Feel the Music ...

 

TERMS OF ALBUM PUBLISHING

Agreement made by and between:

You, artist member of Flowstation.net

hereinafter referred to as "THE ARTIST", on the one hand,

and

FLOWSTATION managed and published by:
DATAFLOT SARL
75 rue de Lourmel
75015 Paris
FRANCE

hereinafter referred to as "FLOWSTATION", on the other hand,


IT IS HEREBY AGREED AS FOLLOWS:


Introduction

The artist has created a series of music tracks compiled into one or more albums. In order to get a wide audience, the artist wishes to take advantage of information technologies.

Flowstation has developped an online publishing platform to promote and to sell the work of its artist members.


1. Object of terms

The primary object of terms of album publishing is to concede the artist exploitation rights non-exclusively to Flowstation.

Broadcasting and commercialisation of the artist work will be operated under creative commons licenses.


2. Conceded rights

The intellectual property rights of the album is in no way conceded to Flowstation.

In the frame of this agreement and in order to promote and to sell his work, the artist will concede, non-exclusively, the following rights to Flowstation:

- reproduction right,
- representation right,
- exploitation right,

In addition, the artist allows Flowstation to use his artist/band name and the name of his published albums for press activities and more generally, for any operation conducted in order to promote Flowstation and Flowstation's members.

In all cases, to observe a principle of transparency, the parties decide to consult each other before exercising the conceded rights for any operation apart from Flowstation.net online platform.

2.a Reproduction right

The artist concedes the right to reproduce the albums submitted by him, by any method of reproduction, known or unknown, on any physical or virtual support whether existing now or in the future.

It is hereby convened that that reproduction right is applied to full tracks or samples.

2.b Representation right

The artist concedes to Flowstation the right to represent his work (in its entirety or partly), by any direct or indirect communication process whatever the mode of distribution or diffusion: streaming, broadcasting, podcasting, phone networks, radio waves, etc.

2.c Exploitation right

Flowstation will be given the right to commercialise the albums submitted by the artist, entirely or partly, according to the terms of the present agreement, by the way of any method including, but not limited to, file download, physical CDs, etc.


3. Flowstation.net Internet platform

Flowstation provides the artist with an internet platform, on www.flowstation.net and any other website to be launched in the future, which allows to:

- promote and commercialise, entirely or partly, the work of the artist,
- manage the artist account, including his personal details, his public profile and his submitted albums.

Flowstation.net Internet platform has also the objective of centralising and simplifying all administrative, technical or operational procedures implied by the present agreement. As the email will be used for most of the exchanges between the parties, the artist will always keep the email address associated to his Flowstation account up to date. Furthermore, the artist will always remain his personal details up to date by using the artist area on Flowstation.net.

According to the particular role that the Flowstation.net Internet plaform plays in the administrative, technical and operational procedures, the artist will always keep his password absolutely private. It is hereby convened that any operation executed with the artist's password in conducted under the responsability of the artist. The artist will be the only responsible in the case of a password disclosure. To insure an optimal security, it is up to the artist to modify his password on a regular basis and to maintain an absolute discretion on it.

The artist understand that Internet is a complex system made of numerous independant networks and subsystems. As a consequence, the responsability of Flowstation will in no way be engaged in the case of a service interruption caused by any incident including, but not limited to, hardware failure, network incident, network connection break, etc.


4. Financial conditions

For each order placed through Flowstation, the artist gets 50% of the tax-excluded amount.

If the artist is bound to an organisation in charge of the management of his rights which collects a part of each order, it is agreed that the amount of the payments made by Flowstation to this organisation will be deducted from the artist account.

Payments are made within 30 days following the previous month's actvity. However, there is a minimum payment of EUR 50.00. If the artist account balance does not reach this amount, it is carried over to the next month.

The artist agree that Flowstation system will automatically measure commercial activities and then calculate the artist revenues. The official statement will in no way be disputed by using an external tracking tool.

The artist is granted an access to real time statistics available on the artist area of Flowstation.net Internet platform.

In the case where the fraudulent nature of a transaction is recognized, if a Flowstation bank account is debited for the amount of that fraudulent payment, the artist account will also be debited for the incriminated transaction. However, if Flowstation gets the reimbursement from the frauder by court action, the artist account will be recredited.


5. Responsibilities

The artist warrants that he has all the required rights, consents and permission in any music track submitted by him.

The artist hereby declares that his work does not include any reproduction, sample or any element subject to third party proprietary right, and that his ownership rights were not conceded exclusively to a third party before the submission, unless the artist has the permission from the righful owner to post the materiel and to grant Flowstation all of the license rights granted herein. In the case where a submitted music track is subject to the reclamation of the rightful owner of an included material, it is convened that the artist is the only responsible.

The artist also declares that his rights are not limited to any territory or to any support. He grants Flowstation a worldwide license and the right to use any virtual and physical support.

It is agreed that the artist is in charge of the payment of all authors, composers, arrangers, musicians, and more generally, of any person who owns any right related to the submitted tracks and of any person who may claim to any right in relation to the submitted material, in its entirety or in a part of it.

The artist warrants that he will be the only responsible in the case where Flowstation is subject to a legal or court action initiated by any person or organisation who claims to any right in relation to the work submitted by the artist.

The artist warrants that he is not bound to any third party and is free to enter into this agreement.

It is convened that the artist will not submit material that is unlawful, obscene, defamatory, threatening, hateful, racially or ethnically offensive, etc.

Failure to respect the terms of the present agreement will cause the artist account termination.


6. Cancellation

The agreement may be terminated at any time, by the artist or Flowstation.

In the case where the artist wishes to cancel the agreement, he will send an electronic message to Flowstation by the way of the artist area of Flowstation.net website.

In the same way, Flowstation has the right to cancel the present agreement by email sent directly to the artist.


7. Modification of agreement

In the case of a modification of the present terms, the artist will be asked to accept or reject the new agreement through the artist area of Flowstation.net. If the new agreeemnt is not accepted by the artist, the parties decide to consult each other in order to find a solution. Failure to do so will cause immediate termination of the agreement.


8. Advertising

Flowstation allows the artist to use its name and graphic materials for any advertising, announce, press release, interview, media activity, banner and, in general, for any marketing and communication operation.

In the same way, the artist allows Flowstation to use his name, albums, tracks, graphic materials, pictures, for any operation conducted to promote Flowstation and Flowstation's artists.

However, these materials may not be edited or modified without permission of the parties.


9. Privacy policy

Flowstation will not disclose the artist's personal details and will not use them for commercial activities.

According to the applicable law, the artist is able to access, edit or delete, at any time, any information submitted by him and stored by Flowstation.


10. Merge, acquisition, division

In the case where Flowstation is subject to a merge, acquisition or division, it is hereby agreed that the present agreement will be transferred into the new structure. That clause is applicable only if the agreement was not subject to modification (according to article 7).


11. Choise of law and juridiction

This agreement shall be governed by and construed in accordance with the laws of France and both parties hereby submit to the exclusive jurisdiction of the courts of Paris. Any action the artist, any third party or Flowstation bring to enforce this agreement shall be brought only in the courts of Paris and the artist expressly consents to the jurisdiction of said courts.