VERSION: 2900B

THE AGREEMENT

Atlantic Wave Media (“Atlantic Wave Media”), Offers the unique opportunity for individuals or entities to submit one or more original music Works (typically by upload of computer files containing the Work(s)), to have such Works exposed to and made available for Broadcast, and to receive Attribution for such Broadcast of the Work(s) (“Service”). To take advantage of this Service, the persons submitting the Work(s) here by agree to the following Terms of Use.

Terms of Use

All submitted Works, as defined below, are provided under the terms of a Public License, as follows:

1. Definitions

“Attribution” means recitation of the name of the author of a Work and the Work’s title within a reasonable time after the work is Broadcast and/or display of the author of a Work and the Work’s title within a reasonable time after the work is Broadcast on the website and/or display of the author of a Work and the Work’s title within a reasonable time after the work is Broadcast in the webcasting stream.

“Broadcast” means Work or an acceptable Derivative Work thereof that is played publicly for the benefit of interested listeners, and particularly when such Work is played by a listener accessing a digital file such as a podcast or streaming media file.
“Collective Work” means a work, such as an anthology or encyclopedia, in which the Work in its entirety and unmodified form, along with a number of other contributions, constituting separate and independent works in themselves are assembled into a collective whole. A work that constitutes a Collective Work shall not be deemed to be considered a Derivative Work as defined below. A podcast which contains the Work in combination with many other works would constitute a Collective Work.

“Derivative Work” means a work based upon the Work in which the Work may be recast, transformed or adapted. In the case of a mash of more than one musical work, such a work would constitute a Derivative Work.
“Licensor” means the individual or entity that submits the Work under the terms of this Public License.
“Original Author” means the individual or entity that created the entirety of the Work.
“Podcast” means a specific type of Broadcast, where the Work is incorporated into a file (which may contain one or more works and/or other material) which may be streamed, or played on a computer, on an MP3 player or similar device by individuals who have downloaded such file.

“Work” means each submitted copyrightable work of authorship provided under these Terms of Use.
“You” means an individual or entity exercising rights under these Terms of Use.

2. Subject to these Terms of Use, You hereby grant to Atlantic Wave Media, the following Public License rights:

a. the world-wide, royalty-free, non-exclusive, right, and to reproduce each Work for the purpose of Broadcasting the Work, including the right to use and incorporate each Work into a Collective Work, which may itself be Broadcast.

b. the right, to create acceptable Derivative Works from each Work. Derivative Works shall be deemed acceptable provided that the integrity of the Work is not materially disparaged or materially injured in the Derivative Work. This right specifically permits the right, to use the Work in combination with other works as part of musical “mashes.”

c. the right, to distribute copies of each Work in all forms and to perform each Work publicly, including having each Work broadcast and performed via digital audio transmission of each Work.

d. the right, to use each Work as in (c) above when the Work is incorporated into a Collective Works and/or for all works that are acceptable Derivative Works of the Work.

3. You hereby waive the following rights to any and all musical compositions:

a. the right to recover performance royalties under blanket licenses, including the right to collect such royalties individually or through a performance rights society.

b. the right to recover mechanical rights or statutory royalties.

c. the right to recover any royalty that may be applicable for public digital performance of the Work, such as webcasting or podcasting.
4. All other rights are hereby reserved by You, including the copyright ownership rights to the Work.
5. You have the right to receive Attribution every time a Work is Broadcast.
6. You warrant that You have all of the necessary rights needed to abide by these terms, including the right to submit the Work(s) under these terms. You further represent and warrant that you are 16 years of age or older and that your use of the Service shall not violate any applicable law or regulation. Your Works may be deleted without warning, if it is found that you are misrepresenting your age, and you are younger than 16.
7. There is no fee associated with the submission of Works.
8. You can terminate your relationship with Atlantic Wave Media at any time, or remove access to submitted works. Upon termination of your account your submitted works will no longer be available to future Broadcasts. Termination of your account will not revoke any licenses granted prior to the Termination of your account.
9. Atlantic Wave Media reserves the right to reject Works that it deems, in its sole discretion to be objectionable and to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
10.The method of submission of each Work shall be set forth by Atlantic Wave Media on its Website
11. Atlantic Wave Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any Works. Atlantic Wave Media is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from submission of Works.
12. IN NO EVENT SHALL Atlantic Wave Media BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR SUBMISSION OF WORKS, EVEN IF Atlantic Wave Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Atlantic Wave Media’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Atlantic Wave Media FOR THE SERVICE.
13. If there is any dispute about or involving the Submission of a Work, the Service or the Website, you agree that any dispute shall be governed by the laws of the England and Wales without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in England and Wales.
14. You agree to indemnify and hold Atlantic Wave Media, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of any breach of your representations and warranties set forth above.
15. These Terms of Use are accepted upon the submission of your first Work. These Terms of Use constitute the entire agreement between you and Atlantic Wave Media regarding the use of the Website and/or the Service. The failure of Atlantic Wave Media to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Please contact us with any questions regarding these Terms of Use.
16.Atlantic Wave Media may modify the Terms of Use from time to time and such modification shall be effective upon posting by Atlantic Wave Media on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted.

UPDATED: 4th June 2009