Below are the Terms & Conditions of TuneBreaker Limited (TuneBreaker™) relating to its Tunebreaker website and Awards and other services that it promotes hereunder.
Your agreement to use the TuneBreaker platform is made with TuneBreaker Limited, a UK company, who own and control this site.
Please read these conditions of use carefully before using the TuneBreaker™ Website. By using the TuneBreaker™ Website, you acknowledge this and also agree to be bound by these terms and conditions.
The Main Points
- You need to be at least 13 and if under 18 you’ll have to get your parents’ or legal guardian’s consent before signing up to upload to TuneBreaker and for the Award and other services.
- You now can upload unlimited recordings of original (non sampled) songs written by you – the tracks have to be owned/controlled by you throughout the world (and any samples need to be cleared) but it’s okay if you have a publisher for your songs.
- Each recording needs to be in MP3 format ONLY plus promo material to the TuneBreaker™ Website.
- Your recordings and compositions will be promoted on the TuneBreaker websites and affiliate websites and licensed where possible to third parties globally.
- Once uploaded fans can buy MP3s of your tracks at $0.99.
- At the end of each part of the Award the winner is the artist with the most votes and the award prize(s) will announced from time to time. Votes are made up (in different levels of value), of Facebook Likes via Tunebreaker, Twitter followers via Tunebreaker, streams of your music on Tunebreaker and of course downloads.
- Everyone wins, not just the overall winners of the Award – you get to promote your band and for every MP3 sold you receive record and mechanical copyright royalties, from revenue actually received by TuneBreaker™ and not returned.
- TuneBreaker™’s rights are entirely non-exclusive and there’s no tie-in – you always retain control of your recordings and songs (TuneBreaker™ will use your tracks and songs in promotion which will be licenced by you gratis, and TuneBreaker and its parent company will endeavour to exploit your recordings in a number of different ways – which we think will be good promotion for you and of course you get paid for the latter as well).
- Interested? We thought so – so please read on for the detail…
Description of the TuneBreaker™ platform and the TuneBreaker Music Award (TMA)
TuneBreaker™ is both unique and innovative – TuneBreaker is part of a global music platform which includes awards aimed at unsigned emerging and truly independent* artists (*not being signed to a big third party record label). We are not funded by corporate money looking for quick returns – we are a small team of experienced music fans wanting to see a new industry of music. TuneBreaker is as real and authentic as it comes.
Remember that any TuneBreaker™ Award is an award NOT a competition. This is not about rejection. TuneBreaker™ is about helping to elevate artists to the next level. We promise that every artist entering the TuneBreaker™ Music Award (“TMA”) will have the opportunity to come away with something positive if they promote themselves with vigour.
TuneBreaker™ is actually managed by experienced music people and by young people – there is no corporate money here and no suits at all. You cannot get a more organic and true reaction to your music than here at TuneBreaker™. The key to our success is because our music fans are real and out to discover proper hard grafted music and real musicians willing to sweat for their art.
TuneBreaker™ awards continue to evolve. As part of its many voting processes, it has rolled out a unique and innovative voting method called Sales Led Voting™ (“SLV™”) meaning that significant votes will be effected by MP3 download purchases. That means that your fans will receive music for their votes, and at the same time they will know that a big part of the money they spend is going back to you, rather than in the pockets of third parties, thus helping you towards winning the TMA but in any event and in any case supporting you. The true beauty of the TuneBreaker™ unique and innovative SLV™ process means moreover that new and original music has been legally purchased and the result of which is that artist’s copyright is protected. This has to be great news all round. The SLV™ method is unique to TuneBreaker™. Downloads are at a pre-set retail price of $0.99 per track (or local currency equivalent), thus undercutting a normal/standard price digital downloads. All album uploads can also be sold as one unit and you the Artist have the right to set the sale price within agreed parameters set out.
Each download purchased will count as a number of votes, with other voting opportunities that also carry votes. So downloads of your music will allow you to make a real run for the TMA. Additionally, you will receive a percentage of TuneBreaker™ net revenue, as better described under the Terms and Conditions of the TuneBreaker™ Music Award, from the sales of your digital downloads. In addition for every MP3 sold a set sum will be given to a designated registered charity as a joint donation by artists participating in the TMA and us, so you we and the fan help a worthy cause along the way too. Everyone wins here at TuneBreaker™.
The terms of the TMA may vary from award to award: Note that there may from time to time be set bundles of MP3’s by TuneBreaker™ that will have bonus vote/s attached to them as incentive for fans to support you more. Details of how these bonus votes will work will be announced on the TuneBreaker™ Website from time to time.
Let us explain better to you how the TMA works:
In order to enter the TMA you have to be at least 13 and you must have a PayPal account.
You will be required to register at the TuneBreaker™ Website, agree to our T&C’s, upload recordings of yours in MP3 format onto the TuneBreaker™ Website complete with correct metadata, biog and photos, and link TuneBreaker™ shopping cart to the webpages of your social network environments where you already have your artist page (e.g. Facebook, MySpace, YouTube, Twitter and your own website by using the code given to you in your admin panel). After that you can start and go live and start promoting and selling your music. All that will have to be done before the TMA start date as indicated from time to time on the TuneBreaker™ Website. Remember that there is no entry cost.
So, are you ready to proceed?
By clicking on the “I/WE AGREE” button below, you and TuneBreaker™ will be entering into the following agreement:
Remember that if you give false or inaccurate information to us at any stage of use of TuneBreaker™ service, or attempt to “buy” Facebook likes or Twitter Followers, or any You Tube views, you’ll be at any time liable to disqualification from the award, and you also will be responsible for any and all damages and costs arising out of or related to your breach of such obligation.
Terms and Conditions of the TuneBreaker™ Music Award
The reference to “I” “me” “my” means you, and if you are in a band, then it means each member of the band or the band as a whole.
The reference to “we” “us” and “TuneBreaker™” means TuneBreaker Limited, at Sovereign House, 51 High Street, Wetherby, LS22 6LR, West Yorkshire, UK and its successors, assigns, agents, affiliates, distributors, dealers, and licensees. The same goes for “our” and “ours”.
“Artist Recordings” means (i) sound recordings, (ii) the original musical works (i.e., songs, lyrics) embodied in those recordings and works that you upload to the TuneBreaker™ Website using the content management system provided on the TuneBreaker™ Website. All Artist Recordings shall comprise “original material”
“original material” means recordings of your musical performances which are owned and/or controlled by you throughout the world and which embody musical compositions written by you (i.e. no covers, please) – the compositions may be owned and/or controlled by you or by a third party publisher. NB if any recording contains any sample you must have obtained a written clearance from the sample owner allowing you to use the sample for all purposes in your new recording.
“TuneBreaker™ Compilations” means the reproduction of one or more of Top 50 Artist Recordings onto recordable media for physical and/or digital distribution.
“Download” means each individual delivery by digital transmission of a sound recording by Electronic Systems and/or any means now known or hereafter devised.
“Streaming” means a digital transmission by Electronic Systems of a sound recording where a copy of the recording is not made by or for the transmission recipient.
“Electronic System/s” means any system or network used for the transmission of non-analogue data or information (with or without images) by wire, wireless or any other means (whether now known or hereafter devised) including without limitation via the Internet, mobile networks, and/or any other networks now known or hereafter devised, where such system or network is owned or controlled by TuneBreaker™ and/or any third party.
“Licensing” means where Tunebreaker licences your music to third parties on terms to be agreed between TuneBreaker and said third party from time to time.
“TuneBreaker™ Website” means the Website(s) owned or controlled by TuneBreaker™, and any affiliate websites, from which the Artist Recordings and the TuneBreaker Compilations are distributed.
“Website(s)” means any and every website, web page or other web presence or its equivalent in any electronic media that can be accessed through an Electronic System regardless of how accessed by a user including but not limited to access by computer, television, mobile telephone and Personal Digital Assistant and all analogous form of access whether now known or hereafter developed.
“Territory” means the world.
I agree to abide by the following Terms and Conditions.
- The TuneBreaker™ platform and the TuneBreaker Music Award (“TMA”) is owned, devised, organised and promoted by TuneBreaker™ throughout the Territory.
- I acknowledge that the purpose of TuneBreaker and the TMA is to elevate unsigned emerging and truly independent artists (meaning artists who still own and/or control their sound recordings throughout the world) and, in consideration of TuneBreaker™ allowing me to upload music to the site and to enter the TMA, I hereby grant to TuneBreaker™ the royalty-free and performance fee free right, by way of a non-exclusive licence throughout the Territory, to copy, display, reproduce (and to reproduce each musical composition included in the Artist Recordings), exhibit, publicly perform, broadcast, transmit, communicate to the public, make available to the public, promote, market, sell, distribute Licence and/or otherwise exploit all or part of Artist Recordings for Download and Streaming through Electronic Systems by making it available from TuneBreaker™ Website, or any affiliated website or blog. I understand that TuneBreaker™ may decide what rights to use from time to time.
- I hereby grant to TuneBreaker™ a worldwide permission, by way of a non-exclusive licence, the right to sell, distribute, Licence or otherwise exploit copy, display, reproduce the Artist Recordings (and to reproduce each musical composition included in the Artist Recordings), by any and all means now known or hereafter devised, whether physical and/or digital, thus also granting to TuneBreaker™ the rights mentioned in paragraph 2 above for said purposes.
- I hereby grant to TuneBreaker™ on a non-exclusive basis a royalty-free and worldwide licence to use my name(s), band name, including a.k.a., p.k.a. or nicknames and likeness, and any materials associated with me or my Artist Recordings , including approved photographs, graphics, biographical materials, videos, cover artwork, trademarks, service mark, brand name, logo, distinctive mark, imprint and/or label owned and/or controlled by me (collectively “Artist Name And Likeness”) in order for TuneBreaker™ to promote, market, advertise sell distribute and licence the Artist Recordings, TuneBreaker™ Compilations, and the TuneBreaker™ Website also through third party distribution channels. Any materials I upload and/or deliver to TuneBreaker™ by any means will be deemed approved by me. I also agree not to assert, or, where consented, to waive, any privacy, publicity, moral or similar rights held by me (and any other person(s) whose performances are embodied in the Artist Recordings) under the laws of England and Wales and any other country in connection with the exploitation of such materials and Artist Recordings.
- The rights granted by me to TuneBreaker™ pursuant to paragraphs 2-4 above shall be for a period commencing on the date hereof and continuing thereafter unless and until I give TuneBreaker™ no less than fourteen (14) days written notice provided that such notice shall not in any event expire prior to one year from the date of acceptance hereof (which shall be the day I agree these T&C’s),save that in respect of TuneBreaker™ Compilations, and any third party agreements entered into by TuneBreaker in respect of the Artists Recordings and/or compositions, the licence period shall be for a period of three (3) years commencing the date I agreed the T&C’s followed by a non-exclusive sell-off period of six (6) months thereafter, in respect of the Compilations, and the agreed licence period in any third party agreement followed by a non-exclusive sell-off period of six (6) months thereafter, if applicable .
In respect of the rights granted by me to TuneBreaker™ pursuant to paragraphs 2-4 above TuneBreaker™ shall also be entitled to give me no less than fourteen (14) days written notice of termination provided that such notice shall not in any event expire prior to one (1) month from when I first uploaded content into TuneBreaker.
Following service of a notice pursuant to this paragraph 5 (whether served by me or by TuneBreaker™) all Artist Recordings and other relevant materials shall be promptly removed from the TuneBreaker™ Website. For the avoidance of doubt any such notice shall not affect TuneBreaker™’s rights in and to any TuneBreaker™ Compilations, and/or third party licencing.
- I undertake to promote TuneBreaker™ and the TMA as best as I can and in a way that is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of third party rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
- Intentionally Deleted
- I undertake to upload to the TuneBreaker™ Website the following: Artist Recordings in MP3 format according to the technical requirements set out in the content management system (a maximum of 20Mb per track); my image in 800 x 600 pixel resolution (jpeg format only) and any other materials that TuneBreaker™ may allow from time to time in the content management system.
- All personal details and/or information given to TuneBreaker™ either in this form or otherwise must be truthful, accurate and in no way misleading. I undertake to inform TuneBreaker™ immediately by email/ the online contact sheet provided by TuneBreaker™ if any such information becomes inaccurate.
- I acknowledge and agree that in the event that two or more artists are tied with the same amount of votes in any TMA then the winner will be the artist who has the most download (and download bonus) votes, and then, if they are still tied, the TMA and the prize will be shared equally.
- I understand and agree that TuneBreaker™ shall have the right as it deems fit to organise and manage the distribution and licensing of the Artist Recordings and the TuneBreaker™ Compilations, without being under any obligations so to do.
- I acknowledge that TuneBreaker™ reserves the right to terminate the TMA at any time prior to the commencement date of the TMA without liability to me howsoever or at all. TuneBreaker™ decisions shall be final and binding, and no communication will be entered into in respect thereof.
- I agree to provide to TuneBreaker™ correct metadata of Artist Recordings according to the form on the TuneBreaker™ Website and/or in the content management system. I agree to identify in the metadata any releases in the Artist Recordings which contain explicit, offensive or otherwise objectionable lyrics which should carry a Parental Advisory warning. I also agree to state in the metadata of Artist Recordings if I am a member of a collecting society/societies (e.g. PRS in the UK, IMRO in the ROI, Harry Fox Agency in the US etc.) or if I join a collecting society or cease to be a member of such a society during the validity of the licence granted hereunder I agree to promptly inform TuneBreaker™ by amending the relevant metadata in the content management system. Regardless of the above If I am or I am not a part of any such organisation I nevertheless hereby grant to TuneBreaker gratis the right to allow its radio station to play and for its websites to preview my music to the general public by way of promotion of you and your recordings.
- I agree to make myself available for promotional activities and marketing of TuneBreaker™ and the TMA as reasonably requested by TuneBreaker™, which will include personal appearances, interviews both video, and audio, and to also make recordings of stings to promote TuneBreaker.
- I acknowledge that one of TuneBreaker™ aims is to support unsigned emerging and independent artists and in that regard I will receive from TuneBreaker™ royalties directly attributable to the sale of my Artist Recordings (whether as part of a TuneBreaker award or otherwise) and any TuneBreaker™ Compilation which includes my Artist Recordings (on a pro rata basis by reference to the total number of recordings on the relevant Tunebreaker Compilation). I will also receive a percentage of revenue from all licences of my compositions and recordings hereunder from licencing of same to third parties. I understand and agree that my share of net revenues means gross revenues actually received by TuneBreaker™ from our payment partners from time to time less (where relevant) the following:
(i) VAT and other fiscal duties;
(ii) public performance fees and digital mechanical license fees and other publishing payments (if any) (which shall be payable directly to Harry Fox, PRS for Music or other applicable collection society or, if I and/or any other co-writers do not have a publishing deal and are not members of Harry Fox, PRS for Music or other applicable collection society, then such payments shall be payable directly to me and any such co-writers in accordance with the relevant Music licence scheme);
(iii) a 15% administration fee that goes towards (i) shopping cart, payment gateway and credit/debit card transaction fees (or alternate payment fees, e.g., PayPal), cross-border charges and currency exchange charges, hosting and bandwidth costs, and any other fee related to the sale of the Artist Recordings the TuneBreaker™ Compilations, and licensing, administration, accounting, and bank fees included, if any; (ii) sales tax, if any; (iii) customer credits and chargeback fees, including, but not limited to those on account of errors in billing and errors in transmission or fraud, if any; (iv) fees payable to any third parties consultancy fees to assist TuneBreaker™ in expanding the gross revenue pool, howsoever or at all. Such administration fee shall be calculated on gross revenues less the deductions set out in sub-paragraphs (i) and (ii) above:
(iv) a donation of a minimum of £0.01 (or such greater amount as designated by TuneBreaker™) per bona fide download that will be donated by TuneBreaker™ and the artists jointly to the registered charity indicated from time to time on the TuneBreaker™ Website.
- I agree that no fees shall be payable to me for (a) incomplete, aborted or non-functional downloads, (b) streaming of any part of the recordings or the underlying compositions (as part of the voting process and on a preview prior to sale basis), if any and c) fraud or other illegal purchases.
- Notwithstanding the above, in respect of net sales of TuneBreaker™ Compilations (other than sales by way of digital distribution directly to consumers by TuneBreaker™ via the TuneBreaker™ Website) net revenues shall mean gross revenues actually received by TuneBreaker™ from our payment partners from time to time less the following:
(i) VAT and other fiscal duties;
(ii) (to the extent payable by TuneBreaker™ itself rather than by its distributors or licensees) public performance fees and mechanical license fees and other publishing payments (if any) (which shall be payable directly to Harry Fox, PRS for Music or other applicable collection society or, if I and/or any other co-writers do not have a publishing deal and are not members of Harry Fox, PRS for Music or other applicable collection society, then such payments shall be payable directly to me and any such co-writers in accordance with the relevant Music licence scheme);
(iii) all third party costs, fees, expenses and monies incurred by TuneBreaker™ in respect of TuneBreaker™ Compilations, and any third party licencing including without limitation any and all mastering costs, manufacturing costs, distribution charges, marketing, promotion and advertising costs and artwork costs and relevant expenses.
TuneBreaker™ will account to me for the sales of the Artist Recordings on the TuneBreaker™ Website and TMA and for any sales subsequent to the TMA (including sales of TuneBreaker™ Compilations) quarterly within sixty (60) days of 31st March, 30th June, 30th September and 31st December in each relevant year with the first accounting to occur only at the end of the Quarter in which the TMA finishes. I will be able to activate and view a statement, detailing the number of sales and the fees payable to me according to the statements and revenues actually received by TuneBreaker™ prior to the end of the relevant accounting period. I hereby confirm that I have a PayPal account and understand that TuneBreaker are under no obligation to account to me unless I have the same. I will be required to approve the accounting statement made via my admin panel on TuneBreaker and once I do that I will get paid 30 days of reception by TuneBreaker™ of my approved invoice. In the event that sales from my recordings do not exceed £10.00 (sterling) in any quarter this sum shall be rolled over (without interest) until the next quarter in which this sum exceeds £10.00 (sterling).
- I understand that payments mentioned above may be subject to VAT, other sales taxes (if applicable) and to the withholding taxes provided under law (if applicable).
- I also agree that a statement shall be considered final binding and accepted if within thirty (30) days after approval of the statement TuneBreaker™ has not received any written objections from me enclosing significant evidence for the defectiveness of the statement. I acknowledge that I shall be entitled to have the books on which the accounting is based inspected at my own expense during TuneBreaker™ regular business hours not more than once a year by a sworn auditor or chartered accountant appointed by me, after arranging an appointment with TuneBreaker™.
- I represent and warrant that (a) I am 13 years of age or older, AND, if I am under 18 years old, my parent or legal guardian has agreed to my joining TuneBreaker and entry into any TMA unconditionally as if they entered the TMA themselves and if required by TuneBreaker a written letter confirming this will be furnished by me; (b) Intentionally Deleted;(c) the Artist Recordings are mine or my band’s own original works, or that I have at least the majority of rights in each composition (51% or more) and all necessary publishing licences will be made available to TuneBreaker™ on standard industry terms. In the event a third party owns and/or controls part of the rights in such composition (49% or less) or if Artist Recordings contain sampled material then I confirm that I hold written and signed documents proving that I have cleared such rights for the purposes of entering the TMA and that I confirm to these TMA terms & conditions; (d) I have full right and power to enter into and perform the present terms and conditions, and have secured all necessary third party consents; (e) the Artist Recordings do not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; (f) the Artist Recordings do not and will not violate any law, statute, ordinance or regulation; (g) the Artist Recordings are not and will not be defamatory, libellous, pornographic or obscene; h) the Artist Recordings do not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data; (i) the Artist Recordings do not and will not contain any advertising; (j) all factual assertions that I make to TuneBreaker™ are true and complete; (k) I have not entered into any commercial, sponsorship or other agreement or arrangement with any person, firm or company in respect of my entry in the TMA and/or performing abilities and will not do so; and (l) I will comply with my obligations contained in the present terms and conditions. I acknowledge and agree that TuneBreaker™ reserves the right to require at any time proof of my identity and/or eligibility which I will present immediately to Tunebreaker on such request.
- I understand and agree that I shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Artist Recordings, and music publishing payments (including the music rights that are controlled by a mechanical collection societies), and including but not limited to any applicable union and/or guild payments, “sample” or “replay” licences or payments, but excluding for the avoidance of doubt publishing payments as provided for in paragraph 15 above and herein.
- I agree to indemnify TuneBreaker™ and to keep TuneBreaker™ fully and effectively indemnified and TuneBreaker’s™ customers harmless from any and all damages and costs, including reasonable attorney’s fees , arising out of or related to any breach by me of this agreement including the terms and conditions contained herein. I hereby agree to execute and deliver any and all documents to TuneBreaker™, upon its reasonable request, that evidence or effectuate its rights under this agreement. These warranties shall survive beyond the end of the relevant TMA and its terms.
- I understand and agree that TuneBreaker™ reserves the right to modify these terms and conditions at any time without prior notice. If TuneBreaker™ makes such modifications it will post notice that it has so done either on the TuneBreaker™ Website or via e-mail to those so affected. If any modification is unacceptable to me, I should stop using the TuneBreaker™ Website immediately and cancel my registration in the TMA which cancellation shall only take effect on receipt by us of such notice. Continuing to use the TuneBreaker™ Website after such changes indicates my full and complete acceptance of all modifications.
- I hereby understand and agree that TuneBreaker™ (i) may, but is not obliged to, remove any Artist Recordings that it considers, at its sole discretion, to be unlawful, infringes any intellectual property or proprietary rights, or that is obscene, offensive or otherwise inappropriate; (ii) may refuse, at its sole discretion, to publish a band or artist name that is protected by trademark, impersonates another person, company or organisation, or that is obscene, offensive or otherwise inappropriate. TuneBreaker™ may delete my application and terminate my involvement in the TMA at any time without warning if I violate any of the terms of this agreement. The termination of this agreement (for whatever reason) shall not terminate any provision hereof which is expressly or by implication provided to come into or continue in force after such termination.
- I acknowledge and agree that TuneBreaker™ reserves the right to disqualify any artists if they (i) supply untruthful, inaccurate or misleading personal details and/or information, have failed to abide by the rules and/or are in breach of the terms hereof; and/or (ii) are deemed to be acting outside the spirit of the TMA and/or in an unprofessional manner. TuneBreaker™’s decisions shall be final and binding and no communication shall be entered into howsoever or at all.
- I agree that in the event of any breach howsoever of these terms and conditions by TuneBreaker™ I shall not be entitled to enjoin and/or injunct the TMA and/or TuneBreaker™ and any legal remedy I may have shall lie in an action at law for damages only, and TuneBreaker™ has 30 days from any such notice from me to cure any such breach TuneBreaker™ informs me it accepts that it has made.
- If any provision of this agreement is adjudged by a court to be void or unenforceable such provision shall no way affect any other provision of this agreement, the application of the provision in any other circumstances or the validity or enforceability of this agreement and such provision shall be curtailed and limited only to the extent necessary to bring it within legal requirement.
- I hereby acknowledge and agree that all notices hereunder shall be given: (i) by me to TuneBreaker™: by e-mail to TuneBreaker™ followed by certified mail, return receipt request, or delivered by courier service, to the TuneBreaker™ registered office at the address mentioned above; (ii) by TuneBreaker™ to me: by e-mail to the e-mail address I gave in the registration page. I hereby warrant and agree that all notices and other communications that TuneBreaker™ provides to me electronically hereby satisfies any and all legal requirements and/ or obligations on TuneBreaker™ howsoever or at all.
- This agreement and the terms and conditions contained herein shall be governed and construed in accordance with English Law and any legal actions or proceedings arising hereunder shall be brought exclusively in the English Courts.