MySongStore.com
Terms and Conditions
Before reading these terms and conditions, click here for our privacy policy
Owner owns the right, title and interest, including the sound recording copyright in and to the sound recordings uploaded to the MySongStore.com server. Owner desires to engage MySongStore.com’s services in connection with distribution of the Works (more specifically described below as the “Services”), and MySongStore.com will provide the Services, on the following terms and conditions:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Services
In consideration of the payment and license granted herein by Owner, MySongStore.com agrees to perform the following Services:
(a) Make the Works (as may be amended from time to time) available in the audio format in which they are submitted to MySongStore.com, for sale through the MySongStore.com delivery mechanism connected to the Owner’s designated web-site via Hyperlink;
(b) Provide storage space on MySongStore.com server for Owner’s digital media files, images, lyrics, and liner notes.
(c) Provide Owner with access and editing tools to amend (alter, add and delete) specific titles from the Works, via a secure, password-protected web site;
(d) Provide Owner with access to on-line tallies of the Works sold and details of each sale, including the price paid for each and share of sale earned by Owner;
(e) Provide Owner with secure downloads of the Works in the audio format in which they are submitted to MySongStore.com, from MySongStore.com servers directly to buyers; to record and maintain details of each download and sales transaction, as needed.
(f) Provide and maintain a link between Owner’s own web site or a web site designated by Owner to provide such purpose and the MySongStore.com website and servers; provided, however, that MySongStore.com shall have the right to refuse to provide such a link if MySongStore.com has a good faith belief that the web site designated by Owner contains obscene or illegal material;
2. Owner’s Royalties from Sales
(a) MySongStore.com shall Pay Owner 71% – 74% for all Works sold, based on Owner’s marked selling price on Owners MySongStore.com page, within 30 days of its receipt of funds from the sales of the Works during each calendar month. NB: Sales Taxes are excluded. Owner will receive 71% of all download revenue for a single download (one song) during a single transaction. Owner will receive 74% of all download revenue for multiple downloads (two or more) sold during a single transaction. At the end of the calendar year, 20% of all download profits enjoyed by MySongStore will be shared with Owners proportional the Owner’s total download revenue volume for that calendar year providing that Owner’s account is in good standing.
(b) All monies owed Owner will be paid every 30 days. Owner has the option of receiving payment via a check or direct deposit into the Owner’s bank account. If the Owner exercises the option of receiving a check, a $1.50 per check handling fee will be taken out. If the Owner exercises the option of direct deposit of funds into the Owner’s bank account, a voided check must be sent to MySongStore, PO Box 2236, Jenkintown, PA 19046. No transaction fee will be taken out.
(c) Product dissatisfaction charge backs to the Owner’s account will be deducted from any money owed the Owner. A product dissatisfaction charge back is a cancellation of the credit card charge from a purchaser of the Owner’s product due to dissatisfaction with the quality of the recorded material purchased from the Owner. If it is deemed that there are too many charge backs (>10%) debited from the Owner’s account, the owner will be warned by e-mail of these excessive charge backs. MySongStore.com, at its sole discretion reserves the right to terminate the Owners contract with 30 day notice.
(As specified in the first paragraph of the My Song Store Dot Com Terms and Conditions, Owner owns the right, title and interest, including the sound recording copyright in and to the sound recordings uploaded to the MySongStore.com server. Owner will receive download revenues for sales transactions, as specified in paragraph (a) above. In connection with such payments, Owner shall be solely responsible for any third-party payments from such revenues as may be due to co-writers or their publishers from the sales of the included compositions. Owner specifically indemnifies My Song Store Dot Com from any and all liabilities as may arise from Owner’s failure to make such payments, as may be provided for in any songwriter, publishing or other agreements, which may be in force between Owner and such additional writers, if any, and in accordance with the terms of Indemnification, specified in paragraph 16. of the My Song Store Dot Com Terms and Conditions.
3. Term
The term of this Agreement shall commence on the date this form, in its entirety, is specifically “Accepted” by Owner during sign-up at the MySongStore.com web site (the “Site”) and is hereby submitted with the Works to MySongStore.com as of the “Effective Date”. The term shall be determined by the type of membership package chosen by the Owner, and shall be automatically renewed for successive same periods determined by the membership package chosen unless sooner terminated, provided that Owner remains a current member of the MySongStore Community, as indicated by acceptance of the provisions of this Agreement.
4. Payment by Owner
(a) In consideration of MySongStore.com providing the Services listed above with respect to the Work(s), Owner or an authorized representative shall provide: An initial payment of $9.95 to MySongStore.com plus additional Monthly Payments, listed below, to be automatically deducted each month from Owners Specified Credit Card. Initial Payment must be made and the agreed monthly payments maintained in a timely manner are implicitly required for MySongStore.com’ provision of Services described above.
(b) MySongStore.com will rent storage space on the MySongStore.com server to the Owner based on these following fee schedules. Additional storage space can be negotiated if necessary.
Storage Size Monthly Fee/Yearly Fee
- 100 Meg $3.95 monthly / $ 39.95 annually
- 200 Meg $6.95 monthly / $ 69.95 annually
- 500 Meg $6.95 monthly / $169.95 annually
5. Termination of Services
(a) If at any time the Owner’s credit card becomes invalid, the Owner’s account will be put in “Probation Mode.” Three e-mails and one hard copy will be sent to the owner at the e-mail and physical mailing address of record within one week of the Owner’s credit card becoming invalid. If new credit card information is not submitted by the end of the calendar month or 30 days, whichever is longer, the account will be terminated and all information stored on MySongStore’s server will be erased.
(b) If at any time the Owner wishes to terminate this agreement, MySongStore must be notified 30 days prior to termination. Termination of services and deletion of all files on MySongStore’s server will occur within 30 days or the end of the following month, whichever is longer. Owner is still responsible for Monthly Payments prorated to time of termination.
(c) Upon termination of services by any party, all money owed Owner, less any rental fees owed MySongStore, will be sent via check to the address of record.
6. Grant of License
Subject to the terms and conditions set forth above and below, Owner hereby grants MySongStore.com the non-exclusive, non-transferable right and license to distribute the Works in the form of Paid Digital Downloads through the MySongStore mechanism hyperlinked to the Owners Site, by means as MySongStore.com may determine in its sole discretion, in connection with the Services, and the sale and distribution of the Work. The license granted herein shall terminate upon the expiration or termination of this Agreement.
(a) Nothing herein shall be construed to grant MySongStore.com the right to sub-license the Works to others, or to sell or download the works directly from its own site to buyers, except through the Owner’s own or designated site with out the written consent of Owner.
7. Ownership
Owner represents and warrants that it owns one or both of the following rights in the Work.
(a) Composition copyright (i.e. Owner is the songwriter or the legal assignee of the songwriter)
(b) Sound recording copyright (i.e. Owner is the performer(s) or the legal entity which is the legal assignee of the performer(s).)
(c) Owner represents and warrants that it has the right to grant the license conveyed herein. Owner represents and warrants to MySongStore.com that it has the authority of all owners of any copyrights in the Work to enter into this Agreement and grant the license to MySongStore.com as set forth in Section 4, above. Owner shall be solely responsible for taking such actions as it deems appropriate to obtain copyright registration for the Work, including any derivative works thereof. All rights with respect to the Work not specifically granted in this Agreement shall be and are hereby reserved to the Owner, including, without limitation, rights in derivative works. MySongStore.com shall not commit, or cause any third party to commit, any act challenging, contesting or in any way impairing or attempting to impair Owner’s right, title and interest in and to the Work.
8. Cover Songs
The Owner specifically represents and agrees that the Works submitted herein contain only songs written by the Owner and Owner’s co-writers, if any, and that no Works were written and recorded by third parties. Owner acknowledges that such third-party compositions are controlled by the copyright owners and are SPECIFICALLY PROHIBITED FROM INCLUSION IN THE WORKS with the following exceptions.
MySongStore.com has a contract with Harry Fox Agency (HFA) which enables MySongStore.com to apply for a mechanical download license from HFA for cover songs which are managed by HFA, withhold statutory license fees, and distribute said fees to HFA on a quarterly basis. When an Owner uploads a cover song, there is a mechanism to apply for a HFA mechanical download license for that cover song. MySongStore.com will handle all subsequent communications with HFA.
This means that owners may sell only cover songs which are managed by Harry Fox Agency. If a song is not managed by HFA, the Owner must submit a PDF copy of the mechanical download license from the appropriate cover song publisher in order to legally sell these non-HFA cover songs.
All third-party compositions which are controlled by the copyright owners and do not have a mechanical download license are SPECIFICALLY PROHIBITED FROM INCLUSION IN THE WORKS.
9. Infringement
If MySongStore.com learns of any activity by a third party which might constitute an infringement of Owner's ownership rights in the Work, or if any third party asserts that MySongStore.com’s use of the Work constitutes unauthorized use or infringement, MySongStore.com shall so notify Owner.
10. Third Party Challenges
Owner shall defend MySongStore.com 's right to use, reproduce, sell, download, distribute and display the Work in the event such use is challenged by a third party. MySongStore.com shall make all reasonable efforts to assist Owner therewith, including providing such evidence and/or expert assistance as MySongStore.com may have within its control. In the event such defense is unsuccessful, MySongStore.com may terminate this Agreement on notice to Owner.
11. Prosecution of Infringement Claims
If Owner does not prosecute alleged infringements of the Work, MySongStore.com shall have the right to prosecute such infringements at MySongStore.com’s expense. Owner agrees to make all reasonable efforts to assist MySongStore.com therewith, including being joined as a party to such a suit and providing such evidence and/or expert assistance as Owner may have within its control. In the event such a suit results in an assessment of damages against the infringer, MySongStore.com shall be entitled to all such damages.
12. Events of Default
Any of the following shall constitute an Event of Default:
(a) MySongStore.com or Owner defaulting in the performance of any covenant, agreement, term or provision under this Agreement, and such default continuing for a period of sixty (60) days after notice thereof from the non-defaulting party;
(b) Either party filing a voluntary petition for bankruptcy, reorganization or an arrangement under any bankruptcy or insolvency law, or an involuntary petition under any such law being filed against either party and not dismissed within ninety (90) days; or
(c) Either party making an assignment for the benefit of its creditors.
13. Remedies
Upon the occurrence of an Event of Default either party may terminate this Agreement immediately upon written notice to the defaulting party.
14. Termination at Will
MySongStore.com may terminate this Agreement at any time upon thirty (30) days notice to Owner at the email address of record.
15. Effect of Termination
Upon any termination, Owner shall remove all digital media from the Site. All media not removed within 30 days of termination will be automatically destroyed.
16. Indemnification
OWNER SHALL INDEMNIFY AND HOLD HARMLESS MYSONGSTORE.COM, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM AND AGAINST, AND TO ASSUME AND DEFEND AT OWNER’S SOLE COST THE DEFENSE OF, ANY AND ALL CLAIMS, DEMANDS, OBLIGATIONS, CAUSES OF ACTION AND LAWSUITS AND ALL DAMAGES, LIABILITIES, FINES, JUDGMENTS, COSTS (INCLUDING SETTLEMENT COSTS), AND EXPENSES ASSOCIATED THEREWITH (INCLUDING THE PAYMENT OF REASONABLE ATTORNEY FEES AND DISBURSEMENTS), ARISING OUT OF MYSONGSTORE.COM’S USE, REPRODUCTION, DOWNLOAD, DISTRIBUTION AND/OR DISPLAY OF THE WORK AS AUTHORIZED BY THIS AGREEMENT.
17. Limitation of Liability
In no event shall MySongStore.com, or its officers, directors, affiliates, agents, employees, contractors, or assignees be liable to Owner for any CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES OR LOST PROFITS as a result of the breach or claimed breach of this Agreement, or any warranty, representation, covenant or obligation contained herein.
18. Notices
All notices, demand and requests under this Agreement shall be in writing and delivered to the email addresses set forth below
If to Owner: email of record
If to MySongStore.com: legaldept@mysongstore.com
19. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of Nevada, without resort to the conflicts of laws rules thereof.
20. Assignment
Either party may assign this Agreement by providing notice to the other at the email addresses set forth above.
21. No Waiver
The failure of either party to insist upon strict performance of any of the terms or provisions of this Agreement, or the exercise of any option, right or remedy contained herein, shall not be construed as a waiver of any future application of such term, provision, option, right or remedy, and such term, provision, option, right or remedy shall continue and remain in full force and effect.
22. Entire Agreement
The terms and provisions of this Agreement constitute the entire agreement between the parties with respect to the matters described herein and supersede all previous communications, negotiations, proposals, representations, conditions or agreements, whether written or oral, relating thereto. This Agreement may not be modified or amended except in a writing signed by a duly authorized officer or representative of each party.
23. Termination; Survival
These Terms and Conditions shall continue in effect for as long as the owner uses the Products and Services, unless specifically terminated earlier by MySongStore.com, Inc. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
24. Violations of Terms and Conditions
Should you violate these Terms and Conditions or any other rights of MySongStore.com, Inc., MySongStore.com, Inc. reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the MySongStore.com, Inc. web sites.
If you are aware of any violations of these Terms and Conditions, please report them to:
MySongStore.com, Inc.
c/o Law Offices of Ronald M. Lebow
12400 Wilshire Boulevard, Suite 400, Los Angeles, CA 90025
Please read the entire Terms and Conditions, as all MySongStore.com, Inc. properties, Products and Services are offered subject to these Terms and Conditions.
25. Acceptance
Please indicate your acceptance of the Agreement by selecting “I Have Read the Membership Terms and Conditions Page” and this Agreement will become effective as of this date.
