- NONEXCLUSIVE LICENSE AGREEMENT
The following terms of this Nonexclusive License Agreement ("Agreement") apply if you create music with tools,sounds and data provided by Musicshake (“Music”), including the Musicshake music mix program (“Musicshake Program”), and/or publish music to be broadcast, recreated, performed, listened, played and/or offered for sale on websites owned or operated by or for Musicshake, Inc. (the "Site").
Licenses. By uploading Music to the Site or creating Music with the Musicshake Program, you grant Musicshake the following licenses to Music: an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, fully paid-up, sub-licensable, transferable right and license to sell, use, reproduce, incorporate into other works, distribute, publicly perform, prepare derivative works of, display, and perform (in any format, whether digital or analog) the Music and to have the same rights within advertising, marketing, samples, and promotional materials for the purpose of promoting the Site.
Tags & Descriptions. At the time you upload Music to the Site, you will be asked to provide information (title, description, tags, categories) about your Music so that visitors to the Site can search and find relevant music. You will make best efforts to provide accurate, non-misleading information about your Music and you will not submit unrelated information in connection with your Music for any purpose. If Musicshake determines that information is misleading or inaccurate or that it violates the rights of a third party, Musicshake may delete such information or your Music, in its sole discretion.
Pricing. Musicshake establishes the price of Music available to visitors, including standard pricing, promotional pricing and discount pricing. All prices are subject to change at Musicshake’s sole and absolute discretion. Shake
Cash Royalty. Musicshake will pay you a royalty in the form of Shake Cash for all sales of your Music on the Site ("Royalty"). Musicshake’s royalty rate is 10% ("Royalty Rate"). Your Royalty will be calculated as follows: Your Royalty Rate multiplied by Net Sales of your Music. Net Sales means the price paid by Visitors for downloading your Music on the Site minus amounts charged for sales or similar taxes; refunds, credits, and reversals.
Ineligible Sales. Musicshake will not pay you a Royalty for sales of any Music which violates this Agreement, the Musicshake User Agreement, the Privacy Policy or any of your representations below. For example, if Musicshake discovers that your Music infringes someone else's intellectual property rights or that you do not have the right to use the Music, Musicshake reserves the right to reverse all Royalties for such Music, whether due or already paid.
Marketing & Promotions. Musicshake may market, promote, and sell your Music on the Site, on other websites, and/or through distributors and wholesale or retail channels. Musicshake may run promotions. You acknowledge that your Royalty will be based only on the amount of revenue Musicshake actually receives from visitors who purchase your Music.
User Agreement. This Agreement supplements the Musicshake User Agreement which is incorporated by this reference.
Licenses. By uploading Music to the Site or creating Music with the Musicshake Program, you grant Musicshake the following licenses to Music: an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, fully paid-up, sub-licensable, transferable right and license to sell, use, reproduce, incorporate into other works, distribute, publicly perform, prepare derivative works of, display, and perform (in any format, whether digital or analog) the Music and to have the same rights within advertising, marketing, samples, and promotional materials for the purpose of promoting the Site.
Tags & Descriptions. At the time you upload Music to the Site, you will be asked to provide information (title, description, tags, categories) about your Music so that visitors to the Site can search and find relevant music. You will make best efforts to provide accurate, non-misleading information about your Music and you will not submit unrelated information in connection with your Music for any purpose. If Musicshake determines that information is misleading or inaccurate or that it violates the rights of a third party, Musicshake may delete such information or your Music, in its sole discretion.
Pricing. Musicshake establishes the price of Music available to visitors, including standard pricing, promotional pricing and discount pricing. All prices are subject to change at Musicshake’s sole and absolute discretion. Shake
Cash Royalty. Musicshake will pay you a royalty in the form of Shake Cash for all sales of your Music on the Site ("Royalty"). Musicshake’s royalty rate is 10% ("Royalty Rate"). Your Royalty will be calculated as follows: Your Royalty Rate multiplied by Net Sales of your Music. Net Sales means the price paid by Visitors for downloading your Music on the Site minus amounts charged for sales or similar taxes; refunds, credits, and reversals.
Ineligible Sales. Musicshake will not pay you a Royalty for sales of any Music which violates this Agreement, the Musicshake User Agreement, the Privacy Policy or any of your representations below. For example, if Musicshake discovers that your Music infringes someone else's intellectual property rights or that you do not have the right to use the Music, Musicshake reserves the right to reverse all Royalties for such Music, whether due or already paid.
Marketing & Promotions. Musicshake may market, promote, and sell your Music on the Site, on other websites, and/or through distributors and wholesale or retail channels. Musicshake may run promotions. You acknowledge that your Royalty will be based only on the amount of revenue Musicshake actually receives from visitors who purchase your Music.
User Agreement. This Agreement supplements the Musicshake User Agreement which is incorporated by this reference.
