RootMusic

This Agreement applies to all images, music text, music performance, music recordings, personal information pulled from my Facebook account, photos, mixed media or multimedia works, video, sounds, musical works, and other forms of content, information, data or copyrighted materials that I may supply, provide, upload or submit or provide to RootMusic (collectively “Material”). RootMusic does not claim ownership in any of the Material.

I understand that RootMusic is not a streaming service. RootMusic provides applications and services for my use. RootMusic is assisting me in building a platform for Material whereby I can market myself and my business. I am granting RootMusic a license (which basically means permission) to use the Material in the applications and services designed for my use. This license is non-exclusive (which means I am free to license my Material to anyone else in addition to RootMusic), revocable (which means I can choose to end the license/permission), worldwide (the internet is global in reach), royalty-free (which means RootMusic is not required to pay me or anyone else deriving rights from me and my Material for the use on and with RootMusic applications and services), and sub-licensable (so that RootMusic is able to use its affiliates, subcontractors, and other partners to deliver its applications and services). The license is for RootMusic to use, display, perform and otherwise use the Materials or any part thereof in any and all media (existing or later created or made available) through its applications and services which I choose. I acknowledge however that I am the only one responsible for using my Materials to market and grow my business.

I understand that I have the right to remove my Material from RootMusic and revoke this license at my discretion upon my decision to discontinue use of RootMusic applications, tools, and services, subject to any other agreement I may enter into with RootMusic.

In connection with the Material, I grant RootMusic a revocable, worldwide, royalty-free license to use my name, likeness, image, voice, and biographical information in connection with the Material (including, if applicable, my voice or image in the Material), if it is part of RootMusic applications and services I choose.

I agree that I will not submit any Material that is copyrighted by third parties, protected by trade secret or otherwise subject to third party proprietary rights including privacy and publicity rights, unless I am the owner of such rights or have express written permission from the rightful owner of such rights to supply such material and to grant RootMusic all of the license rights granted herein. I will provide only Material to which I have the right to submit for such public and other use granted to RootMusic. I will provide RootMusic with copies of such written permissions upon request.

RootMusic does not control any Material submitted and, although RootMusic may use both automated and manual means of reviewing Material in order to prevent unauthorized content, inappropriate content, illegal, or unsuitable content from appearing and being displayed, RootMusic does not have any obligation to me to review, evaluate or monitor Material for that or any other purpose. RootMusic reserves the right to review any submitted Material and to delete, remove, move, edit or reject, without notice to me, any Material that RootMusic deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to RootMusic, for any reason or for no reason whatsoever; provided, however, that RootMusic shall have no obligation or liability to me for failure to do so or for doing so in any particular manner.

I represent and warrant that I own or have the necessary licenses, rights, consents, and permissions to use and authorize RootMusic to use all copyright, patent, trademark, trade secret, or other proprietary rights in and to any and all Materials required for all the licenses that I grant in this Agreement. I hereby waive all so-called “moral rights” or other similar rights in such Materials to the maximum extent permitted by law. I represent and warrant that use of such Materials is not subject to any payment obligation to any third party, including, without limitation, for any musicians, actors, artists, or performers union or guild.

I understand and agree that this Agreement is made in consideration of my use of the applications, tools, and services of RootMusic, the resources and efforts that RootMusic expends to store and evaluate the Material for its potential use, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged.

I acknowledge that Company is under no obligation to use the Materials. I may use the applications and services of Company and my provision of Materials is necessary for such use.

I hereby agree to indemnify, defend and hold harmless RootMusic, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement, including, without limitation, any claim of infringement, defamation, or any breach of representations and warranties. RootMusic reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by me, in which event I will fully cooperate with RootMusic in asserting any available defenses.

This Agreement is governed by the laws of the State of California and applicable United States federal law. I acknowledge that, in the event of a breach of this Agreement by RootMusic or any third party, the damage or harm, if any, caused to me will not entitle me to seek injunctive or other equitable relief, and I will not have the right to enjoin the production, exhibition, distribution, or other exploitation of the Materials under any circumstances. RootMusic has the right to discontinue provision or applications or services to me at any time for any or no reason.

This Agreement is the entire agreement of the parties with respect to its subject matter. This Agreement inures to the benefit of and binds the parties’ heirs, successors, representatives, and assigns.