US Terms and Conditions
- These Terms and Conditions shall be binding in respect of any use of the Material (as defined below);
- Participation is open to individuals worldwide;
- Nothing contained in these terms and conditions or in the act of making the Materials available on the Website shall give to any Users or any other third party any rights in and to the Material and/or the User Music Video or the underlying compositions embodied therein save as specifically stated herein. All rights in and to the Materials (whether as part of a User Music Video or otherwise) and User Music Video shall remain vested in the Artist and Label (as defined below) and user shall not have any right to use or exploit any User Music Video save as specifically allowed hereunder or agreed with the Artist and Artist’s label, Matador Records (“Label”) directly.
- By downloading the Materials Users agree to be bound by the terms and conditions contained herein and that any use of the User Music Video shall be in accordance with the terms and conditions contained herein only;
- There is no entry fee and no purchase necessary to enter this Competition.
- After Matador has posted the User Music Video Users will be entitled to upload their User Music Video to their personal free to end user YouTube Channel only. All other uses or exploitation including without limitation any commercial exploitation of the User Music Video is prohibited unless agreed specifically with Label and Artist.
- Users are not entitled to monetise in any way or otherwise commercially exploit a User Music Video.
- In the event that a User Music Video is taken down from YouTube, Users should email a link to the relevant page to [email protected] and Label and/or Artist shall use reasonable endeavours to have such take downs reinstated. Users may be able to minimise the risk of take down by emailing a link with the User Music Video to the above email address confirming use on Youtube prior to use. Neither Label nor Artist accepts any responsibility for any takes downs but will use reasonable endeavours to have User Music Videoes reinstated. Reinstatement is always subject to compliance of Soundcloud and/or YouTube and User not being in breach of these terms and conditions.
- Participation is open to Users over the age of eighteen (18).
- By downloading the Material, each User hereby confirms and agrees that Label and Artist are the first owners of the entire copyright and all other rights in and to any User Music Video remixed by that User using the Material hereunder and all reproductions made from the performances embodied therein and the copyrights if any in and to the User Music Video shall be entirely Label’s property free of any claims whatsoever by User or any person firm or corporation deriving any rights or interests through or from User or any third party and for the purposes of US copyright law the User Music Videoes and the products of User’s services hereunder will be a work made for hire. To the extent that any rights to the User Music Video (or any part thereof) vest in the User then by downloading the Materials and in consideration of $1, receipt and sufficiency of which is hereby acknowledged, Users hereby assigns all rights, title and interest (future, contingent or present) in and to the User Music Video to Label irrevocably with full title guarantee throughout the world for the full period of copyright (including any renewals, revival and extension). Without limitation of the foregoing, Label and their designees shall have the worldwide rights in perpetuity to manufacture sell distribute exploit and advertise records embodying such recordings (i.e. any User Music Video) by any method now or hereafter known to release records under any trademarks trade names or labels to perform the records or other reproductions publicly and to permit public performance thereof by broadcast television or any other method now or hereafter known all upon such terms and conditions as Label may approve and to permit others to do any or all of the foregoing or Label may at their election refrain from any or all of the foregoing.
- 1Notwithstanding the foregoing, by downloading the Material Users hereby agree to enter into any further documentation required by Label and/or Artist to confirm the rights to the User Music Video or otherwise;
- If so requested, Users will supply Label and/or Artist with all label copy and any ISRC (if one has been assigned) and confirmation of any samples included in the User Music Video. In the event that Label and/or Artist further exploit any User Music Video Users shall not be entitled to any remuneration in respect of the same.
- Users warrant that they shall not incorporate any so-called “sample” into any User Music Video hereunder without Label’s prior written approval thereto and Users shall in any event be responsible for obtaining and paying for licenses from the owners of the rights in the sound recording and musical composition embodied in any approved sample so incorporated therein. Any samples that any Users incorporate into a User Music Video is done at Users own risk and liability.
- Users further warrant that they are fully entitled and free to enter into these terms and conditions and make the warranties and grant of rights herein; and use of the User Music Video shall not infringe or violate the copyright or performer's right or right of privacy or publicity or moral right or any other right of any person or common law or statutory rights of any third party and will not be defamatory or obscene;
- Users, by downloading the Materials, agree and do indemnify and hold harmless the Artist, Label and their licensees and assigns from any and all claims loss and damage (including reasonable legal fees) arising out of or connected with i) any claim by a third party which is inconsistent with any of the warranties or representations made by users in this contract or ii) any use of the User Music Video by Label, Artist or authorised by Label and/or Artist.
- Label and Artist reserve the right to take down any User Music Video for any reason in their absolute discretion;
- Label and Artist’s decision about any take down of a User Music Video shall be final and no further use of such User Music Video may be made without the further approval of Artist and Label;
Notwithstanding the foregoing, by downloading the Material Users acknowledge that the internet is not a secure medium and information submitted to this Website or any other third party website may be accessed by third parties and neither Label nor Artist accept any liability for third party interaction and/or interface;
- Label and Artist accepts no responsible or liability for i) technical, hardware, or software failures of any kind or lost or unavailable network connections which may limit or prohibit a User’s ability to download the Materials or email the address stated above; or ii) any take down of any User Music Video.
- Label reserves the right to amend these terms and conditions at their discretion;
- Unless prohibited by law, submitting a User Music Video to the email address above constitutes permission to use Users names and likenesses in all media for publicity purposes without any further compensation, including without limitation being published on the Website or affiliated websites.
- By downloading the Materials, users will be deemed to have read, understood, accepted and agree to be bound by these terms and conditions and to confirm to all laws and regulations.
- By downloading the Material, Users agree to release and hold harmless Artist, Label, its parent company, subsidiary and affiliated entities, directors, officers, employees, attorneys, agents and representatives from any damage, injury, death, loss, claim, action, demand or other liability that may arise from their downloading the Material, creating a User Music Video and uploading the same as allowed and any other participation hereunder (including without limitation any loss caused by any errors or changes made by third party providers), or a breach by the User of these terms and conditions. Nothing in these terms and conditions shall limit Label or Artist’s liability for death or personal injury caused by their employees or agents’ negligence or for fraud;
- In addition to the foregoing, by downloading the Materials, Users give to Label and Artist the worldwide non-exclusive right in perpetuity to use and to permit others to use Users name, professional name and approved likeness and approved biographical material on all labels jackets inserts and card inlays of phonograph records and tapes embodying any of the masters and for advertising purposes in connection with such records and tapes. Label shall use reasonable endeavours to procure that user shall be given credit on all sleeves and card inlays.
- Neither party to these terms and conditions shall be liable for any failure or delay in performance under these terms and conditions to the extent that such failure or delay are caused by conditions beyond their reasonable control, including but not limited to acts of God, government restrictions, wars, insurrection.
- If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.
- These terms and conditions and the content contained therein (including without limitation the Material and any User Music Video) shall be governed by law of the state of New York and by participating all Users agree that all disputes shall be submitted to the exclusive jurisdiction of the courts of the state of New York.