I be entitled to injunctive or equitable relief in connection with a breach of this agreement, nor shall I otherwise interfere with the use and enjoyment of the rights granted in this agreement.
I hereby waive in favour of Producer and its successors, assigns and licensees all moral rights of authors whatsoever nature in and to the Material(s).
I understand that this agreement constitutes a binding contract between myself and Producer, and that by submitting the Materials and registering as a member, I hereby represent that: (i) I have read and understand this agreement and agree to be bound by its terms; and (ii) I am at least 19 years of age.
The terms of this agreement may be amended by Producer from time to time in its discretion, and a copy of such amended terms will be posted at http://www.rpm.fm. I understand that if I object to such amended terms, my sole remedy is to request that my Materials be removed from the Digital Media Project, and that Producer shall use reasonable efforts to remove my Materials. Otherwise, I agree that I will be deemed to have accepted the agreement as amended 30 days after the amended terms are posted. In the event of such amendment, all other terms of this agreement will remain in effect.
Producer reserves the right to deactivate my account, remove the Materials, suspend use of services, and/or reject, refuse to post or delete any Materials for any or no reason, including, but not limited to, posting “Prohibited Content”, posting Materials that, in the sole judgment of Producer, violate this agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity for any reason. Producer assumes no responsibility for monitoring the Digital Media Project for inappropriate Materials or conduct. If at any time Producer chooses, in its sole discretion, to monitor the Digital Media Project Materials, Producer nonetheless assumes no responsibility for the Materials, no obligation to modify or remove any inappropriate Materials, and no responsibility for the conduct of the user submitting any such Materials. I agree that I am solely responsible for the Materials that you post on, through or in connection with any of the Digital Media Project, and any material or information that you transmit to other members and for your interactions with other users.
Prohibited Content, includes, but is not limited to, Materials that, in the sole discretion of Producer:
- Are offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- exploit people in a sexual or violent manner;
- constitute or promote illegal or unauthorized copying of another person’s copyrighted work.