Rootscd.com: The Finest Independent Blues, Rockabilly & Roots CD's: Artists Terms & Conditions

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ROOTSCD.COM TERMS AND CONDITIONS FOR ARTISTS AND BANDS

1. INTRODUCTION
www.rootscd.com ("the web site") is a web site dedicated to providing a platform for artists to sell their compact discs, DVD's and other items ("Material") online, and is providing its services subject to these terms and conditions. If you do not agree to the Terms and Conditions, please do not use the web site.
We may change these Terms and Conditions at any time by posting changes online. Please review the terms regularly to ensure that you are aware of any changes. Any continued use following any such changes to these terms will be deemed to be your acceptance of such change.
2. REGISTRATION
This agreement between Rootscd.com ("We", "Us", "Our") and artists/bands ("you, your") sets out the terms and conditions ("the Terms") on which we supply services to you. Before we can sell your material you must complete our registration process. Please ensure that all the details are valid and correct at all time and inform us immediately of any changes by e-mail.
3. ACCESS TO ROOTSCD.COM
We will do everything we can to ensure that availability of the web site will be uninterrupted and that transmissions will be error free. However, this cannot be guaranteed. The web site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.
4. YOUR CONDUCT
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the web site for lawful purposes only. You must not use the web site for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity, to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" - to cause annoyance, inconvenience or needless anxiety.
5. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
All content and all compilation of content included on the web site, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital downloads, data compilations, and software, is our property or our content suppliers and is protected by copyright, database and trade mark right laws in England and internationally. You may not extract and/or re-utilise parts of the contents of the web site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the web site, without our express written consent. You may not create and/or publish your own database that features substantial parts of the web site without our express written consent. You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach you of the above warranties.
6. COPYRIGHT INFRINGEMENT AND DEFAMATION CLAIMS
It is not possible for us to be aware of the content of all items, products, reviews, comments, files, recordings, compositions listed or displayed or embodied in the web site. However if you believe that your work has been copied in a way that constitutes copyright infringement, or you believe that any content on, or advertised for sale on, the web site contains a defamatory statement, please notify us immediately in writing and we will make all reasonable endeavours to remove the defamatory or infringing content complained about within a reasonable time.
7. HOW TO SUBMIT MATERIAL TO US
Before you send your Material to us you must register by completing our registration form. Please ensure that all personal details are correct and valid. Once you have done this you can send us your Material. All Material should be sent to the following address only:

Rootscd.com
PO BOX 492
Torquay
TQ1 9EB
United Kingdom

We shall not be liable in any way for any Material damaged in transit or that fails to be delivered to our address for whatever reason.
8. LICENSE FOR USE OF MATERIAL
By submitting Material to us which can include but is not limited to compact disc, digital audio file, text, graphics, photographs, artwork, (the "Material") you agree to grant us a non-exclusive license and all the necessary rights throughout the world for the duration of copyright to reproduce, edit, change, copy, adapt and otherwise make the material available on the Website. If you do not want to grant to the rights set out above, please do not submit the Material. We reserve the right not to exercise any of or any part of the above rights in the Material at our sole discretion and without liability. If you are under the age of 18 you agree to get a parent’s or guardian’s consent before submitting any Material.
All material sent to Rootscd.com still remains the exclusive property of the Artist.
9. HOW WE PAY YOU
We take £3.00 (British Pound Sterling) from each sale of your Material, you receive the balance of the selling price which is decided by you during registration. We pay you any money owing to you from sales monthly on the first Monday of each calendar month. Payments to you are made via Pay Pal or in some circumstances by cheque (UK residents only). It is your responsibility to provide us with a correct and valid Pay Pal email address so that we can pay you. Failure to do so may result in you not being paid. Payments made to you via Pay Pal can take up to 3 days to appear in your Pay Pal account. We shall not be held responsible for late payments to you caused by technical problems, repairs, maintenance or other reasons that prevent us from accessing the Pay Pal web site. If you have nominated during registration to be paid by cheque, there will be a £1.00 surcharge payable by you to cover the cost of Royal Mail "signed for" postage. This surcharge will be deducted from any monies owed to you. Your cheque must be signed for by you on delivery by Royal Mail to confirm receipt by you. If we pay you by cheque it is your responsibility to provide us with a full and correct UK postal address and a name to who the cheque should be made payable to, failure to do so may result in you not being paid. We can only pay you by cheque in British Pound Sterling and if you are a UK resident and have a UK bank account.
10. CANCELING OUR AGREEMENT
You have the right to cancel any agreement between you and Rootscd.com at anytime, without notice, and to request that your Material is withdrawn from sale. This request should be made by e-mail to: info@rootscd.com
11. RETURN OF MATERIALS
Once the agreement is terminated between you and us, any monies owing to the you from Material sales shall be paid to you by us within 28 days of us receiving your request to cancel the agreement. Any remaining unsold Material will be returned to the you at your own expense. The postage cost will be deducted from any monies held by us on behalf of you for sales of your Material. If there have been insufficient sales to cover the cost of this postage, we have the right to request payment of the postage costs from you the artist. In this instance, full payment must be made by you before we can return the remaining Material to the you. It should be noted that as stock levels are usually kept fairly low, the expected postal costs should also be fairly low.
12. INTELLECTUAL PROPERTY RIGHTS IN THE MATERIAL
You warrant that the Material and the use of the Material by us will not infringe the copyright or other rights, moral rights, and rights of privacy and confidence of any third party; will not be obscene, blasphemous, defamatory or otherwise illegal or unlawful, or in any way incite racial hatred; do not contain and will not produce any known viruses or harmful code that could damage our computer systems or data; do not include any so called "sampled" extracts from any third party sound recordings or include or utilise any extracts from any third party compositions and/or any literary or other copyright work; are not encoded by Digital Rights Management (DRM); and comply and adhere to our web site Terms and Conditions and Privacy policy. You will indemnify us against any loss, damages, costs, expenses (including reasonable legal fees) or other claims arising from any breach you of the above warranties. By submitting your material to us, it's is assumed that you legally own the copyright of that material, and have secured permission to record and reproduce any third parties work included within your material. By agreeing to our terms and conditions and submitting your material to us you are granting us permission to use audio samples of your material on our website for promotional purposes and without charge to us.
13. LIABILITY
We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the Material. No delay or omission on our part in exercising of any of our rights or remedies contained in the Terms shall be construed as a waiver of any of those rights or remedies. Any person who is not a party to theses terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms.
14. ELECTRONIC COMMUNICATION
When you visit the web site or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the web site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
15. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.
16. GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of England. You agree to submit to the non-exclusive jurisdiction of the English courts.
17. OUR DETAILS
Rootscd.com
PO BOX 492
Torquay
TQ1 9EB
United Kingdom

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