By submitting your music, including but not limited to associated sound recordings, musical compositions, musical arrangements, vocals, and lyrics, (“Work”) to Memorial Productions, a Minnesota DBA, you are accepting all of the terms set within this legal and binding Agreement. This agreement pertains to all Work(s) submitted to Memorial Productions. “Memorial Productions website” as used herein includes site located at the URL http://www.memorialproductions.com, as well as its similar sites for social applications (including but not limited to Memorial Productions’s website on OpenSocial and the Facebook Platform).
- Memorial Productions may periodically revise the terms of this Agreement by sending a notice to you (“Owner”) at Owner’s email of record. Upon receipt of such notice, Owner will have fifteen (15) days to object (“Notice of Objection”) to any change in this Agreement. If Owner does not object within fifteen (15) days by sending a Notice of Objection to customerservice@memorial productions.com, then Owner agrees to be bound by such revisions to this Agreement.
- The term of this Agreement shall commence as of the date first written above and end at such time that either party hereto provides the other party with a thirty (30) day written notice to terminate this Agreement (the Term). Paragraphs 5-12 and 15 shall survive any termination or expiration of this Agreement.
- Owner hereby grants to Memorial Productions the worldwide, non-exclusive, royalty-free right and license to encode, store, perform, display, copy, transmit, broadcast, market, and make available to its users for creation of a Memorial Productions video, the Work in its entirety, or versions, derivative works, or excerpts thereof, on the Memorial Productions website for the Term. Such rights to the Work shall cover all territories throughout the world. Memorial Productions shall also have the right to screen the Work on its websites or on the Internet site of any third party at Memorial Productions sole discretion. There shall be no limitation on the number of times that Memorial Productions or its designee can screen the Work during the Term or any extension thereof.
- Owner shall provide Memorial Productions with the Work to be encoded, transmitted and distributed by Memorial Productions as provided herein in: CD, VHS (NTSC) or CD-ROM / Zip disks as uncompressed .AVI files or such other format that is acceptable to Memorial Productions.
- Owner hereby grants to Memorial Productions and its users a perpetual, irrevocable, worldwide, non-exclusive, royalty free right and license to use, copy, share, and display, as contemplated by Memorial Productions website, a Memorial Productions video containing the Work in its entirety, or versions, derivative works, or excerpts thereof, wherein the Memorial Productions video was created by the Memorial Productions user during the Term.
- Owner shall not be entitled to any compensation or fee for the rights granted herein.
- Nothing in this Agreement shall be deemed to obligate Memorial Productions to use, display, make available, promote, or sell or distribute the Work, or to continue such if displayed on the Memorial Productions website, or otherwise to exploit any rights granted to Memorial Productions hereunder.
- Owner hereby represents and warrants that (a) the Work is original; (b) the Work and the licenses granted to Memorial Productions hereunder do not and will not infringe upon or violate the copyrights or other statutory or common law rights of another party; (c) Owner has the sole and entire right, power and authority to enter into this Agreement, (d) no adverse claim exists with respect to the Work; (e) the Work has not previously been published or exploited anywhere in the world; (f) Owner has the sole and entire right, power, and authority to grant the rights granted to Memorial Productions hereunder, (g) Owner owns and controls the Work and all rights in it throughout the world; and (h) any and all materials included in the Work are works made for hire and free from reversionary rights therein.
- All of the following have been discharged or paid or will be discharged or paid by Owner or persons other than Memorial Productions:
- All claims and rights of the copyright holders, if any, in literary, dramatic, musical or other material, including stories, plays, scripts, scenarios, themes, incidents, plots, characteristics, dialogue, music, words appearing, used or recorded in Owner’s Work.
- All obligations, of any kind, including, without limitation, those with artists and personnel, relating to purchases, licenses, laboratory contracts, distribution, exhibition, performance or exploitation of Owner’s Work.
- Any payments required to be made to any performing rights society or to anybody or group representing authors, composers, musicians, artists, and other participants in the production of Owner’s Work, publishers or other persons having legal or contractual rights of any kind to participate in the receipts of Owner’s Work or to payments of any kind as a result of the distribution or exhibition of Owner’s Work and any taxes thereon or on the payment thereof.