Indiehitmaker

Terms

IHM Terms & Conditions Agreement (TOS) 2015

  1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
    The following indiehitmaker.com / PolyPlat Records Artist Development Services Division (PolyPlat Records ADSD) terms of service (“TOS”) shall serve as a non-exclusive contractual agreement between PolyPlat Records ADSD, PolyPlat Records, (“Parent Label”), and you, the artist or official representative of the artist (“Artist”). As a PolyPlat Records ADSD Recording Artist, you must adhere to the following Terms of Service (TOS) and any operating rules or policies that may be published by PolyPlat Records. This TOS comprises the entire agreement between Artist and IndieHitmaker.com / PolyPlat Records and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TOS.

  2. DESCRIPTION OF SERVICE
    PolyPlat Records Artist Development Services Division will provide Artist career advancement services such as, but not limited to, the capability to report via fax or the World Wide Web qualified venue sales to SoundScan through PolyPlat Records’ proprietary system. Artist must: (1) provide all equipment, including a fax and the computer and modem or mobile device, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and telephone lines and pay any telephone service fees associated with such access. In consideration for this Service, Artist agrees to: (1) provide certain current, complete, and accurate information about Artist as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data (“Registration Data”). Furthermore, Artist grants PolyPlat Records, the right to disclose to third parties (e.g. SoundScan, Billboard) certain Registration Data about Artist and Service Membership in the aggregate; however, such disclosures will exclude Artist’s name, email address, and account, unless: (1) Artist expressly directs PolyPlat Records, or any other person Artist may specifically designate to disclose such information through the Service as provided by the Service or (2) PolyPlat Records is required to disclose such information by any applicable law or legal process served on PolyPlat Records. If any information provided by Artist is inaccurate, PolyPlat Records retains the right to terminate Artist’s Membership and rights to use the Service.

  3. ARTISTS CONTENT RIGHTS

    • 3.1. Your Grant of Rights to PolyPlat Records / indiehitmaker.com You hereby grant PolyPlat Records / indiehitmaker.com a non-exclusive, worldwide, royalty-free license to use your name and logo (“Brand Features”), in connection with (i) advertising and promoting your Music, images, bio (“Content”), and your other artistic work generally via the Site (indiehitmaker.com), and (ii) advertising and promoting our Websites and Services. No compensation will be paid by PolyPlat Records / indiehitmaker.com with respect to our use of your Brand Features under this grant.

    • 3.2. Rights You Must Have in Your Content. When you register Content with us through our Services, whether reporting sales to SoundScan or using other IHM tools, you represent and warrant (i) that you hold all rights needed to grant requisite rights under Section 3.1 (Your Grant of Rights to PolyPlat Records / indiehitmaker.com); (ii) that you own the copyright in all Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the Content under “fair use” principles); and (iii) that each person depicted in images or identified in text in your Content (if any), has provided you with consent to use the Content as set forth in these Terms.

    • 3.3. You Retain All Your Current Content Copyrights. PolyPlat Records / IndieHitmaker.com does not claim any ownership of the Content you submit through our registration process or otherwise provide through the Site. All of your existing Content copyrights (Music, etc.) remain exactly as they were before entering into this agreement.

  4. MODIFICATIONS TO TERMS OF SERVICE
    PolyPlat Records may change the terms and conditions of this TOS from time to time. Upon any change in the terms and conditions of the TOS, PolyPlat Records will notify you by posting and notifying you of changes via contact information you provide. Artist’s continued use of the Service constitutes an affirmative: (1) acknowledgment by Artist of the TOS and its modifications; and (2) agreement by Artist to abide and be bound by the TOS and its modifications.

  5. MODIFICATIONS TO SERVICE
    PolyPlat Records reserves the right to modify or discontinue the Service with notice to Artist. PolyPlat Records shall not be liable to Artist or any third party should PolyPlat Records exercise its right to modify or discontinue the Service.

  6. PRIVACY POLICY
    It is PolyPlat Records’s policy to respect the privacy of its Artists. Therefore, in addition to the privacy of registration data as discussed in Section 2 above, PolyPlat Records will not monitor, edit, or disclose the contents of a Artist’s private data unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on PolyPlat Records; (2) protect and defend the rights or property of PolyPlat Records; or (3) act under exigent circumstances to protect the personal safety of its Artists or the public. Artist acknowledges and agrees that PolyPlat Records neither endorses the contents of any Artist communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby. Artist acknowledges and agrees that certain technical processing of content may be required to: (1) send and receive messages; (2) conform to connecting networks’ technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.

  7. ARTIST ACCOUNT, PASSWORD, SECURITY AND EMAIL OPT-IN
    Once you become an Artist of the online Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions. Artist agrees to immediately notify indiehitmaker.com / PolyPlat Records of any unauthorized use of Artist’s account or any other breach of security known to Artist. This agreement shall also serve as your opt-in confirmation to add the primary account holder’s email address to Parent Label’s artist roster mailing list to receive notifications, promotions and special offers from the Parent Label or Service.

  8. ARTIST NAME AND LIKENESS
    By registering for and maintaining an Account, you grant to indiehitmaker.com / PolyPlat Records a non-exclusive license to use throughout the universe the professional name of Artist, likenesses, other identifications (e.g. song and album names), and biographical material posted on the Band Website concerning Artist (collectively the “Artist Materials”) solely in connection with the advertising and promotion of Artist and indiehitmaker.com / PolyPlat Records, or to refrain therefrom.

  9. DISCLAIMER OF WARRANTIES
    ARTIST EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT ARTIST’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POLYPLAT RECORDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. POLYPLAT RECORDS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES POLYPLAT RECORDS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. ARTIST UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ARTIST’S OWN DISCRETION AND RISK AND THAT ARTIST WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ARTIST’S COMPUTER \ SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. POLYPLAT RECORDS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ARTIST FROM POLYPLAT RECORDS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  10. LIMITATION OF LIABILITY
    POLYPLAT RECORDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF ARTIST’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFTOS, USE, DATA OR OTHER INTANGIBLE, EVEN IF POLYPLAT RECORDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  11. NO RESALE OR COMMERCIAL USE OF THE SERVICE
    Artist’s right to use the Service is personal to Artist. Artist agrees not to resell or make any commercial use of the Service, without the express consent of PolyPlat Records.

  12. DATA STORAGE AND OTHER LIMITATIONS
    PolyPlat Records assumes no responsibility for the deletion or failure to store data. PolyPlat Records retains the right, at PolyPlat Records’s sole discretion, to determine whether or not Artist’s conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Artist’s conduct is found to be inconsistent with the TOS.

  13. ARTIST CONDUCT
    Artist is solely responsible for the contents of his or her venue sales report numbers through the Service. Artist’s use of the Service is subject to all applicable local, state, national and international laws and regulations. Artist agrees: (1) not to use the Service for illegal purposes; (2) not to interfere or disrupt networks connected to the Service; and (3) to comply with all regulations, policies and procedures of networks connected to the Service, including Neilsen SoundScan. For online reporting, the Service makes use of the Internet to send and receive certain messages; therefore, Artist’s conduct is subject to Internet regulations, policies and procedures. Artist agrees not to transmit false or otherwise objectionable reporting of any kind or nature. Artist further agrees not to use the service in any way that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Artist shall not interfere with another Artist’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services. PolyPlat Records may, at its sole discretion, immediately terminate Service should Artist’s conduct fail to conform with these terms and conditions of the TOS.

  14. INDEMNIFICATION
    Artist agrees to indemnify and hold PolyPlat Records, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Artist’s use of the Service, content provided by the Artist, the violation of this TOS by Artist, or the infringement by Artist, or other Artist of the Service using Artist’s computer, of any intellectual property or other right of any person or entity.

  15. TERMINATION
    Either Artist or PolyPlat Records may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. indiehitmaker.com / PolyPlat Records shall not be liable to Artist or any third party for termination of Service. Should Artist object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Artist’s only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service Membership; and (3) notify PolyPlat Records of termination in writing. Upon termination of the Service, Artist’s right to use the Service and Software immediately ceases. Artist shall have no right and PolyPlat Records will have no obligation thereafter to forward any unsent reports to Artist, Neilsen Soundscan or any third party.

  16. NOTICE
    All notices (including account termination) to a party shall be in writing and shall be made either via email or conventional mail. indiehitmaker.com / PolyPlat Records may broadcast notices or messages through the Service to inform Artist of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Artist.

  17. PARTICIPATION IN PROMOTIONS OF PARENT LABEL, SERVICE AND/OR TOS ADVERTISERS
    Artist agrees that indiehitmaker.com / PolyPlat Records can use Artist name, logo, brand, artwork or sound recordings to promote Parent Label and service without approval or permission of Artist. Also Artist may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service without approval or permission of Parent Label. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Artist and the Advertiser. PolyPlat Records assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

  18. PROPRIETARY RIGHTS TO CONTENT
    Artist acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Artist by the Service (“Content”) by indiehitmaker.com / PolyPlat Records or PolyPlat Records’ Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Artist is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Artist may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

  19. LAWS
    The TOS shall be governed by and construed in accordance with the laws of the Georgia, excluding its conflict of law provisions. Artist and indiehitmaker.com / PolyPlat Records agree to submit to the exclusive jurisdiction of the courts of Georgia. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. PolyPlat Records’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PolyPlat Records in writing. Artist and PolyPlat Records agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

About IHM

Indiehitmaker (IHM) is the cornerstone of PolyPlat Records ADSD, the Artist Development Services Division that provides independent, unsigned and DIY artists the same advantages as major label recording artists. We make your sales and streams count by working with Nielsen's authenticated partners and BuzzAngle directly to... +more

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