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Terms and Conditions

YOU AND SIGNATURE-TUNES.COM, OWNED AND OPERATED BY SIGNATURE TUNES, INC. (THE "COMPANY", "WE" OR "US") AGREE THAT YOUR ACCESS TO AND USE OF THE SIGNATURE-TUNES.COM WEB SITE (THE "WEB SITE"), IS SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS LISTED BELOW, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (THE "AGREEMENT"). THE COMPANY IS WILLING TO ALLOW YOU ACCESS TO THE WEB SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. AFTER READING THE TERMS, IF YOU AGREE TO THEM, PLEASE INDICATE YOUR DECISION BY CLICKING ON "I AGREE" AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON "I DO NOT AGREE" AND YOU WILL BE RETURNED TO THE HOME PAGE OF THIS WEB SITE.

1. REGISTRATION.
In order to gain access to the services (the "Services") offered by the Web Site, you will need to register as a user. Either you or the Company may terminate your user registration at any time. Upon termination of your registration as a "user", you will no longer be allowed access to the Web Site or the Services offered through the Web Site. You represent that all information you provide during the registration process and at any time thereafter ("Registration Information") will be true, accurate, complete, and current and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. The Company may use all Registration Information, subject to Company's compliance with the Company Privacy Policy that can be found here(the "Privacy Policy"). This Agreement includes terms and conditions set forth in the Privacy Policy. By indicating your agreement to this Agreement, you are consenting to have your personal data used by the Company as set forth in the Privacy Policy.

2. AGE RESTRICTIONS.
Individuals under the age of 13 are prohibited from accessing the Web Site without verified parental consent furnished to Company in accordance with the Children's Online Privacy Protection Act of 1998. You hereby represent and warrant that you are 14 years of age or older. SOME AREAS OF THE WEB SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

3. PUBLISHING OF CONTENT.
You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on the Web Site, including without limitation, information, code, data, text, software, music, sound, links, photographs, pictures, graphics, video, chat, messages, files and any other materials ("Content"). You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent and warrant that you have all legal rights necessary to publish any Content on the Web Site or that you own such Content. You hereby acknowledge and agree that Company shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your Content for any reason and at its sole discretion. You hereby acknowledge and agree that Company may, at its sole discretion, disclose your Content in order to:

          (i) comply with law enforcement, court orders, or the legal process; and/or

          (ii) protect the rights and safety of individuals; and/or

          (iii) settle disputes over intellectual property ownership.

The Company owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Web Site, or via the Web Site, by third parties not within the control of the Company. It is our policy not to permit materials known by us to be infringing to remain on this Web Site. You should notify us promptly if you believe any materials on this Web Site infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted in writing to the following Designated Agent for this Web Site:

To Be Announced
In the meantime if you have any questions please contact us:

Telephone: (646) 427-4231
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Please be advised that the Company may provide an alleged infringer with any notice of claimed infringement, including notices of claimed infringement submitted by you under the DMCA, and any communications related thereto. The Company may also provide any counter notifications received under the DMCA, and communication related thereto, to the provider of the original notice of claimed infringement. All notices and communications provided by you to us become the property of the Company and you hereby grant us the right to provide such notices and communications to any third party.

If you engage in "repeat infringement" we may terminate your registration and account without notice, and you will not longer be permitted access to the Web Site or the Services. "Repeat infringement" shall be defined as two (2) or more instances, as determined by us in our reasonable discretion, where you have infringed the copyright rights of another person.

BEFORE READING FURTHER, PLEASE CONSIDER THE FOLLOWING:
Sections 4, 5 and 6 of these Terms and Conditions of Use can be confusing and we apologize for the legalese that is used. But the bottom line is that at no time will either Signature Tunes or a user have any rights to sell or commercialize your music. When you publish a music file to the Web Site, you have two choices. You can make the file available for listening only or you can allow others to download and copy the file. If you chose the first option, users can only listen to the music file. No other rights are transferred to us or to users. We can not sell or distribute the music file, or make it available for any commercial purpose without your permission. The only thing we can do with the music file is allow users to play it on our Web Site or inside of Widgets that are available from the Web Site (the Widget can be located on our Web Site or another web site). If you chose the second option, a user can download and store the music file without charge. The user will then forever have the right to play the file for his or her personal enjoyment. This is very similar to downloading a song from iTunes. Although the user can play the file, the user can not sell, distribute or commercialize the music file in any way. This is the intent of the Usage Rules in Section 6. No matter which option you chose, at no time are we or a user entitled to sell your music or use it for any commercial purposes and you still retain all rights to commercialize your music.

4. LICENSE TO CONTENT (EXCEPT MUSIC FILES AVAILABLE FOR COPYING BY OTHER USERS).
By Publishing Content (except your audio or music files that you allow others to download and copy) to any part of the Web Site, you automatically grant to the Company, and you represent and warrant that you have the right to grant to the Company, a non-exclusive, transferable, fully-paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. This license includes without limitation any and all professional names, photos, trademarks, logos and biographical information of artists, performers or bands. You may remove such Content from the Web Site at any time and the license granted above will automatically terminate.

5. LICENSE TO MUSIC FILES AVAILABLE FOR COPYING BY OTHER USERS.
The Web Site includes Services where you may publish music files and allow other users to download and copy such files. If you use the Services to allow other users to copy, perform and use your music files, you automatically grant to the Company and other users, and you represent and warrant that you have the right to grant to the Company and other users, an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such files and to prepare derivative works of, or incorporate into other works, such files; provided, however that in all events other users' rights with respect to such files will be subject to the Usage Rules set forth in Section 6 below. You may remove such files from the Web Site at any time and the license granted above to such music files will survive such removal. However, we will not continue to publish or make available on the Web Site content you have removed from the site.

THE FOREGOING GRANT OF RIGHTS IN SECTIONS 4 AND 5 INCLUDES PUBLIC PERFORMANCE RIGHTS. PUBLIC PERFORMANCE RIGHTS INCLUDE THE RIGHTS TO PLAY YOUR SONGS IN PUBLIC VENUES SUCH AS RESTAURANTS, CAFES, PARKS AND STORES. IF YOU HAVE ALREADY GRANTED YOUR PUBLIC PERFORMANCE RIGHTS TO A PERFORMANCE RIGHTS ORGANIZATION (“PRO”) SUCH AS BMI, ASCAP OR SESAC, THEN (1) YOU MAY BE PROHIBITED FROM GRANTING THE SAME RIGHTS TO US, OR (2) A GRANT OF PUBLIC PERFORMANCE RIGHTS TO US MAY PREVENT A PRO FROM COLLECTING ROYALTIES ON YOUR BEHALF. IN CERTAIN SITUATIONS A PRO MAY REQUIRE THAT AN ARTIST PROVIDE THE PRO WITH NOTICE IF THE ARTIST IS GRANTING PUBLIC PERFORMANCE RIGHTS TO ANOTHER PARTY. IF YOU HAVE AN AGREEMENT WITH A PRO, WHICH INCLUDES SUCH A PROVISION, YOU ARE SOLELY RESPONSIBLE FOR PROVIDING SUCH NOTICE TO THE PRO.

6. USE OF WEB SITE AND SERVICES.
You understand that the Services and the Web Site are available for your personal use only. Your use of any Services that provide for or facilitate commercial transactions may be subject to additional terms and conditions. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with a third party including other members of the Web Site, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and / or our Services. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

In the event that you provide any content (i.e., recordings, compositions, etc.) in response to any contest, request, solicitation or other offering (a "Solicitation") that is made available by a third party through the Site, any license, assignment or transfer of rights in and to such content to the third party is solely between you and the third party; provided, however, that in the event you provide a remix in response to a Solicitation, you hereby assign all rights, title and interest in and to such remix to the third party that is providing the Solicitation.

You agree not to harvest or collect email addresses or other contact information of other Web Site users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Web Site. You agree that you will not use the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site. In addition, you agree not to use the Web Site to:

(i) upload, post, email, transmit or otherwise make available any Content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

(ii) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

(iii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(iv) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

(v) use or attempt to use another user's account, without authorization from the Company, or create a false identity using the Services or the Web Site.

If you download or copy music files from the Web Site, you agree to use any music files that you download and copy in compliance with the following Usage Rules:

(i) Your use of the music files is conditioned upon your prior acceptance of these Terms and Conditions of Use;

(ii) You shall be authorized to use the music files only for personal, noncommercial use;

(iii) You may not combine a music file with any video or image file to create a multimedia work;

(iv) You may not use a music file as a musical "ringer" in connection with a phone or phone calls;

(v) The download and copy of a music file does not transfer to you any commercial or promotional use rights in the music file; and

(vi) You agree that your download and copy of music files constitutes your acceptance of and agreement to the Terms and Conditions of Use and these Usage Rules, and that any use of the music files other than in accordance with these Usage Rules may constitute a copyright infringement.

The Company reserves the right to modify the Usage Rules at any time.

7. LINKS TO OTHER WEB SITES.
The Web Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Web Site or the Services does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk.

8. LIMITATION OF LIABILITY.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES; AND (B) TEN DOLLARS ($10). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. INDEMNITY.
You agree to indemnify and hold the Company and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:

(i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement;

(ii) your use of the Services or the Web Site in violation of this Agreement; or

(iii) or your violation of any law or the rights of a third party.

You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against the Company for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Web Site or the Services.

10. USE OF WEB SITE CONTENT.
All Content on the Web Site, is the proprietary property of the Company or its licensors (including Web Site users). Subject to the terms of this Agreement (see Sections 5 and 6 above), no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Company or the owner of the Content. Except as otherwise set forth in this Agreement, any use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Web Site are trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

11. DISCLAIMER OF WARRANTIES.
The Company is not responsible for any incorrect or inaccurate Content published on the Web Site or in connection with the Services, including Content published by users of the Web Site or the Services. The Company is not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Site or the Services. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Web Site or the Services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Web Site or any Content published on the Web Site. THE WEB SITE, THE SERVICES AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICES.

12. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in New York, in accordance with N.Y. Gen. Stat. § 1-567.1 et seq. (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of New York, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the New York state courts located in New York, or the federal district court for the District of New York located in New York. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.

13. CREDITS, HOLDS AND OFFSETS.
Please be advised that if we receive any claim or threat or a claim that is related to your use of the Services, we may put a “hold” on any account you have with us, including any monies held on your behalf. Furthermore, to the extent that you owe us any amounts as a consequence your use of the Services or our settlement of any claim made against you, we may, in our sole discretion, deduct all or a portion of such amounts from any amounts held by us in your accounts, including amounts held in your Membership Account (if applicable). Any such deduction will not relieve you of any obligation to pay the remainder of any amounts due from you to us.

14. MISCELLANEOUS.
This Agreement sets forth the entire agreement between you and the Company pertaining your use of the Web Site and the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued use of the Services or the Web Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Web Site. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The Company's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Master Artist Programs Terms and Conditions

Signature Tunes Incorporated, d/b/a SIGNATURE-TUNES.COM (hereinafter "us", and "our") offers many services to its artists and members. 

In order to make our contracting process as easy as possible, this one agreement incorporates and includes each set of terms and conditions listed above. By clicking on the "I AGREE" button below, you are indicating that you agree with the terms and conditions for each of the services offered by us. This does not mean that you are contracting to purchase such services. All it means is that in the future when you actually do contract to purchase certain services, you do not need to again review and approve the applicable set of terms and conditions, although you will have the opportunity to do so if you desire.

Please keep in mind that each set of terms and conditions applies solely to the applicable services provided. For example, the Massive Tunes Vault Terms of Use apply solely to our provision of our Massive Tunes Vault services. While our Refund Policy applies to all services, in the event of any conflict between the Refund Policy and the applicable terms and conditions, the applicable terms and conditions control. For example, if you subscribe to our Digital Distribution services, a refund may not be possible if takedown fees are owed to us once you discontinue the services, or for other reasons. The bottom line is that with respect to refunds and discontinuances of services, the first place to look is the terms and conditions related to the applicable service and if your situation is not covered, the next place to look is our Refund Policy.

Our Refund Policy is also included and made a part of this master agreement. It can be found here .

Please read the following carefully.

BY ENTERING YOUR NAME AND CLICKING ON THE "I AGREE" BUTTON BELOW, YOU (OR THE PARTY YOU ARE AUTHORIZED TO REPRESENT) WILL BECOME A PARTY TO, AND WILL BE BOUND BY THIS AGREEMENT, INCLUDING ALL THE SEPARATE TERMS AND CONDITIONS THAT GOVERN SERVICES PROVIDED BY US AND ARE INCORPORATED HEREIN AS SET FORTH ABOVE. THESE TERMS AND CONDITIONS, WHEN ACCEPTED BY YOU (WHETHER AS AN INDIVIDUAL, OR IF APPLICABLE, ACTING AS THE AUTHORIZED LEGAL REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY OR CORPORATION) AND US SHALL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US (THE "AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS CAREFULLY FOR THE VARIOUS SERVICES PROVIDED BY US. THE "EFFECTIVE DATE" OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE "I AGREE" BUTTON BELOW. NOTE THAT THIS DATE MAY OR MAY NOT BE THE DATE THAT YOU ACTUALLY PURCHASE ONE OR MORE SERVICES FROM US. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON "CANCEL" AND YOU WILL BE RETURNED TO THE HOME PAGE OF THIS WEB SITE.

Artist Digital Distribution Agreement

THE FOLLOWING TERMS AND CONDITIONS, WHEN ACCEPTED BY YOU (WHETHER AS AN INDIVIDUAL, OR IF APPLICABLE, ACTING AS THE AUTHORIZED LEGAL REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY OR CORPORATION) AND SIGNATURE-TUNES.COM, OWNED AND OPERATED BY SIGNATURE TUNES, INC. (COLLECTIVELY WITH OUR LICENSEES AND ASSIGNEES REFERRED TO IN THIS AGREEMENT AS "US" AND "WE") SHALL CONSTITUTE THE ARTIST DIGITAL DISTRIBUTION AGREEMENT (THE "AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. BY ENTERING YOUR NAME AND CLICKING ON THE "I AGREE" BUTTON BELOW, YOU (OR THE PARTY YOU ARE AUTHORIZED TO REPRESENT) WILL BECOME A PARTY TO, AND WILL BE BOUND BY THIS AGREEMENT. THE "EFFECTIVE DATE" OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE "I AGREE" BUTTON BELOW. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON "CANCEL" AND YOU WILL BE RETURNED TO THE HOME PAGE OF THIS WEB SITE.

Certain Definitions.
The following capitalized terms shall have the following meanings for purposes of this Agreement:

"Authorized Artwork" means album cover artwork and any other artwork relating to Recordings that you provide to us. All such artwork shall be deemed to have been cleared by you for all purposes unless you shall have provided us with written notice to the contrary.

"Copyright Management Information" means the digital information conveying information regarding a Digital Master, such as your name, the names of all writers, the name of the publisher, the title of the applicable album, the name of the song and the record company name, and same shall be subject to the protection of Title 17, Section 1202 of the United States Copyright Law.

"Digital Master" or "Digital Masters" means a copy or copies of Recordings in digital form.

"Licensee" means the digital Internet consumer stores that are part of the Gold Package or the Platinum or Diamond Package, which we may authorize to carry out the marketing, distribution and sale or other use of Recordings and Authorized Artwork pursuant to the terms of this Agreement. If you purchase the   Gold Package, then the Licensees are those entities that are covered under the Gold Package (see definition below) and when this Agreement refers to the "applicable Licensees", it refers to the Gold Package Licensees. If you purchase the Platinum or Diamond Package, then the Licensees are those entities that are covered under the Platinum or Diamond Package (see definition below) and when this Agreement refers to the "applicable Licensees", it refers to the Platinum or Diamond Package Licensees. Additional Licensees may be added by us to the Gold Package or the Platinum or Diamond Package upon written notice to you.

"Recordings" means sound recordings and audio/visual recordings and underlying musical compositions that you have designated for digital distribution by us and the applicable Licensees, through the use of our Artist Submission Form. Records shall also include any video clips that accompany any sound recordings and audio/visual recordings. Any such sound recordings and audio/visual recordings and the underlying musical compositions must be owned or controlled by you and/or have been cleared by you for all purposes and rights granted and authorized hereunder by you.

"Gold Package" means with respect to the Licensees that are the subject of this Agreement, those entities listed under Gold Package in Exhibit A. Unless you check the box for the "Platinum or Diamond Package", you will automatically be provided with the Gold Package and your Recordings will be available to be listened to or downloaded by the Gold Package Licensees listed on Exhibit A that is attached to the end of these terms and conditions.

"Platinum or Diamond Package" means with respect to the Licensees that are the subject of this Agreement, those entities listed under Platinum or Diamond Package in Exhibit A. You must check the box for the "Platinum or Diamond Package", in order to receive the Platinum or Diamond Package. Under the Platinum or Diamond Package your Recordings will be available for listening to, downloaded or for sale by the Platinum or Diamond Package Licensees listed on Exhibit A.

Authorization.
You hereby appoint us as your authorized representative for the sale, distribution and sub-licensing of rights for your Recordings as provided herein. The rights that are granted by you to us are nonexclusive and are worldwide. Accordingly, you hereby grant to us the non-exclusive right, during the Term to:

Reproduce and convert Recordings into Digital Masters

Perform and make available for promotional purposes, portions of Recordings ("Clips") by "streaming" to promote the license, sale and distribution of Digital Masters;

Promote, sell, distribute, and deliver Digital Masters, as individual tracks or entire albums, and associated metadata to purchasers who may use such Digital Masters in accordance with the terms set forth herein;

Use and copy Digital Masters to be distributed as so-called "conditional" downloads, whether tethered to a device, time limited, play limited or otherwise;

Identify and register your Digital Masters through the use of digital fingerprinting technology (e.g., the "Audible Magic technology), in order to help protect your Digital Masters from piracy and unauthorized duplication;

Use and distribute Copyright Management Information as embodied in a Digital Master;

Display and electronically fulfill and deliver Authorized Artwork used in connection with the Recordings for personal use solely in conjunction with the applicable Digital Master as provided herein;

Use Recordings, and Authorized Artwork and metadata as may be reasonably necessary or desirable for us to exercise our rights under and in furtherance of this Agreement;

Display any and all lyrics associated with a musical composition;

Publicly perform the Recordings via streaming (i.e., playing the song on Internet radio stations and via web sites;

Distribute Recordings free of charge in connection with the promotional programs of our Licensees; and

Authorize the applicable Licensees to perform any one or more of the activities specified above.

Term and Termination.
The term of the Services provided (the "Term") shall commence on the Effective Date and shall continue until either: (i) terminated by you provided that you have paid all necessary fees (this only applies to premium memberships) including Take Down Fees (as defined below); or (ii) terminated by us in the event that you have not made any payment when due. If you paid a Membership Fee, then we may terminate the Services if you fail to pay a Renewal Fee when due. If a payment is not received by us within (5) days of the date such payment is due, we may - and probably will - terminate the Services. Furthermore, this Agreement is subject to the SIGNATURE-TUNES.COM web site (the "Site") Terms and Conditions of Use. In the event of any conflict between the terms of this Agreement and the Site Terms and Conditions of Use, the Site Terms and Conditions of Use will control. We may terminate this Agreement at any time in the event that you breach any of the Site Terms and Conditions of Use. You may terminate your use of the Services at any time by through the Manage Premium Services interface in your account, which can be accessed through this link . In the event you terminate the Services no fee or portion thereof will be refunded unless otherwise stated by the current Refund Policy. In the event that the Services are terminated for any reason, we will have thirty (30) days to notify all applicable Licensees to discontinue the distribution and sale of Recordings and Digital Masters.

English Translation: If you terminate the Services, it may take up to 30 days to get your music and profile taken down. If you fail to pay the annual Renewal Fee, we can terminate the Services

(1) Until such time as we have received all applicable Take Down Fees from you, your Recordings and Digital Masters may not be taken down by any or all of the applicable Licensees;

(2) All rights granted to us hereunder and the Licensees with respect to your Recordings, Digital Masters and Authorized Artwork will continue;

(3) You will continue to be responsible for your obligations under Section 6.

Once your status under this Agreement has been designated as Abandoned, you may terminate this Agreement by paying all applicable Take Down Fees and any additional late payment fees. Upon our receipt of such payments, your Recordings and Digital Masters will be taken down by the applicable Licensees and upon the discontinuance by all Licensees of your Recordings for sale, this Agreement will terminate. In the event that your release was Abandoned, has not been taken down, and you would like to re-activate the Services, you may pay our then-current Membership Fee and upon our receipt of such fee, your Membership will be reactivated. Reinstatement will not cause any payments retained by us while your status was Abandoned to be paid to you. When you pay the Reinstatement Fee and re-subscribe to the Services, you will again be obligated to pay the annual Renewal Fees. Keep in mind that notwithstanding the foregoing, upon termination of the Services for any reason, the Licensees may take down your Recordings and Digital Masters at any time, in which case this Agreement will terminate in its entirety except for your payment obligations owed to us and any terms of this Agreement that survive termination.

English Translation: Believe it or not, removing your music from the online retailers is a manual process, costing us time and money to do it. If you cancel the Services for the Platinum or Diamond Package, the Take Down Fee is $30.00 for each release. This fee is pretty much standard in the business because everyone has to do it manually. If the appropriate Take Down Fees are not paid at the time you cancel your Services you are 'abandoning' the music. It's the fairest way we could come up with to prevent anyone from abusing the Services.

Subscription Fees.
In consideration for the digital distribution services provided by us hereunder (the "Services") and the payments you may receive as set forth in Section 5 below (this applies to premium membership only), you pay us a One-Time Fee as outlined below.

One-Time Fee.
The fees set forth above may be adjusted by us from time to time; provided that we give you not less than thirty (30) days notice of any fee increase. By entering into this Agreement, You are expressly agreeing that we may charge all fees you owe us, including the applicable Membership Fee and applicable annual Renewal Fee to the payment method (e.g., credit card, PayPal account, debit card, etc.). You are solely responsible for all charges, fees, duties and taxes, incurred by you in connection with the Services.

Payments to You.
As we receive sales information from the Licensees with respect to your Recordings, we will publish this information to your profile and make this information available to you through your control room. Most stores (like iTunes) send your sales information and money within 60 days after the end of the month in which the sale takes place. As an example, if you had sales in the month of February, the stores typically send your sales information and money by April 30 (60 days after the end of February). Some stores, like eMusic and Napster (for streams only) send your sales information and money within 60 days after the end of each QUARTER. So if your music sold in those stores any time during January, February or March, you'll know about all three months by May 30.

English Translation: You keep 100% of the money received from iTunes, Amazon, etc. for the sale of your music. We take ZERO!

Your Obligations.
You shall obtain and pay for any and all clearances and licenses as may be required for uses of Recordings and Authorized Artwork. Specifically, and without limiting the generality of the foregoing, you shall be responsible for and shall pay (i) any royalties and other sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses of Digital Masters, (ii) all mechanical royalties or other sums payable to publishers and/or authors or co-authors of musical compositions embodied in Digital Masters from sales or other uses of Digital Masters, (iii) all payments that may be required under any collective bargaining agreements applicable to you or any third party, and (iv) any other royalties, fees and/or sums payable with respect to Recordings, and Authorized Artwork, and other materials provided by you to us. You agree that any amount payable to you hereunder is inclusive of any so-called "artist royalties" that might otherwise be required to be paid for sales or exploitations pursuant to the applicable laws of any jurisdiction.

Your obligations under this Section 6 will survive termination of this Agreement for any reason.

English Translation: You are obligated to pay any other potential right's holder that may have a claim on the songs you are selling. We DO NOT do that for you. You are agreeing to take on that responsibility entirely.

Names and Likenesses; Promotional Use and Opportunities.
We may use and authorize the applicable Licensees to use the names and approved likenesses of, and biographical material concerning, any artists, bands, producers and/or songwriters, as well as track and/or album name, and Authorized Artwork, in any marketing materials for the sale, promotion and advertising of the applicable Digital Master that is offered for sale or other use under the terms of this Agreement (e.g., an artist or band name and likeness may be used in an informational fashion, such as by textual displays, to identify and represent authorship, production credits, and performances of the applicable artist or band in connection with the exploitation of applicable Digital Masters).

English Translation: When you send your music to iTunes, etc. you are giving them the right (but not the obligation) to promote it on their site with your album cover art, metadata, etc. You are also giving Signature Tunes the right to promote links or images to your music at the retailers. There is no guarantee; however, that anyone will promote your music, nor that any promotion will generate sales for you.

Ownership.
Subject to our rights hereunder or under any prior agreement between you and us, insofar as we are concerned, all right, title and interest in and to (i) Recordings and Authorized Artwork, (ii) the Digital Masters, (iii) the Clips, (iv) all copyrights and equivalent rights embodied therein, and (v) all materials furnished by you, shall be and remain your property.

English Translation: You own the rights to your music and are in NO WAY giving us the rights to do more than submit it to the retailers for you.

Modification, Survival.
We reserve the right to change, modify, add to or remove all or part of this Agreement. Notice of any such changes shall be sent to you by email at least thirty (30) business days prior to their effective date. In the event that you do not consent to any such proposed changes your sole recourse shall be to terminate the Term of this Agreement by written notice to us as provided herein, and your failure to do so within thirty (30) business days of the date of any such email from us to you shall constitute your acceptance of such changes. The expiration of the Term of this Agreement shall not relieve either party from their respective obligations incurred prior to or during the Term, and Sections 1, 11, 12 and 13 of this Agreement will continue to apply even after the expiration or termination of this Agreement.

English Translation: We have no intention of changing the deal we have with you, but circumstances can change (for example, online distributors can change their payouts, etc.) that require us to have the flexibility to change our offering if we need to do so. You will always be notified of this with time to react, and all digital retail 'on-ramps' like us require this flexibility.

Indemnification and Infringement.
If we receive a claim that the use of Recordings, Digital Masters or Authorized Artwork or any other materials provided or authorized by you is in violation of any third party rights, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our Licensees and affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any such claim. Accordingly, you agree to reimburse us and our Licensees and our affiliates on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 11, provided that we obtain your written consent prior to making any such payments. You agree that your consent will not be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and by obtaining and posting and maintaining an appropriate bond for our benefit you may assume control of the defense of such claim, provided that we shall have the right in all events to participate in the defense thereof. If a claim is made we will have the right to withhold payment of any monies due you hereunder in an amount reasonably related to the claim and potential expenses.

If we or a Licensee receives a written notice of a dispute regarding ownership or control of a Recording, which in each case is not a Legal Claim (as defined below) (each, a "Rights Dispute") from any party and you disaffirm any rights you may have to the Recording ("Non-disputed Content"), and we or our Licensee(s) decide, in our or their sole discretion, to issue a take down request for the Non-disputed Content, you shall be liable for paying the applicable Take Down Fee for such Non-disputed Content. If we or a Licensee receives written notice of a summons, lawsuit, or other legal action filed in a court of competent jurisdiction alleging infringement of any rights of any third party (including, without limitation, any claim for trademark or copyright infringement, defamation, unfair competition or infringement of privacy or publicity) in connection with any Recording (each, a "Legal Claim") and we or our Licensee(s) decide, in our or their sole discretion, to issue a take down request for the Recording that is the subject of the Legal Claim, you shall be liable for paying all Take Down Fees for such Recording regardless of whether you dispute the Legal Claim.

English Translation: If the material you submit violates copyright claims by others, you will pay for 100% of the legal fees to sort it out. You and ONLY YOU are responsible for copyright issues.

Additional Representations and Warranties of the Parties.
You represent and warrant that you are at least 18 years of age and have the full authority to act on behalf of any and all owners of any right, title or interest in and to Recordings or Authorized Artwork

You represent and warrant that you own or control the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by us and our Licensees shall not violate or infringe the rights of any third party.

You represent and warrant that: (i) you have the right and authority to enter into this Agreement and to grant to us all rights specified herein; (ii) all of Recordings, including any sampled third party material embodied therein, Authorized Artwork, metadata, videos and any other materials furnished by you to us or relating to Recordings are owned or controlled by you and any distribution of the same shall not infringe on the copyrights or other rights of any person or entity; and (iii) we and our Licensees shall have the right to exploit the Recordings, Digital Masters and Authorized Artwork in all manners set forth hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity, other than the royalties due to you described in Section 5 above.

Each party represents and warrants that it shall not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this Agreement.

Each party represents and warrants that it shall perform their obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.

The parties acknowledge and agree that in the course of negotiating and transacting business under this Agreement each party may become aware of certain otherwise confidential information related to the other's business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, the parties agree to keep such information confidential.

Disclaimer: We make no guarantees whatsoever with respect to minimum sales of your Recordings, the marketing, promotion or advertisement of your Recordings or whether a site visitor will actually purchase your Recordings for sale. 

English Translation: By submitting material for distribution to retailers via our service, you are stating that you have all rights necessary to do so.

General Provisions.
The parties agree and acknowledge that the relationship between the parties is that of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, or employee.

This Agreement contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties relating to the subject matter hereof. This Agreement cannot be changed or modified except as provided herein. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.

This Agreement shall be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.

Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the address provided by you upon registration with us, or as properly updated.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in New York, New York, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the "Revised Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of New York, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the New York state courts located in New York, or the federal district court for New York located in New York. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.

This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

You acknowledge that in providing the Digital Distribution Services and payments hereunder, we will be required to enter into certain sublicensing agreements with our Licensees. You agree that the terms of this Agreement shall be subject to any applicable terms and conditions of the agreements we enter into with respect to such Licensees.

Exhibit A.

"Gold Package" retailers:

iTunes (US)

iTunes (Aus/NZ)

iTunes (Canada)

iTunes (UK/Europe)

iTunes (Japan)

iTunes (Asia)

iTunes (Mexico)

Google Music

Myspace Music

Last.fm

Spotify

Zune

Amazon MP3

MOG

Rhapsody

eMusic

La Curacao

Synacor

Moozone

GetGreenMusic

Virgin Mega

Deezer

Simfy

Guvera

Aspiro

7digital

"Platinum and Diamond Package" retailers:

*All of the retailers from the "Gold Package", plus

We7

Myxer

Puretracks (Digital Jukebox)

Nokia

Rdio

24/7

3. Termination
3.1 You may terminate your use of the Services at any time by through the Manage Premium Services interface in your account, which can be accessed through this link . In the event you terminate the Services no monthly fee or portion thereof will be refunded unless otherwise stated by the current Refund Policy.

3.2 SIGNATURE TUNES may terminate your use of the Services at any time with or without cause, and with or without notice. SIGNATURE TUNES shall have no liability to you or any third party because of such termination.

3.3 SIGNATURE TUNES will delete any of your archived data related to the Services within thirty (30) days after the date of termination of your use of the Services. All sections of these Terms of Use which by their nature should survive termination will survive termination of your use of the Services, including, without limitation, ownership, warranty disclaimers, indemnification and limitations of liability.

4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SIGNATURE TUNES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SIGNATURE TUNES DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND SIGNATURE TUNES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR SIGNATURE TUNES TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.

5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SIGNATURE TUNES OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SIGNATURE TUNES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, SIGNATURE TUNES IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF SIGNATURE TUNES TO YOU WILL BE LIMITED TO THE AMOUNT THAT YOU HAVE PAID, IF ANY, TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Prohibited Content and Commerce Section
SIGNATURE TUNES prohibits the use of the Services by any person or entity that engages in any of the following:

Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.

Displays material that exploits children, or otherwise exploits children under 18 years of age.

Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, or spam, such as online pharmacies, work at home businesses, credit or finance management, mortgage and debt relief offers.

Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or   excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.

Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor).

Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.

Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.

Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses.

Engages in any libelous, defamatory, scandalous, threatening, harassing activity.

Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.

Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

SIGNATURE TUNES reserves the right to prohibit the use of the Services by any person or entity if SIGNATURE TUNES, believes in its sole discretion, that such use may violate any federal, state or local, law, rule or regulation.

7. Indemnification.
By using the Services you agree to indemnify SIGNATURE TUNES, and its officers, employees, and licensors, and to hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your use of the Services, regardless of whether such use is authorized by you. By using the Services, you are hereby agreeing to release SIGNATURE TUNES and its licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against SIGNATURE TUNES arising out of or in any way related to your use of the Services.

8. Miscellaneous
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. No delay or omission by either party in exercising any right or remedy under these Terms of Use or existing at law or equity shall be considered a waiver of such right or remedy. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind SIGNATURE TUNES in any respect whatsoever. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover its costs and attorneys' fees.

3. Term and Termination

3.1 The Terms of Use represent a year-to-year agreement between you and us for the Services. For each month in which you wish to receive the Services, payment of the applicable annual fee must be received by us in advance. In the event an annual payment is not received, prior to the first day of the year (twelve month period) for which Services are requested, your use of the Services will be immediately terminated.
 You may terminate your use of the Services at any time by through the Manage Premium Services interface in your account, which can be accessed through this link . In the event you terminate the Services no annual fee or portion thereof will be refunded unless otherwise stated by the current Refund Policy.

3.2 We may terminate your use of the Services at any time with or without cause, and with or without notice. In the event that SIGNATURE TUNES unilaterally terminates your use of the Services without cause, you will be refunded a pro rata portion of any annual fee paid for which Services are not provided. Except for the foregoing, we shall have no liability to you or any third party because of such termination.

3.3 All sections of these Terms of Use which by their nature should survive termination will survive termination of your use of the Services, including, without limitation, ownership, warranty disclaimers, indemnification and limitations of liability.

4. Warranty Disclaimer; Remedies.
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SIGNATURE TUNES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SIGNATURE TUNES DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE DATA PROVIDED IN CONNECTION THEREWITH. THE SERVICES ARE PROVIDED "AS IS" AND SIGNATURE TUNES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE, AT THE DISCRTION OF SIGNATURE TUNES, EITHER (i) SIGNATURE TUNES WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPERFORM THE SERVICES; OR (ii) SIGNATURE TUNES WILL PROVIDE A REFUND OF THE ANNUAL FEE PAID FOR THE SERVICES AT ISSUE.

5.Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SIGNATURE TUNES OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SIGNATURE TUNES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, SIGNATURE TUNES IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF SIGNATURE TUNES TO YOU WILL BE LIMITED TO THE MONTHLY AMOUNT THAT YOU HAVE PAID, IF ANY, TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Fees.
In order to receive the Services, you must pay a annual subscription (for a premium account "Platinum or Diamond) fee in advance for each year for which the Services are provided. The annual fee that is due is the amount indicated by you when you registered for the Services. We may increase the annual fee at any time. In the event that you do not agree with the new annual fee, your sole recourse is to not continue to pay the annual fee, in which event, your right to receive the Services will terminate.

7. Release.
By using the Services, you are hereby agreeing to release SIGNATURE TUNES and its licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against SIGNATURE TUNES arising out of or in any way related to your use of the Services.

8. Miscellaneous.
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. No delay or omission by either party in exercising any right or remedy under these Terms of Use or existing at law or equity shall be considered a waiver of such right or remedy. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind SIGNATURE TUNES in any respect whatsoever. In any action or proceeding to enforce its rights under these Terms of Use, the prevailing party will be entitled to recover its costs and attorneys' fees.

Signature Tunes Press Kits™ Terms of Use

SIGNATURE-TUNES.COM, owned by Signature Tunes, Inc., provides artists with a way to develop, package and send press materials to media contacts, venues and other parties through Signature Tunes Press Kits ("STPKs"). For a complete description of the services provided by a STPK, see www.SIGNATURE-TUNES.COM/band-promotion/rpk. SIGNATURE-TUNES.COM, its parents, owner, successors, assigns, and affiliate corporations are hereinafter sometimes individually and collectively referred to as " SIGNATURE TUNES ", "we" or "us."

The following are the terms and conditions that govern your use of the STPK services. By clicking the 'I accept these terms and conditions' button below, you accept these Terms of Use ("Terms of Use").

1. Acknowledgements, Services.
Subject in each case to the terms listed in the remainder of these Terms of Use, you hereby acknowledge and agree that: (i) the services provided in connection with the STPK (the "Services") will not be used for any illegal purposes; and (ii) your use of the Services will automatically terminate when your account with SIGNATURE TUNES is deactivated (i.e., you are no longer a registered user), whether deactivation is by you or by us. We may deactivate your account at any time and for any reason.

1.1 The Services are provided subject to these Terms of Use and the Terms and Conditions of Use of the SIGNATURE TUNES web site, as they may be amended by SIGNATURE TUNES from time to time. In the event of any conflict between these Terms of Use and the SIGNATURE-TUNES.COM web site Terms and Conditions of Use, these Terms of Use will control. SIGNATURE TUNES may modify and amend these Terms of Use at any time by posting updated versions of these Terms of Use on the SIGNATURE-TUNES.COM web site, or otherwise providing notice of such updates to you. All modifications and updates shall be effective as of the first to occur of the time of posting or upon the date notice is sent to you.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.

1.3 You must complete the registration form in order to use the Services. You agree that all information provided by you in connection with the registration and sign-up process will be true, accurate, current, and complete. As part of the registration process, you will identify a username and password for your STPK account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. SIGNATURE TUNES reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

2. Restrictions and Responsibilities.
The Services may be used solely for your personal use or the use of your band. You acknowledge and agree that the STPK name and logo and all related product and service names, design marks and slogans, are the property of SIGNATURE TUNES (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of SIGNATURE TUNES. You represent, covenant, and warrant that you will use the Services only in compliance with these Terms of Use and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless SIGNATURE TUNES against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services.

3. Term and Termination

3.1 The Terms of Use represent a year-to-year agreement between you and us for the Services. For each year in which you wish to receive the Services, payment of the applicable annual fee must be received by us in advance. In the event an annual payment is not received, prior to the first day of the year (12 month period) for which Services are requested, your use of the Services will be immediately terminated. You may terminate your use of the Services at any time by through the Manage Premium Services interface in your account, which can be accessed through this link . In the event you terminate the Services no annual fee or portion thereof will be refunded unless otherwise stated by the current Refund Policy.

3.2 We may terminate your use of the Services at any time with or without cause, and with or without notice. In the event that SIGNATURE TUNES unilaterally terminates your use of the Services without cause, you will be refunded a pro rata portion of any annual fee paid for which Services are not provided. Except for the foregoing, we shall have no liability to you or any third party because of such termination.

3.3 All sections of these Terms of Use which by their nature should survive termination will survive termination of your use of the Services, including, without limitation, ownership, warranty disclaimers, indemnification and limitations of liability.

4. Warranty Disclaimer; Remedies.
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SIGNATURE TUNES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SIGNATURE TUNES DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE DATA PROVIDED IN CONNECTION THEREWITH. THE SERVICES ARE PROVIDED "AS IS" AND SIGNATURE TUNES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE, AT THE DISCRETION OF SIGNATURE TUNES, EITHER (i) SIGNATURE TUNES WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPERFORM THE SERVICES; OR (ii) SIGNATURE TUNES WILL PROVIDE A PARTIAL REFUND OF THE ANNUAL FEE PAID FOR THE SERVICES AT ISSUE.

5. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SIGNATURE TUNES OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SIGNATURE TUNES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, SIGNATURE TUNES IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF SIGNATURE TUNES TO YOU WILL BE LIMITED TO THE ANNUAL AMOUNT THAT YOU HAVE PAID, IF ANY, TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Fees.
In order to receive the Services, you must pay a annual subscription fee in advance for each year for which the Services are provided. The annual fee that is due is the amount indicated by you when you registered for the Services. We may increase the annual fee at any time. In the event that you do not agree with the new annual fee, your sole recourse is to not continue to pay the annual fee, in which event, your right to receive the Services will terminate.

7. Release.
By using the Services, you are hereby agreeing to release SIGNATURE TUNES and its licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against SIGNATURE TUNES arising out of or in any way related to your use of the Services.

8. Miscellaneous.
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. No delay or omission by either party in exercising any right or remedy under these Terms of Use or existing at law or equity shall be considered a waiver of such right or remedy. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind SIGNATURE TUNES in any respect whatsoever. In any action or proceeding to enforce its rights under these Terms of Use, the prevailing party will be entitled to recover its costs and attorneys' fees.

Massive Tunes Vault™ Terms of Use

SIGNATURE-TUNES.COM, owned by Signature Tunes, Inc., provides artists with a way to upload songs up to 100 MB in size through Massive Tunes Vault. For a complete description of the services provided by Massive Tunes Vault, see www.SIGNATURE-TUNES.COM/band-promotion/megasongstorage. SIGNATURE-TUNES.COM, its parents, owner, successors, assigns, and affiliate corporations are hereinafter sometimes individually and collectively referred to as " SIGNATURE TUNES ", "we" or "us."

The following are the terms and conditions that govern your use of the Massive Tunes Vault services. By clicking the 'I accept these terms and conditions' button below, you accept these Terms of Use ("Terms of Use").

1. Acknowledgements, Services.
Subject in each case to the terms listed in the remainder of these Terms of Use, you hereby acknowledge and agree that: (i) the services provided in connection with the Massive Tunes Vault (the "Services") will not be used for any illegal purposes; and (ii) your use of the Services will automatically terminate when your account with SIGNATURE TUNES is deactivated (i.e., you are no longer a registered user), whether deactivation is by you or by us. We may deactivate your account at any time and for any reason.

1.1 The Services are provided subject to these Terms of Use and the Terms and Conditions of Use of the SIGNATURE TUNES web site, as they may be amended by SIGNATURE TUNES from time to time. In the event of any conflict between these Terms of Use and the SIGNATURE-TUNES.COM web site Terms and Conditions of Use, these Terms of Use will control. SIGNATURE TUNES may modify and amend these Terms of Use at any time by posting updated versions of these Terms of Use on the SIGNATURE-TUNES.COM web site, or otherwise providing notice of such updates to you. All modifications and updates shall be effective as of the first to occur of the time of posting or upon the date notice is sent to you.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.

1.3 You must complete the registration form in order to use the Services. You agree that all information provided by you in connection with the registration and sign-up process will be true, accurate, current, and complete. As part of the registration process, you will identify a username and password for your Massive Tunes Vault account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. SIGNATURE TUNES reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

2. Restrictions and Responsibilities.
The Services may be used solely for your personal use or the use of your band. You acknowledge and agree that the Massive Tunes Vault name and logo and all related product and service names, design marks and slogans, are the property of SIGNATURE TUNES (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of SIGNATURE TUNES. You represent, covenant, and warrant that you will use the Services only in compliance with these Terms of Use and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless SIGNATURE TUNES against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services.

3. Term and Termination

3.1 The Terms of Use represent an annual agreement between you and us for the Services. For each year in which you wish to receive the Services, payment of the applicable annual fee must be received by us in advance. In the event an annual payment is not received, prior to the first day for which Services are requested, your use of the Services will be immediately terminated.
 You may terminate your use of the Services at any time through the Manage Premium Services interface in your account, which can be accessed through this link. In the event you terminate the Services no annual fee or portion thereof will be refunded unless otherwise stated by the current Refund Policy.

3.2 We may terminate your use of the Services at any time with or without cause, and with or without notice. In the event that SIGNATURE TUNES unilaterally terminates your use of the Services without cause, you will be refunded a pro rata portion of any annual fee paid for which Services are not provided. Except for the foregoing, we shall have no liability to you or any third party because of such termination.

3.3 All sections of these Terms of Use which by their nature should survive termination will survive termination of your use of the Services, including, without limitation, ownership, warranty disclaimers, indemnification and limitations of liability.

4. Warranty Disclaimer; Remedies.
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SIGNATURE TUNES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SIGNATURE TUNES DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE DATA PROVIDED IN CONNECTION THEREWITH. THE SERVICES ARE PROVIDED "AS IS" AND SIGNATURE TUNES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE, AT THE DISCRETION OF SIGNATURE TUNES, EITHER (i) SIGNATURE TUNES WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPERFORM THE SERVICES; OR (ii) SIGNATURE TUNES WILL PROVIDE A REFUND OF THE ANNUAL FEE PAID FOR THE SERVICES AT ISSUE.

5. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SIGNATURE TUNES OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SIGNATURE TUNES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, SIGNATURE TUNES IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF SIGNATURE TUNES TO YOU WILL BE LIMITED TO THE ANNUAL AMOUNT THAT YOU HAVE PAID, IF ANY, TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Fees.
In order to receive the Premium Services, you must pay an annual subscription fee in advance for each year for which the Services are provided. The annual fee that is due is the amount indicated by you when you registered for the Services. We may increase the annual fee at any time. In the event that you do not agree with the new annual fee, your sole recourse is to not continue to pay the annual fee, in which event, your right to receive the Services will terminate.

7. Release.
By using the Services, you are hereby agreeing to release SIGNATURE TUNES and its licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against SIGNATURE TUNES arising out of or in any way related to your use of the Services.

8. Miscellaneous.
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. No delay or omission by either party in exercising any right or remedy under these Terms of Use or existing at law or equity shall be considered a waiver of such right or remedy. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind SIGNATURE TUNES in any respect whatsoever. In any action or proceeding to enforce its rights under these Terms of Use, the prevailing party will be entitled to recover its costs and attorneys' fees.

MobileApp Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS, WHEN ACCEPTED BY YOU (WHETHER AS AN INDIVIDUAL, OR IF APPLICABLE, ACTING AS THE AUTHORIZED LEGAL REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY OR CORPORATION) AND SIGNATURE-TUNES.COM , OWNED AND OPERATED BY SIGNATURE TUNES, INC. (REFERRED TO IN THIS AGREEMENT AS "US", "OUR" AND "WE") SHALL CONSTITUTE THE MOBILEAPP AGREEMENT (THE "AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. BY ENTERING YOUR NAME AND CLICKING ON THE "I AGREE" BUTTON BELOW, YOU (OR THE PARTY YOU ARE AUTHORIZED TO REPRESENT) WILL BECOME A PARTY TO, AND WILL BE BOUND BY THIS AGREEMENT. THE "EFFECTIVE DATE" OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE "I AGREE" BUTTON BELOW. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON "CANCEL" AND YOU WILL BE RETURNED TO THE HOME PAGE OF THIS WEB SITE.

1. Certain Definitions.
The following capitalized terms shall have the following meanings for purposes of this Agreement:

a. "Artwork" means album cover artwork and any other artwork relating to Recordings that you provide to us. All such artwork shall be deemed to have been cleared by you for all purposes and for worldwide use in the Mobile App.

b. "Recordings" means sound recordings and audio/visual recordings and underlying musical compositions that you have included in the MobileApp. Recordings shall also include any video clips that accompany any sound recordings and audio/visual recordings. Any such sound recordings and audio/visual recordings and the underlying musical compositions must be owned or controlled by you and/or have been cleared by you for worldwide use in your MobileApp.

2. Services. 
Pursuant to the terms of this Agreement, we will provide you with the services (the "App Development Services") to develop a MobileApp (if required). "MobileApp" means a mobile application developed using the App Development Services, which is developed for use with the iPhone and intended to be distributed through the Apple App Store. We may expand and/or enhance the App Development Services, in our sole discretion, to provide for the creation of MobileApps that will run on other platforms (e.g., Android, Blackberry, etc.). We do not promise that the App Development Services will be expanded or enhanced, and the development and distribution of a MobileApp on non-iPhone platforms may be subject to additional terms and conditions, and the payment of additional fees. Your use of the App Development Services is subject to the following terms and conditions:

(i) You must provide all the Recordings, Artwork and any other content (collectively, the "Content") for use in the MobileApp and you may not use any Content that you do not own when developing your MobileApp;

(ii) You acknowledge and agree that we do not guaranty that your MobileApp will be accepted by Apple or any other mobile platform provider;

(iii) You acknowledge and agree that we have no control over the scheduling of the approval process of Apple and that approval of your MobileApp may take an extended period of time.

(iv) You acknowledge and agree your MobileApp will be developed for the iPhone and that we do not promise that your MobileApp will be compatible with any other mobile platforms; and

(v) If your MobileApp is rejected by Apple, we will assist you with changing the MobileApp subject to certain limitations. We do not guarantee that Apple will ever accept your MobileApp. (See Section 4 below for further information)

3. Authorization.
You hereby appoint us as your authorized representative solely to: (i) create a personal developer account under your name with Apple; and (ii) represent you in connection with the inclusion of your MobileApp in the Apple App Store. The rights that are granted by you to us are exclusive and are worldwide.

a. In order to include your MobileApp in the Apple App Store, you must have a Personal Developer Account with Apple. Consequently, you hereby authorize us to create a Personal Developer Account under your name with Apple (your "Personal Development Account"). Any fees required to create this account are included in the annual fee you pay to us, which is described in Section 6 below. Your Personal Developer Account will be created by us using information provided by you. It will be used solely for the purposes of including your MobileApp in the Apple App Store. We will not disclose your account information to any third party. You agree to provide us with any information that we need to establish your Personal Development Account, including your first and last name, and/or to complete and return to us any personal profile data sheet that we may provide to you so that we have the necessary information to open your Personal Development Account. Upon termination of this Agreement, we will promptly close your Personal Development Account. Should your Personal Development Account receive any emails from Apple or any other third party, we have no obligation to answer such emails of forward such emails to you.

b. In order to distribute your MobileApp through the Apple App Store, you hereby grant to us, and allow us to grant to Apple the exclusive right to:

(i) Review and reproduce your MobileApp and all Content included therein on a worldwide basis;

(ii) Make your MobileApp available on the iPhone store on a worldwide basis; and

(iii) Promote your MobileApp.

4. Development and Acceptance of MobileApps.
Whether your Mobile App is accepted or made available by Apple is outside of our control. We do not review or police your Content, nor do we make editorial decisions related to your Content. In the event that your MobileApp is rejected by Apple (including rejections after the MobileApp has been made available through the Apple App Store) due to your Content, we will resubmit your MobileApp subject to payment of an additional fee. Currently that fee is $35 per submission, although we may change that fee at any time. If your MobileApp is rejected solely as a result of a defect in the App Development Services (i.e., the rejection is our fault), we will resubmit your MobileApp at no additional charge. In the event that you make changes to your MobileApp after its submission to Apple, which require resubmission of the MobileApp to Apple, we will resubmit your MobileApp subject to your payment of an additional fee.

5. Term.
The term of this Agreement (the "Term") is one year. You may renew this Agreement on an annual basis by paying the then-current annual fee. This Agreement is subject to the SIGNATURE-TUNES.COM web site (the "Site") Terms and Conditions of Use. In the event of any conflict between the terms of this Agreement and the Site Terms and Conditions of Use, the Site Terms and Conditions of Use will control.

6. Fees and Payment.
You agree to an annual fee of $299 (as such fee may be adjusted from time to time) in exchange for the App Development Services and any other services that we may provide to you under this Agreement. Should you fail to pay the annual fee in advance, we may terminate this Agreement. The fees paid by you hereunder entitle you to use the App Development Services for the indicated term. All fees are due in advance and are nonrefundable. No prorated refunds or credits will be provided under any circumstances. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with your receipt or use of the App Development Services. Should you fail to make an annual payment when due, we will terminate this Agreement take the actions set forth in Section 11 below.

Please note that the annual fee of $299 may be adjusted by us from time to time; provided that we give you not less than thirty (30) days notice of any fee increase. By entering into this Agreement, You are expressly agreeing that we may charge all fees you owe us to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided in the registration process. In addition, you agree that we are authorized to deduct any fees you have agreed to pay and any applicable taxes and other charges you may incur under this Agreement. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may terminate this Agreement and/or discontinue providing App Development Services hereunder.

7. No payments to you.
Neither Apple, nor you will receive any payments pursuant to the distribution of your MobileApp. Your MobileApp will be made available from the Apple App Store for free download on a worldwide basis.

8. Apple iPhone End User Terms and Conditions.
All apps that are distributed from the Apple App Store are distributed pursuant to, and conditional upon the end user's agreement to, an end user license agreement. Your MobileApp will be distributed pursuant to Apple's standard end user license agreement for iPhone apps.

9. User Data.
We may collect certain tracking and usage data generated or provided by end users of your MobileApp, including but not limited to personally identifiable information ("Usage Data"). We may provide all or part of the Usage Data to you. You agree to comply with all applicable laws with regard to your use of Usage Data. You will not transfer or disclose any Usage Data to any third party. You are solely responsible for any disputes between yourself and end users of the MobileApp. We do not in any way screen end users. In the event that we provide Usage Data to you, we are not responsible for the accuracy of such data, and we disclaim any and all liability relating thereto.

10. Your Obligations.
You shall obtain and pay for any and all clearances and licenses as may be required for uses of Content in your MobileApp on a worldwide basis. Specifically, and without limiting the generality of the foregoing, you shall be responsible for and shall pay (i) any royalties and other sums due to artists, authors, co-authors, copyright owners and co-owners, producers from uses of the MobileApp, (ii) all royalties or other sums payable to publishers and/or authors or co-authors of musical compositions embodied in your MobileApp, and (iii) any other royalties, fees and/or sums payable with respect to Content used by you in the MobileApp. Your obligations under this Section 10 will survive termination of this Agreement for any reason.

11. Rights to Terminate Agreement and Withdraw MobileApp.
You shall have the right at any time during the Term hereof upon written notice to us to terminate this Agreement. If you decide to terminate this Agreement, simply send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. 
';document.getElementById('cloak405fc69e921077315161779313c4166f').innerHTML += ''+addy_text405fc69e921077315161779313c4166f+'<\/a>'; requesting that this Agreement be terminated. In the event of termination, we will not provide a refund of any amounts paid by you. We may terminate this Agreement at any time in the event that you fail to make an annual payment when due or breach any of the Site Terms and Conditions of Use, or any of the terms of this Agreement. Upon termination, your MobileApp will be promptly deleted from all iPhones and other devices, and your MobileApp will be withdrawn from the Apple App Store. You will not be entitled to any refund upon termination of this Agreement. Note that we reserve the right to terminate this Agreement at our sole discretion in the event that Content provided by you is extremely offensive.

12. Ownership.
Subject to our rights hereunder or under any prior agreement between you and us, insofar as we are concerned, all right, title and interest in and to the MobileApp (exclusive of Content provided by you) is owned by us. You will retain all rights in and to the Content provided by you.

13. Modification, Survival.
We reserve the right to change, modify, add to or remove all or part of this Agreement. Notice of any such changes shall be sent to you by email at least thirty (30) business days prior to their effective date. In the event that you do not consent to any such proposed changes your sole recourse shall be to terminate this Agreement by written notice to us as provided herein, and your failure to do so within thirty (30) business days of the date of any such email from us to you shall constitute your acceptance of such changes. The expiration of the Term of this Agreement shall not relieve either party from their respective obligations incurred prior to or during the Term, and Sections 1, 9, 10, 12, 13, 14, 15 and 16 of this Agreement will continue to apply even after the expiration or termination of this Agreement.

14. Indemnification and Infringement.
If we receive a claim that the use of the Content provided by you when used in the MobileApp is in violation of any third party rights, you agree to fully indemnify and hold us harmless, and upon our request, defend us (and our respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any such claim. Accordingly, you agree to reimburse us on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 14, provided that we obtain your written consent prior to making any such payments. You agree that your consent will not be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and by obtaining and posting and maintaining an appropriate bond for our benefit you may assume control of the defense of such claim, provided that we shall have the right in all events to participate in the defense thereof. If a claim is made we will have the right to withhold payment of any monies due you hereunder in an amount reasonably related to the claim and potential expenses.

15. Additional Representations and Warranties of the Parties.

a. You represent and warrant that you are at least 18 years of age and have the full authority to act on behalf of any and all owners of any right, title or interest in and to the Content that is used in the MobileApp.

b. You represent and warrant that: (i) you have the right and authority to enter into this Agreement and to grant to us all rights specified herein; (ii) all Content furnished by you and included in the MobileApp is owned or controlled by you and any distribution of the same as included in the MobileApp shall not infringe on the copyrights or other rights of any person or entity; and (iii) we shall have the right to submit the MobileApp to Apple for distribution through the Apple App Store on a worldwide basis.

c. Each party represents and warrants that it shall not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this Agreement. Each party represents and warrants that it shall perform its obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.

16. General Provisions.

a. The parties agree and acknowledge that the relationship between the parties is that of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, or employee.

b. This Agreement contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties relating to the subject matter hereof. This Agreement cannot be changed or modified except as provided herein. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.

c. This Agreement shall be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.

d. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the address provided by you upon registration with us, or as properly updated.

e. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in New York, in accordance with the "Revised Uniform Arbitration Act" and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of New York, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the New York state courts located in New York, or the federal district court for the City of New York located in Manhattan, New York. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.

f. This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

g. You acknowledge that in providing the digital distribution Services and payments hereunder, we may be required to enter into one or more agreements with Apple. You agree that the terms of this Agreement shall be subject to any applicable terms and conditions of any such agreements with Apple.

TERMS AND CONDITIONS FOR DIGITAL SALES OF MUSIC

EFFECTIVE DATE: December 25th, 2013

SIGNATURE-TUNES.COM, OWNED AND OPERATED BY SIGNATURE TUNES, INC. (HEREINAFTER REFERRED TO AS "OUR", "WE" OR "US"), OPERATES A PROGRAM PURSUANT TO WHICH YOU CAN SELL YOUR MUSIC THROUGH VARIOUS TOUCH POINTS AVAILABLE ON OR THROUGH OUR SITE. FOR EACH SONG THAT YOU SELL, YOU WILL RETAIN ALL THE PROCEEDS. IF YOU WOULD LIKE TO SELL YOUR SONGS AND RETAIN ALL THE PROCEEDS, PLEASE REVIEW THE AGREEMENT. IN ORDER TO SELL YOUR MUSIC FROM VARIOUS TOUCH-POINTS ACCESSIBLE FROM OUR SITE YOU MUST ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. AFTER READING THE TERMS AND CONDITIONS, IF YOU AGREE TO THEM, PLEASE INDICATE YOUR DECISION BY CLICKING ON "I AGREE" AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON "I DO NOT AGREE" AND YOU WILL BE RETURNED TO THE HOME PAGE OF THIS WEB SITE.

1. DESCRIPTION.
We offer you the opportunity to sell your music from various touch points that are accessible from or through our web site located at
http://www.SIGNATURE-TUNES.COM (the "Site"). Specifically, you can sell your Music from your Signature Tunes profile pages (Music Collection) or from a separate web site such as iTunes. When we refer to the sale of your Music from various touch points that are accessible from or through our Site, we mean the sale of Music from your profile (Music Collection) pages.

Please note each item of your music may be referred to in this Agreement as a Song (as defined in Section 7) and Songs may be collectively referred to as your "Music". For each Song, you will retain the proceeds from the sale of the Song as set forth in this Agreement.

You will retain all rights to your Music. If the purchaser of a Song (the "Buyer") purchases a Song, the Buyer will pay you directly through your PayPal account.

We will provide you with free tools and other services that enable you to upload your Music to our Site or touch points available on or through our Site. All sales are solely for a Buyer’s personal and noncommercial use. When a Buyer purchases a Song, the Buyer obtains only a nontransferable right to copy, distribute and listen to the Song on the Buyer’s devices solely for the Buyer’s personal and noncommercial use. The exact rights that a Buyer gets with respect to a Song are outlined below.

2. ACCESS TO DIGITAL ECOM SERVICES.
If you elect to sell your Music from our Site, you will be required to use your existing Signature Tunes user name and password to access and use the Music Collections Services in order to upload your Music and monitor the sale of your Music.

3. TERMS AND CONDITIONS OF USE.
The terms of this Agreement are subject to and include the Signature Tunes Terms and Conditions of Use ("Site Terms and Conditions of Use"). In the event of any conflict between the Site Terms and Conditions of Use and the terms of this Agreement, the terms of this Agreement will control.

4. YOUR RESTRICTIONS AND RESPONSIBILITIES.
You must use the Music Collection Services in a manner that demonstrates common sense and respect for the rights of us and third parties, and in accordance with applicable laws and regulations. You will be solely and exclusively responsible for ensuring that you have obtained all rights to your Music as set forth below, and comply with the terms and conditions of this Agreement and the Site Terms and Conditions of Use, as well as all applicable laws, regulations and rules. In the event that we determine, in our sole discretion, that you are using the Music Collection Services or selling your Music in a manner that is offensive to others or in violation of any law, we may terminate your access to the Music Collection Services and terminate your rights to sell your Music at any time without notice.

5. PRICES, COMPENSATION AND FEES
Each Song will be sold for whatever price you designate (the "Designated Price"), not including any sales or other tax that may be applied. We shall NOT be entitled to any proceeds from the sale of the Song and you will receive all sale proceeds directly from the purchaser into your PayPal account less any PayPal Administrative Fee and/or Payment Processing Fees. Please note that the PayPal Administrative Fee and the Payment Processing Fee may be changed at any time, in accordance with the provisions in the section titled "Miscellaneous" and you may change the Designated Price at any time.

You shall be solely responsible and liable for, and we shall have no responsibility or liability for, any bad debts, fraudulent purchase activity, disputed payments and refunds. We may immediately halt the offering or sale of your Music, prevent or restrict your access to our Site or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by this Agreement and the Site Terms and Conditions of Use, or for any other reason in our sole and absolute discretion.

You agree that the amount payable to you, if any, is inclusive of any so-called "artist royalties" that might otherwise be required to be paid for sales or exploitation of your Music pursuant to the applicable laws of any jurisdiction. You must provide your taxpayer information to us as required by the IRS.

If you elect to sell your Music and you do not already have a payment account set up with PayPal then you must set up an account with them in your name and provide the applicable PayPal email account address as required when establishing your premium account on our site.

We will use your PayPal account data only in accordance with our Privacy Policy that can be reviewed at www.SIGNATURE-TUNES.COM/main/privacy.

Notwithstanding the preceding sentences, we may redistribute previously purchased copies of your Music to Buyers who have, in our sole determination, received a corrupted copy of your Music, an incorrect file format version of your Music, an incomplete copy of your Music, or suffered a loss of your Music through hard drive failure, damage, theft or destruction, on a no-fee basis to the Buyer (i.e., the Buyer is not charged a new fee for the redistribution). Consequently, no additional payments shall be made to you for such redistributions.

6. WHAT RIGHTS DOES A USER GET TO YOUR MUSIC?
As previously mentioned, we will obtain no rights to your Music, except for those rights necessary for us to advertise and sell your Music from our Site. Any Buyer that buys your Music will obtain only the rights to use your Music for personal and noncommercial users. Buyers will be allowed to copy, store and burn your Music and use your Music in connection with an unlimited number of devices as reasonably necessary for the Buyer’s personal and noncommercial use. The rights of a Buyer will be non-transferable and non-sublicenseable.

7. INTELLECTUAL PROPERTY RIGHTS TO MUSIC.
The Music Collection Services provide you with the ability to upload a sound recording ("Sound Recording") and the musical works ("Musical Works") embodied therein (collectively with the applicable Artwork (as defined below), a "Song"). Your Songs may be referred to herein as your "Music." We will not have any ownership rights in any elements of your Music; however, we need the following license to sell your Music. For each Song you upload to our Site for sale, you grant us the worldwide, non-exclusive, royalty-free, right and license, with rights to sublicense, to: (i) reproduce, distribute, publicly perform, publicly display, create derivate works of, communicate to the public and otherwise exploit (collectively, "Exploit" or "Exploitation") (1) the Song using any technologies or methodologies now known or hereafter developed; and (2) all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text ("Artwork") in connection with the sale of the Song; (ii) allow Buyers of our Site to receive public performances and public displays of the Song and Artwork and to reproduce the Song and Artwork on any and all devices owned or controlled by the Buyer solely for non-commercial and personal use; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and members of your band, if applicable, in connection with the sale of your Music.

To enable us to Exploit your Music as set forth above, you hereby grant to us the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the sale of your Music.

By uploading any Song to the Site:

(A) You represent and warrant that (i) you own or otherwise control all rights to (1) your Sound Recordings; (2) the Musical Works embodied in your Sound Recordings (or that such Musical Works are in the public domain or have otherwise been directly licensed to you in writing with a grant of rights sufficient to permit you to enter into this Agreement and to grant all of the rights to us with respect to the Song as set forth in this Agreement (hereinafter "Direct Licensed")); and (3) the Artwork (or that such Artwork is in the public domain or Direct Licensed); (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Sound Recordings you upload to our Site for sale, and the Musical Works embodied therein and to the applicable Artwork associated therewith; (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Song, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Song) as contemplated by this Agreement; and (iv) you are authorized to grant all of the aforementioned rights to the Song to us and all purchasers of the Song.

(B) You represent and warrant that the use or other Exploitation of the Song by us and our authorized sublicensees and distributors and/or by Buyers of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

(C) You represent and warrant that, to the extent you are the songwriter of any or all of the Musical Works embodied in your Sound Recordings, whether in whole or in part (e.g., as a co-writer), you have the full right, power, and authority to grant the rights set forth in this Agreement notwithstanding the provisions of any agreement you may have entered into with any performing rights organization ("PRO"), whether based in the United States (e.g., ASCAP, BMI or SESAC) or elsewhere, or any music publisher, and that you are solely responsible for taking all steps necessary to inform such PRO or music publisher of your grant of a royalty free license to us for the uses set forth herein, including public performances of your Musical Works, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for any use, publishing or performance of your Musical Works.

(D) You represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Sound Recordings as authorized under this Agreement. If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting us the rights and licenses set forth in this Agreement or making the representations and warranties set forth in this Agreement, then you are prohibited from uploading the Song to our Site, and you shall be responsible for indemnifying and holding us harmless from and against any and all claims arising from the exploitation of the Song that is uploaded to our Site, including all court costs and legal fees.

(E) You represent and warrant that you are at least 18 years of age and have the full authority to act on behalf of any and all owners of any right, title or interest in and to the Song.

YOUR USE OF THE MUSIC COLLECTIONS SERVICES IS AT YOUR SOLE RISK. THE MUSIC COLLECTIONS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE MUSIC COLLECTIONS SERVICES WILL MEET YOUR REQUIREMENTS OR (ii) THE MUSIC COLLECTIONS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

8. MARKETING AND ADVERTISING YOUR MUSIC
We reserve the right, but have no obligation, to promote your Music. You agree, however, that we may, for example, feature your Music in our newsletters or on our Site. You agree that we may refer Buyers to your Music, or describe your Music in communications with third parties. You may NOT use "spam," "blast-faxes" or recorded telephone messages to market or sell Music. For your convenience, if a particular Song does not have a UPC code, we may assign a UPC code to that Song.

9. INDEMNIFICATION.
You agree to fully indemnify and hold us and our subsidiaries, affiliates, officers, employees, directors, agents, co-branders and other partners (collectively, the "Related Parties") harmless, and upon our request, defend us and our Related Parties from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any claim made by any third party due to or arising out of or related to: (i) Music you submit, provide for sale or transmit through the Site; (ii) your use of the Music Collection Services; (iii) your violation of this Agreement and/or the Site Terms and Conditions of Use; or (iv) your violation of any rights of any third party.

10. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND THE RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE DIGITAL ECOM SERVICES; (ii) OUR SITE; OR (iii) ANY OTHER MATTER RELATING TO ANY PURCHASE OF YOUR MUSIC. IN NO CASE SHALL THE AGGREGATE LIABILITY OF US OR ANY OF THE RELATED PARTIES UNDER THIS AGREEMENT FOR ALL CAUSES OF ACTION EXCEED THE AMOUNT OF PAYMENTS OWED TO YOU FROM THE SALES OF YOUR MUSIC FROM THE SITE DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF US AND OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11. DISCLAIMER AND TERMINATION.
We are not responsible or liable to you in any way as a result of any incorrect or inaccurate information you provide to us including information related to your PayPal account, mailing address or email address. We will not provide you with any control over the advertising or advertising content that appears in, on or in connection with the sale of your Music, and we reserve all rights to control, manage and determine such advertising or advertising content. WE DO NOT PROMISE OR GUARANTY THAT ANYONE WILL PURCHASE YOUR MUSIC OR THAT YOU WILL RECEIVE ANY PAYMENTS IN CONNECTION WITH THE SALE OF YOUR MUSIC.

We may suspend or terminate your ability to sell your Music through the Site at any time and for any reason, including without limitation any breach by you of the terms of this Agreement or the Site Terms and Conditions of Use. You may discontinue the digital sales of your Music for any reason at any time by completing the online termination form. If you or we suspend or terminate your rights to sell your Music, we will not allow any further sales of your Music and we will not allow you to access the Digital eCommerce Services. Any sections of this Agreement which, by their nature, should survive the termination of this Agreement will survive termination of your ability to sell your Music through the Site. 

12. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in New York, New York, in accordance with the "Uniform Arbitration Act" and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of New York, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the New York state courts located in New York, or the federal district court for the State of New York located in New York. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.

13. MISCELLANEOUS.
This Agreement and the Site Terms and Conditions of Use set forth the entire agreement between you and us pertaining to rights to sell your Music through the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued participation in selling your Music after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, you may cease selling your Music by following the termination provisions set forth in Section 11. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.

SIGNATURE TUNES WEBSITE X TERMS AND CONDITIONS

THE FOLLOWING WEBSITE X TERMS AND CONDITIONS, WHEN ACCEPTED BY YOU (WHETHER AS AN INDIVIDUAL, OR IF APPLICABLE, ACTING AS THE AUTHORIZED LEGAL REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY OR CORPORATION) AND SIGNATURE-TUNES.COM, OWNED AND OPERATED BY SIGNATURE TUNES INCORPORATED (REFERRED TO IN THESE WEBSITE X TERMS AND CONDITIONS AS "US", "OUR" AND "WE") SHALL GOVERN THE PROVISION OF THE WEBSITE X SERVICES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

1. Our Terms and Conditions of Services.
As a member of SIGNATURE-TUNES.COM you were required to agree to, and are currently bound by, the Terms and Conditions of Use that govern the use of our web site located at www.SIGNATURE-TUNES.COM (the "Site") and the services we provide via the Site. These Site Terms and Conditions of Use can be found at: http://www.signature-tunes.com/about-signature-tunes/legal/105-terms-conditions and are referred to herein as the Site Terms and Conditions of Use. In all events, these Website X Terms and Conditions are subject to and hereby incorporate and include the Site Terms and Conditions of Use. In the event of any conflict between these Website X Terms and Conditions and the Site Terms and Conditions of Use, the Site Terms and Conditions of Use will control.

2. Website X Services.
Pursuant to these Website X Terms and Conditions: (i) we will provide you with web site design, development, hosting and maintenance services (the "Website X Services"); and (ii) we grant you a limited, revocable, non-transferable and non-exclusive license to use the Website X web site design and build tools to create a personalized web site.

You are legally responsible for all Content (as defined in the Site Terms and Conditions of Use) that is published on your web site. Please review Sections 3, 4, 5, 6 and 7 of the Site Terms and Conditions of Use to ensure that you understand your responsibility with respect to any Content that you publish on your web site. You hereby grant us a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Website X Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Website X Services. You are encouraged to archive (backup) your Content regularly and frequently.

We will host your web site in a secure environment and make your web site available to users with the same level of availability as our Site is made available to our members.

You may update and maintain your web site using the web site maintenance tools provided by us.

3. Fees and Payment.
In exchange for the Website X Services you agree to pay the fee as set forth on the web site order page for the Website X Services. This fee is nonrefundable once paid. No prorated refunds or credits will be provided under any circumstances. If you purchase the Website X Services, you agree that we may charge all fees you owe us to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided in the registration process. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, you will not be able to purchase Website X Services, and any access that you currently have to the Website X Services may be terminated. Note that as stated in Section 5 below, you agree that we may continue to automatically charge your payment method on a monthly or annual basis, unless (1) the payment method becomes invalid, or (2) you notify us that you no longer wish to continue to receive the Website X Services.

4. Rights to Domain Name.
If you paid annually in advance for the Website X Services, you are entitled to purchase a domain name ("Your Domain Name"). Once Your Domain Name has been purchased, you own all rights, title and interest in and to Your Domain Name subject to the terms of this Section 4 and Section 5 (in the event you elect to terminate your subscription to the Website X Services). You hereby grant us a worldwide, royalty-free, non-exclusive license to use Your Domain Name in order to provide you with the Website X Services. We will obtain Your Domain Name from www.gandi.net . Consequently, if you elect to purchase a domain name in connection with the Website X Services, you hereby agree to abide by the gandi.net MASTER SERVICES AGREEMENT located at http://en.gandi.net/contracts/all_contracts/ (the "GANDI.NET MSA"). Please note that the GANDI.NET MSA describes your rights to Your Domain Name. YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS IN YOUR DOMAIN NAME ARE NOT EXCLUSIVE, AND ARE ONLY COMPRISED OF THOSE RIGHTS CONVEYED TO YOU IN THE GANDI.NET MSA, AND ARE SUBJECT TO THE LIMITATIONS STATED THEREIN.

5. Term and Termination.
If you registered to pay on an annual basis (the only option currently available), at the end of each 12-month period, our agreement to provide Website X Services to you will automatically renew for an additional 12-month period subject to receipt of payment in advance by you and unless you explicitly notify us in advance (i.e., prior to the start of the next 12-month period) that you no longer wish to receive the Website X Services. All cancellation notices should be sent via email to This email address is being protected from spambots. You need JavaScript enabled to view it.. If payment is not received when due or if we are unable to process your payment via the payment method you have provided to us, we will automatically cease providing you with the Website X Services. In the event that your subscription to the Website X Services is terminated for any reason, whether by us or by you, and you have purchased a domain name, we will provide you with detailed instructions on how to obtain Your Domain Name from GANDI.NET. Any transfer of Your Domain Name may be subject to payment of applicable transfer fees to GANDI.NET.

6. Rights to Terminate Website X Services.
The Website X Services may be terminated by us, without cause, at any time. The Website X Services may be terminated by you, without cause, by following the cancellation procedures set forth in Section 5. We may terminate the Website X Services at any time, without penalty and without notice, if you fail to comply with these Website X Terms and Conditions. If we terminate your right to receive the Website X Services, notice of termination may be sent to the contact e-mail associated with your account. Upon termination, we have the right to delete all information stored on your web site. This deletion will not affect any Content stored elsewhere with us, such as Content stored on your Site page. You will not be entitled to any refund if we refuse to provide Website X Services. Note that we reserve the right to refuse to provide Website X Services at our sole discretion in the event that any Content you provide is offensive or infringes the rights of any third party.

7. Ownership.
You will retain all your rights in and to your Content and Your Domain Name as set forth in the GANDI.NET MSA. We will retain all rights in and to all other aspects of the web site and the web site design, develop and build tools. All of our copyrights, trademarks and service marks, logos and slogans are owned solely by us. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines of us or third parties, without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

8. Indemnification and Infringement.
If we receive a claim that any Content provided by you infringes the rights of any third party rights, you agree to fully indemnify and hold us harmless, and upon our request, defend us (and our respective directors, officers and employees), at your expense, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any such claim. Accordingly, you agree to reimburse us on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 8, provided that we obtain your written consent prior to making any such payments. You agree that your consent will not be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and by obtaining and posting and maintaining an appropriate bond for our benefit you may assume control of the defense of such claim, provided that we shall have the right in all events to participate in the defense thereof.

9. Additional Representations and Warranties of the Parties.

a. You represent and warrant that you are at least 18 years of age and have the full authority to act on behalf of any and all owners of any right, title or interest in and to the Content provided by you.

b. You represent and warrant that all Content provided by you shall not infringe on the copyrights or other rights of any person or entity.

c. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, WE DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE WEB SITE LITE SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. General Provisions.

a. These Website X Terms and Conditions contains the entire understanding of the parties relating to the subject matter hereof, and supersede all previous agreements or arrangements between the parties relating to the subject matter hereof.

b. These Website X Terms and Conditions shall be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.

c. Any notice, approval, request, authorization, direction or other communication under These Website X Terms and Conditions to you shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the address provided by you upon registration with us, or as properly updated.

Refund Policy

We want you to be satisfied with any product you buy from us, period. We achieve this by providing free trials of most of our products so that you can "try before you buy". When it comes to knowing if a product or service is right for you, nothing can beat a chance to test-drive it for yourself. Because of our "try it before you buy it" approach, we generally don't offer refunds for our products and services once you have passed the trial period and elected to continue with the product (since you already tried it and decided to buy it). However...

Signature Tunes will provide a refund in the case of:

Product malfunction. Requires that the user report malfunction to This email address is being protected from spambots. You need JavaScript enabled to view it. ';document.getElementById('cloak67af54dd7d48678c2e489a7d52c5600c').innerHTML += ''+addy_text67af54dd7d48678c2e489a7d52c5600c+'<\/a>'; while the service is still active, so that the malfunction can be verified.

Billing error. The user must provide either the unsubscription confirmation reference number, or forward the unsubscription confirmation email to show that they unsubscribed before (not on or after) the renewal date on file for the service in question.

If you cancel a product:
If you elect to cancel a product or service, Signature Tunes does not provide a refund for the remainder of the year, or billing period for an unsubscribed service.

Refund Policy FAQ

If I forget to cancel before my renewal date, can I get a refund?
No. We send out a reminder message to the user's Signature Tunes Account 7 days prior to the expiration of your current subscription (premium members only).

For questions regarding our Refund Policy or the Terms and Conditions for our site and services, please contact This email address is being protected from spambots. You need JavaScript enabled to view it.

I HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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