Content Owner Terms and Conditions
Content Owner Terms and Conditions
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RiddimStream.com (“RiddimStream” or “Portal”) is an independent website ran by RiddimStream Ltd and provides a Portal which allows users access to audio and visual content. The following terms and conditions (“Terms”) are specifically for producers, artists and record labels (“Content Owners”) who wish to upload their content securely, onto the Portal providing access to the network of professional, approved DJ’s and registered fans. These Terms set out the relationship between RiddimStream and you (“You”, “Your” or “ContentOwner”). By using this service, you are bound to, and are deemed to have understood the following;
1.Content Owner Obligations1.1 Content Owners shall register with the Portal for the purpose of uploading their content.1.2 Content Owners understand that general users of the Portal shall only have access to listen to, share and stream content, and to purchase where available, and that approved DJ’s shall have the option to download the files for professional use.1.3 Where available, Content Owners shall provide a link for general users to purchase their files from iTunes or provide a free download of promotional material for general users’ personal use (see clause 4)1.4 The Content Owner understands and accepts that there is no guarantee of traffic or audience and that by uploading content, the Content Owner is placing the content into the public domain.1.5 The Content Owner warrants to RiddimStream that any content uploaded on to the Portal is free from any illegal or immoral content and that all uploaded files shall be suitable for public use.1.6 Content Owners shall ensure that any uploaded information is accurate and understands that RiddimStream cannot be held responsible for incorrect or inaccurate information.
2.RiddimStream Obligations2.1 RiddimStream provides a Portal which gives professional DJ’s and general fans access to stream content, manage playlists and purchase content from iTunes directly.2.2 RiddimStream warrants to the Content Owner that general users shall only be entitled to stream content uploaded by the Content Owner, unless the Content Owner specifically uploads a promotional file intended for free public download. Only professional and approved DJ’s shall have download access to files uploaded by the Content Owner to be made available to RiddimStream’s professional DJ network.2.3 RiddimStream cannot select which users in particular, files are made available to, and all registered users shall be able to view content uploaded in accordance with the method of upload chosen.2.4 RiddimStream shall not accept any liability for any claims or complaints that are as a result of the content of the materials uploaded by the Content Owner and the Content Owner shall be held fully responsible for the content that they submit for placement.2.5 All files shall be uploaded using the RiddimStream website and the Content Owner shall ensure that all content is free from any harmful viruses or other damaging files or content. In the event that any content uploaded by the Content Owner causes harm to Portal, the Content Owner shall be held responsible for damage caused as a result of that content. 2.6 In the event that any content uploaded by the Content Owner causes harm to Portal, the Content Owner shall be held responsible for damage caused as a result of that content.
3.Registration3.1 Content Owners shall be required to register with the Portal in order to upload and share content.3.2 Registration is free of charge and no monthly subscription fees shall be applicable.3.3 RiddimStream warrants to the Content Owner that links sent in accordance with clause 3.2 above are secure and that all precautions are taken when dealing with sensitive information.3.4 The Content Owner shall be required to provide personal contact information upon registration which shall be held by RiddimStream.
4.Uploading Content4.1 Content Owners shall be required to upload files by one of the following methods;4.1.1 Uploading content for streaming only – this is available for content which is unavailable for purchase or download (Streaming only) and is designed for pre-release content (content which is yet to be released for purchase). This content is not available on iTunes. 4.1.2 Upload audio content for streaming with the option of purchase from iTunes. A URL shall be provided to general users linking the them to the iTunes site in order to purchase the content; 4.1.3 Upload the file for free public download available to all registered and non-registered users of the Portal; 4.1.4 Upload content which shall be available to professional DJ’s for free download. This option is available in conjunction with options 4.1.1, 4.1.2 or 4.1.3. General users of the Portal shall be able to access the content but only by way of streaming or for purchase. DJ’s shall have access to download the content for their professional use. 4.2 DJ’s shall have access to uploaded files which have been made available to them by the content owners. 4.3 Content which is specified as being for promotional use only can be made available for free download to general users. However, any other content shall be available to general users for streaming or purchase only.
5.Copyright and Intellectual Property5.1 The Content Owner should ensure that all content is covered by any applicable copyright laws and regulations to ensure that their rights are protected.5.2 All information, data and copyright material contained on this website, including any trade marks (whether officially registered or unregistered), trade names, brands, logos and devices belong to RiddimStream or to people whom have given ownership or permission to use such information data and/or copyright material. The Content Owner accepts that they must not use such information or copyright material unless they have written permission from RiddimStream to do so.
6.Termination6.1 The Content Owner may terminate their registration to the Portal with immediate effect with no liability to make any further payment (other than in respect of amounts accrued before the Termination).6.2 At the time of termination, RiddimStream reserve the right to remove all content uploaded by Content Owner. However, Content Owner accepts and understands that some content may remain. In the event that the Content Owner wishes to remove all content from the portal, then they shall be fully responsible for doing so.
7.Notices7.1 Any notice given under this agreement shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally, or sending it by pre-paid recorded delivery or registered post to the relevant party at (in the case RiddimStream, its registered office for the time being and (in the case of the Content Owner) their last known address, or by sending it by fax to the fax number notified by the relevant party to the other party. Any such notice shall be deemed to have been received: (a) if delivered personally, at the time of delivery; (b) in the case of pre-paid recorded delivery or registered post, 48 hours from the date of posting; and (c) in the case of fax, at the time of transmission.7.2 In proving such service it shall be sufficient to prove that the envelope containing the notice was addressed to the address of the relevant party and delivered either to that address or into the custody of the postal authorities as a pre-paid recorded delivery or registered post or that the notice was transmitted by fax to the fax number of the relevant party.
8.Entire agreement and previous contracts8.1 Each party on behalf of itself acknowledges and agrees with the other party that: (a) this agreement together with any documents referred to in it constitute the entire agreement and understanding between the Content Owner and RiddimStream and supersedes any previous arrangement, understanding or agreement between them relating to the use of www.RiddimStream.com (which shall be deemed to have been terminated by mutual consent); (b) in entering into this agreement neither party has relied on any Pre-Contractual Statement; and (c) each party agrees that the only rights and remedies available to it or arising out of or in connection with any Pre-Contractual Statement shall be for breach of contract. Nothing in this agreement shall, however, limit or exclude any liability for fraud.
9.VariationNo variation of this agreement or of any document referred to in it shall be valid unless it is in writing and signed by or on behalf the parties.
10.Third party rights10.1 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists, or is available, apart from under that Act.10.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.
11.Governing law and jurisdiction11.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.11.2 The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).