TERMS: Song Submissions

SONG SUBMISSIONS REGISTRATION FORM

NON EXCLUSIVE RIGHT TO LICENSE SUBMITTED MATERIAL

The following terms of this Nonexclusive License Agreement (“Agreement”) apply if you create, submit, upload any Material (as defined under The Sunshine Workshop’s Terms of Use Policy” or “Submitted Material”) to www.thesunshineworkshop.com, for use and/or to be displayed and/or offered for sale on websites owned or operated by or for The Sunshine Workshop (“Site”). The Sunshine Workshop Terms of Use, Contest Rules and Privacy Policy terms are incorporated herein by reference, and by agreement to the terms herein, you agree to the terms of those Policies (“Other Policies”). “Submitted Material” means any and all artwork, music, notes, lyrics, songs, videos in which you are depicted singing, reading, photographs, sketches, drawings, text, and digital images that you send to www.thesunshineworkshop.com for placement on the Site or on other materials, including books, created, made by or owned by The Sunshine Workshop.

Licenses. By uploading Submitted Material to the Site or creating Submitted Material, you grant the following licenses to The Sunshine Workshop the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Submitted Material in or on materials owned by The Sunshine Workshop in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Submitted Materials and the right to make modifications to your Submitted Materials as necessary to prepare your Submitted Materials for use in or on a particular The Sunshine Workshop product if you agree that your Submitted Material may be used.

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You retain your copyright and other intellectual property rights to your Submitted Material to use, reproduce, publicly display, sell, and distribute your original Submitted Material.

Affiliate Descriptions. At the time you submit Submitted Material, you will be asked to provide information about yourself and the material you are submitting. You will make best efforts to provide accurate, non-misleading information about yourself and the Submitted Material, and you will not submit unrelated information in connection with your Submitted Material for any purpose. If The Sunshine Workshop determines, in its sole and complete discretion, that information is misleading or inaccurate or that it violates the rights of a third party, The Sunshine Workshop may delete such information or your Submitted Material, in its sole discretion.
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Pricing. The Sunshine Workshop determines the price at which Products are sold on the Site and affiliated sites. The actual retail price for any materials incorporating your Submitted Materials may vary based upon the terms contained in the Terms of Use, Contest Rules and Privacy Policy of The Sunshine Workshop.
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Ineligible Submitted Material. The Sunshine Workshop will not pay you, nor shall be liable to pay you for sales of any Submitted Material which incorporate any Submitted Material that violates this Agreement, Terms of Use, Privacy Policy and/or Contest Rules. For example, if The Sunshine Workshop discovers that one of your Submitted Materials infringes someone else’s copyright or that you do not have the right to use the Submitted Material, The Sunshine Workshop reserves the right to reverse all payments for such Submitted Materials, whether due or already paid.
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Statements and Payments. In accordance with the Terms of Use, Contest Rules, Privacy Policy, etc., as posted on www.thesunshineworkshop.com, a payment is payable to you for the sale of your Submitted Material or that which may incorporate Submitted Material. The Sunshine Workshop maintains a statement of payments (both pending and paid). The Sunshine Workshop makes the following options available:
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1. A single payment is paid in accordance with the terms posted at www.thesunshineworkshop.com Terms of Use and Contest Rules (if we accept your Submitted Material, 45 days after the end of the month in which you submit your Submitted Material;

2. We may, but only upon your written request that we do so, hold your payment to apply toward a purchase on www.thesunshineworkshop.com.
You may also choose your method of payment (for example, check). The Sunshine Workshop, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be always be available. It is the policy of The Sunshine Workshop to issue a check in full and complete payment for Submitted Material, however, the terms are somewhat flexible on a case-by-case basis. It is, however, the express policy of The Sunshine Workshop never to use wire or electronic services to pay for Submitted Material (i.e., Western Union or Bank Transfers).
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You represent that:
1. You are the owner of the Submitted Material or that the Submitted Material is in the public domain; and
2. You have the legal right grant this license to The Sunshine Workshop and to enter into this Agreement; and
3. To your knowledge, no one else claims ownership of, or exclusive rights to, the Submitted Material; and
4. The Submitted Material does not infringe the privacy, celebrity, moral or other rights of any third party; and
5. The Submitted Material is not defamatory or obscene; and
6. The Submitted Material does not contain any defamatory, obscene or discriminatory content or any illegal material; and
7. The Sunshine Workshop may legally make and sell products, such as songs, books, lyrics, poems and the like incorporating the Submitted Material without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party.
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User Agreement. This Agreement supplements the The Sunshine Workshop’s Terms of Use Policy, Contest Rules, Privacy Policy, which are incorporated herein by this reference.

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I, _____________________________ acknowledge that I have had ample opportunity to read, review and reflect upon the terms of this SONG SUBMISSIONS REGISTRATION FORM for NON EXCLUSIVE RIGHT TO LICENSE SUBMITTED MATERIAL, that I have had the benefit of legal counsel and that I understand and agree with the contents and effects of this document.  I, therefore, acknowledge and agree that I sign this document freely and voluntarily, with the assistance and benefit of legal counsel, in full and final compromise, adjustment and settlement of all claims against The Sunshine Workshop, their agents, employees, officers, directors, shareholders, heirs, successors and assigns.

TODAY’S DATE:______________________________________________________

SONG TITLE SUBMITTED: _____________________________________________

AGREED PAYMENT: __________________________________________________

PRINT FULL NAME:  __________________________________________________

SIGNATURE: _________________________________________________________

DATE OF BIRTH:______________________________________________________

IS SONG SUBMISSION FROM A MINOR?  IF SO, NAME OF MINOR:

_____________________________________________________________________

SIGNATURE OF SAID MINOR:___________________________________________

NAME OF SAID MINOR’S PARENT OR LEGAL GUARDIAN:

_____________________________________________________________________

SIGNATURE OF APPROVAL BY MINOR’S PARENT OR LEGAL GUARDIAN:

_____________________________________________________________________

LEGAL MAILING ADDRESS:____________________________________________

_____________________________________________________________________

_____________________________________________________________________

EMAIL ADDRESS:_____________________________________________________

HOME PHONE:_______________________________________________________

CELL PHONE:________________________________________________________

APPROVAL SECTION FOR THE SUNSHINE WORKSHOP

SONG SUBMISSION RECEIVED ON:_____________________________________

SONG SUBMISSION APPROVED BY:____________________________________

_____________________________________________________________________

CHECK NUMBER SENT TO ARTIST:_____________________________________

 

 

 

DATE: _______________________________________________________________

FULL ADDRESS: ______________________________________________________

_____________________________________________________________________

PHONE NUMBER: _____________________________________________________

CELL NUMBER: _______________________________________________________

EMAIL: _______________________________________________________________

 

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