TUNEFLOW - back catalog agreement

TUNEFLOW ARTIST MUSIC UPLOAD AGREEMENT
This agreement pertains exclusively to non-tournament submissions of music. For TuneFlow Tournament music submissions, click here.

TuneFlow.com and the TuneFlow Music Store Website are owned and operated by Carson Services, Inc., referred to as TuneFlow. All artists submitting music are bound by the terms and conditions for use of the TuneFlow Website. All artists submitting music expressly consent and agree to all the terms and conditions of this Agreement for all music/lyrics offered for play on the TuneFlow Website and/or sale through the TuneFlow Music Store.

Artist has all lawful authority (e.g. is the lawfully authorized song writer, band manager, or member of recording band) to submit the music/lyrics/songs to the TuneFlow Music Store. Artist shall provide verified name, address and necessary information regarding Artist to TuneFlow in order to receive any royalties or items of value. Artist’s submissions for play and/or sale through the TuneFlow Music Store are revocable upon written notice signed by the Artist and delivered to TuneFlow. Termination of play shall occur within ten business days after TuneFlow’s receipt of the signed notification from Artist.
Artist represents to TuneFlow that all music and lyrics are wholly-original creations. Artist has not knowingly used any portion of any copyrighted music or lyric as part of the submitted material.
Artist hereby grants TuneFlow a perpetual, non-exclusive license for play and sale of the Artist’s music/lyrics by TuneFlow and the TuneFlow Music Store Website.
A 45-second preview of Artist’s song will be provided at the TuneFlow Music Store. No royalties are paid to any Artist on preview listens.
TuneFlow shall pay Artist a limited royalty or use fee on all purchases of Artist’s song when purchased as a single at the TuneFlow Music Store. This amount will be 69% to 75% of all Unassisted Sales, and 37% to 50% on all Assisted Sales. No fees or royalties are paid to the Artist on free downloads of Artist's songs.
If Artist’s song is chosen by TuneFlow for a compilation album, the parties shall negotiate a mutually-acceptable royalty or use fee.
Artist agrees all music/lyrics submitted to TuneFlow may be played on TuneFlow's streaming radio broadcast. There are no royalties or user fees paid on streamed broadcasts.
All Artists submit their materials, including all music lyrics, at his/her own risk. By submitting any music/lyrics, Artist irrevocably authorizes TuneFlow to post it permanently on a public Website where it can be accessed and purchased by anyone without any liability on the part of TuneFlow to any third party; provided, that Artist may withdraw the authority of TuneFlow to sell the music/lyrics by providing written notice as set forth in paragraph 1.
Artist may separately market/promote/sell/give away the song at Artist’s discretion, change it, re-record it, perform it publicly, rearrange or modify the music/lyrics; however, TuneFlow is expressly authorized to sell the submitted version at www.tuneflow.com under the license granted to TuneFlow by Artist.
If a copyright owner brings to the attention of TuneFlow any claim of infringement of any copyright, TuneFlow may release any information to the copyright owner regarding Artist. TuneFlow absolutely prohibits copyright infringement and will not knowingly assist any Artist in activities that infringe upon copyright.
TuneFlow reserves the right to reject any submitted material, music or lyrics at TuneFlow’s absolute discretion. TuneFlow reserves the right to discontinue access of any previously accepted song at any time at TuneFlow’s discretion.
Artist indemnifies and holds harmless TuneFlow from any and all claims, causes of action, damages, attorney fees, costs or expenses arising out of or in any manner related to the submission of music/lyrics, the use of the TuneFlow Music Store and any related Websites without exception or limitation.
Artist acknowledges that all significant business contacts regarding the TuneFlow Music Store relate solely to the State of Nebraska. Artist agrees that the mutual choice of forum of the parties is the state court system of Nebraska located in Lincoln, Nebraska, to the exclusion of all other venues and jurisdictions. The law of Nebraska shall control this Agreement and any interpretation. This Agreement is accepted by Artist and acknowledged to be enforceable in accordance with all terms and conditions. No modification of this Agreement is effective unless memorialized in writing and signed by the parties to this Agreement.
The following content is not accepted by Tuneflow and may result in your song(s) being removed from the system and cancellation of your TuneFlow account: songs with lyrics promoting hatred or containing personal attacks, songs containing sexually explicit lyrics, songs that promote violence or discrimination based on race, sex, religion, national origin, sexual orientation or physical disability, and songs that promote illegal activities.