When you upload any music to Arev Underground Radio’s submission servers, you agree that you:
- Represent and warrant that you own all necessary legal rights to upload, stream, download and otherwise digitally distribute any songs you have uploaded to Arev Underground Radio’s servers;
- Grant to ArevUndergroundRadio.com(“the radio station”) — on behalf of yourself, all other members of your band (if any), and any other persons or entities which hold publishing, performance or other rights in the songs (collectively, the “Rights Holders”) — a non-exclusive worldwide perpetual license to stream, download, list, and describe those songs on Arev Underground Radio stations and Arev Underground Radio’s website.
- Represent and warrant that you have all rights necessary to (a) upload the songs, (b) grant legal music the license; (c) enter to this agreement; (d) that nothing in the songs violates the rights of any third parties in any jurisdiction, including without limitation, copyright, trademark, trade secret, privacy, publicity or other right; and that (e) this agreement does not conflict with any other agreement or obligation by which Artist or any other right holders is bound;
- Represent and warrant that you will not upload, post, e-mail, transmit or otherwise make available on Arev Underground Radio’s server/website any songs or other content which contain material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy, or that contains any virus, trap door, Trojan Horse, disabling device or remote control mechanism that might, or might be utilized to, impede the operation of Arev Underground Radio’s website or its host server;
- Acknowledge and agree that Arev Underground Radio has no liability for any violation of any third party’s legal rights as a result of your uploading of the songs, and agree to indemnify Arev Underground Radio for any and all attorney’s fees and other expenses which may result from distributing any of the music you upload;
- Acknowledge and agree that, upon receipt of a third party complaint regarding songs you have uploaded, Arev Underground Radio may, for any reason, with or without notification to you and at Legal Music’s sole discretion, remove from Arev Underground Radio’s server any and all songs that you have uploaded to Arev Underground Radio’s server;
- Acknowledge and agree that KNSJ radio makes no warranty or representation whatsoever as to the fitness of the KNSJ’s box system to distribute songs or that any of the songs will be distributed in any way;
- Acknowledge and agree that KNSJ radio shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) the use of or inability to use the Arev Underground Radio’s system (ii) unauthorized access to or alteration of songs; or (iv) any other matter relating to the Arev Underground Radio’s system; and, finally
- Acknowledge and agree that this agreement (a) shall be governed by, and construed in accordance with, the laws of the state of Ohio, USA, applicable to contracts wholly made and wholly performed in that state; (b) shall constitute the entire agreement between the parties with respect to the subject matter hereof, regardless of and superseding any written, oral or implied agreements regarding the subject matter; and (c) may only be modified by a written amendment signed by both parties.