Version #CS20190620
Rhythmic Rebellion
CREATIVE SUPPLEMENTAL
TERMS & CONDITIONS
The Patron Empowerment INC project known as Rhythmic Rebellion was conceived of and created primarily to generate income for creators of music such as songwriters, artists and other intellectual property holders. Thus, songwriters and artists have the ability to commercially profit from the purchase of Songs and Recordings (as defined later in this Agreement) by other Users from their User Accounts through the Services provided by Rhythmic Rebellion. Rhythmic Rebellion also provides these professional, creative Users, as defined in the Standard Terms of Use, with various promotional and creative tools to facilitate the exploitation and marketing of their music.
Users of Rhythmic Rebellion may join the Rebellion either as a “fan” (“Fan User”) or as an industry “professional.” Every professional User must, at a minimum, create what is referred to as a “master account,” and then select what role(s) they will play on the Rhythmic Rebellion (the “Master Account”)(A Fan User on Rhythmic Rebellion does not have to create a Master Account). The Master Account can then be used to create other types of subaccounts, including “Songwriter” or “Artist” User subaccounts each of which has its own set of specific allowed activities and certain restrictions, as further defined herein. The Artist and Songwriter Users will sometimes be referred to herein individually as Artist Users or Songwriter Users respectively, or collectively as the “Creators.” Please refer further to our tutorials for each specific type of account to fully understand how your specific subaccount functions and interacts with the other types of accounts. These brief tutorials will be offered when you established each account and subaccount to guide you through the nuanced functions of a particular type of account.
OUR USE OF ORIGINAL MUSICAL CONTENT AND SOUND RECORDINGS
Note: You retain copyright ownership of your music and other content and can restrict access to your music and content anytime you want with a few exceptions. As a music creator you are allowed to restrict access, any time you wish, to your music and other content for fans that have not purchased your content. We are a cloud storage platform. If a fan/user purchases your music or other content on the platform, they are allowed to retain access to this content on their Rhythmic Rebellion fan account. Therefore we must also retain elements of your account. However, you have control over how your non purchased content is heard or accessed by fans. If you want to restrict your music from future streaming or purchase you can do that.
Learn more by reading this article: User Agreements Explained
Songwriter Users may upload demonstration recordings of Songs, as that term is later defined, to their User subaccounts, through which they have the ability to offer the use of those Songs to other Artist, Publisher and Record Label Users by granting all or some of them the right to record the Song through what is known as a license. When a Songwriter User uploads a Song to the Service, he/she must identify any additional collaborators and contributors to the Song (the “Co-Authors”) and specify the percentage ownership, at which time Rhythmic Rebellion will notify these Co-Authors and confirm the information provided. It is suggested that an attorney be used for further guidance if a User has legal questions about this process, since the Rhythmic Rebellion Service merely facilitates the transaction but neither Patron Empowerment nor Rhythmic Rebellion is further involved in the licensing transaction between the Songwriter and other types of Users, nor do we collect any royalties or license fees to distribute back to the Songwriter and/or Publisher Users. Once the license is granted through the Service, Artist Users (as well as Publisher and Record Label Users) may then record the Songs to create Recordings, as that term is later defined. As used throughout this Agreement, the term “Songs” means any original lyrical and/or musical content created and uploaded by a Songwriter to Rhythmic Rebellion’s Services.
A. As provided for in 17 U.S. Code 114 (h)(2)(B) Rhythmic Rebellion maintains and may exercise the right to grant other Users the ability to listen to the complete, finished sound recordings created by Artist Users embodying the Songs (“Recordings”) and both Songwriter and Artist, and any other Users claiming ownership, grant Rhythmic Rebellion a gratis license to publically perform the Recordings and embodied Song. How these Recordings are presented to fan Users is decided solely by the Artist. The Artist may only permit Users to “preview” the Recording (play a limited clip) in order to encourage record sales (and/or downloads), may allow a defined number of streams of each song per User, or may allow unlimited streaming of the entire song in an attempt to build a loyal fan base. In either instance, these Recordings can be made available for use or purchase on an Artist’s home page. This ability is also intended to help the Songwriter generate interest in and license the Songs to allow the sale of Recordings, thereby creating income for all those involved in the songwriting, recording, marketing, and overall music-making process. For the avoidance of doubt, the Artist and Songwriter are responsible for agreeing to the terms and conditions of the license for the use of the Song in the Recording, including any revenue share, and the Artist is fully responsible to account to and pay Songwriter any such revenues. Rhythmic Rebellion is NOT responsible for payment of any licensing royalties nor any other fees or royalties associated with the sale of the Recordings or the use of the Songs. This includes, without limitation, any and all amounts that may be owed to studio musicians, producers, sound engineers, and all other parties involved in the recording process, and as such the Creators warrant that Rhythmic Rebellion maintains no liability to the greatest extent possible under applicable law for any issues which arise regarding payment between such parties, and the Creators agree to hold Rhythmic Rebellion and Patron Empowerment harmless from any damages or awards resulting from breach of this warranty.
While the Songwriter Users may license their Songs for use by Artist Users, Songwriters may not sell the Songs directly to the fans, unless they also establish an Artist subaccount in which case they may license their own Songs for use and sale in their own Artist’s subaccount within their own Master Account.
As a Creator, you will place your music, lyrics, videos, and other content on our Service and use our Service as a means to promote and market you and your Songs and Recordings. Therefore you must grant us the right to offer this content to fan Users. As a Creator, you hereby grant, and therefore understand and agree, that Rhythmic Rebellion has the irrevocable right and gratis license, i.e., royalty free, to do the following throughout the world (the “Territory”):
A. license and/or allow other Users to license, record, publish, exploit and market versions of Songs and/or Recordings created therefrom;
B. print the lyrics and or sheet music of any Song or Recording uploaded to Rhythmic Rebellion’s Services;
C. without limiting the previously enumerated rights, the non-exclusive and royalty-free license to: (1) broadcast analog and digital public performances; (2) manufacture, distribution and sale, and reproduction of records which embody one or more of the Songs and/or Recordings created and listed on User Accounts, whether physically or electronically; ( 3) synchronize Songs and Recordings in connection to, but not limited solely to, television programs, motion pictures, video games and advertisements; and (4) use any Songs and Recordings in connection with merchandising purposes and activities;
D. use the names, likenesses, signatures, pictures/photographs, and biographical information of all Users in connection with the exploitation and/or promotion of their Songs and the Recordings on Rhythmic Rebellion Services, and/or in the corporate marketing and promotion, both online and in traditional print and audio and/or visual media related to Rhythmic Rebellion or any of its affiliated companies;
The rights granted in Paragraph A-D above are non-exclusive, royalty-free, coupled with an interest, irrevocable and in perpetuity, even after a User discontinues use of the Service.
RELATIONSHIP BETWEEN SONGWRITER & ARTIST
Creators retain all rights in and to their respective Songs and Recordings, including all copyrights. The Songwriter Users understand and agree that the Recordings prepared by the Artist Users from the Songwriter’s Songs are derivative works as defined in the provisions of 17 U.S.C. §§101 and 106 of the U.S. Copyright Act or has sought outside legal advice as to the implications. It is up to the individual Songwriters and Artists to agree to the terms of such derivative use as well as the ownership of the new Recording being created, which is entitled to separate and distinct copyright ownership from the Song. Both the Songwriter and the Artist understand and agree that once the Recording has been created, the Artist is thereby licensed and permitted to upload the Recording to the third-party streaming service commonly known as Spotify, and then may permit other Rhythmic Rebellion Users to add the Recording to their Spotify favorites and/or a private Spotify playlist. For the avoidance of doubt, the Artist may also be entitled to upload the Recording to other streaming platforms, social media or internet sites.
Further, all licenses for use of the Songs and/or Recordings will be established directly between the Creators, or by agents or other third-parties selected to represent each party. As advised in this Agreement, both Songwriter and Artist acknowledge, warrant and agree that Rhythmic Rebellion is not responsible for the collection of any royalties, mechanical, performance, synchronization, streaming or otherwise, that arise as a result of the sale, streaming or performance of the Songs and/or Recordings through the Service, as that term is defined in the Standard Terms of Use, or arising as a result of the 2018 Music Modernization Act, and each agrees to hold Rhythmic Rebellion harmless from any damages arising out of any claim and agrees to indemnify Rhythmic Rebellion pursuant to the Standard Terms of Use. You understand that, as an interactive subscription service and not a record label, Rhythmic Rebellion is not required to establish an account with SoundExchange either in your or its own name to receive revenues for performance of digital audio transmissions, and that neither Rhythmic Rebellion’s license agreement nor its operation will be subject to the stipulations or requirements established by SoundExchange. You further understand that Rhythmic Rebellion is not a publishing company, and is not required to establish accounts with ASCAP, SESAC or BMI either in your or its own name to receive revenues for the public performance of Songs, and that neither Rhythmic Rebellion’s license agreement nor its operation will be subject to the stipulations or requirements established by those performance rights organizations.
SPECIAL REPRESENTATIONS
You agree that you will not store, upload, send, transmit, distribute, perform, store, make available, continue to make available, or make available to the public by any other means Songs and/or Recordings for which you do not hold the necessary rights, licenses and/or permissions to use. You warrant that all material created for upload on the Service is your original creation. Specifically, the unauthorized use of material protected by copyright for purposes of creating Songs and/or Recordings (including through distribution, adaptation, public display, public performance, preparation of derivative works, reproduction, modification, making available or otherwise communicating to the public through Rhythmic Rebellion), regardless of whether it is or may become unauthorized at a later date, may possibly constitute an infringement of the third-party rights and is strictly and expressly prohibited. You further agree that your will not violate the publicity, personality, intellectual property, privacy, or other rights of anyone else or imply affiliation with or endorsement of you or your Songs and/or Recordings by Rhythmic Rebellion or any Artist or Songwriter that uses the Rhythmic Rebellion Service, or any individual or group/entity outside of Rhythmic Rebellion without the express written consent from aforementioned individual or group/entity.
Songwriter acknowledges and agrees that if he or she has a publishing agreement external to Rhythmic Rebellion, or any other type of agreements with any other outside entities, it is Songwriter’s responsibility to comply with and honor said agreement(s). The terms of any contract negotiated and agreed to by and between a Songwriter and Artist will be made completely separate from Rhythmic Rebellion, and we maintain, to the greatest extent possible under applicable law, no legal or financial liability regarding the outcome of such a contracts or agreements, nor do we have the responsibility to know, nor should we be deemed to reasonably be aware of the terms of any such agreements, contracts, or activity which conflicts with stipulations contained therein. Songwriter holds Rhythmic Rebellion and its agents and assigns harmless, and agrees to indemnify Rhythmic Rebellion, from any damages it incurs as a result of a breach of this warranty.
Likewise, if an Artist has an agreement with a music label, distributor, manager, agent, publicist, or any other individual or entity, it is up to the Artist to honor the terms of those agreements. If money is owed to a Songwriter or other third party as a result of Artist’s use and/or exploitation of Song and/or Recording, it is up to them to honor their obligation and pay such Songwriter and/or third party. The terms of any contract negotiated and agreed to by and between an Artist and any third party, including a Songwriter, will be made completely separate from Rhythmic Rebellion, and we maintain, to the greatest extent possible under applicable law, no legal or financial liability regarding the outcome of such a contract, nor do we have the responsibility to know, nor should we be deemed to reasonably be aware of the terms of any such agreements, contracts, or activity which conflicts with stipulations contained therein. Artist hereby holds Rhythmic Rebellion and its agents and assigns harmless, and agrees to indemnify Rhythmic Rebellion, from any damages it incurs as a result of a breach of this warranty.
In instances where a Songwriter or Artist User notifies Rhythmic Rebellion that he/she is subject to an agreement with a third-party, Rhythmic Rebellion reserves the right to contact the third party and/or seek additional documentation before allowing the User to upload the materials in question.