This agreement is between Castle Radio & Hot New Music Stars aka HNMS (“Us/We/Our”) and unsigned bands/artists (“You”).
The agreement will set out the terms on which You supply Us with your musical work (“Works”) for inclusion on http://www.hotnewmusicstars.com and https://castleradio.hotnewmusicstars.com (“Our Websites”) and We provide membership services (“Services”).
We require members to accurately complete our registration procedure when setting up their account. All personal details supplied during registration should be correct and valid and should not infringe any third party rights. It is your responsibility to ensure that personal details are kept up to date.
If you cease to be a member during the period of this agreement, you should notify us immediately.
2. Price details and payment obligations
When you become a member you agree to pay a Yearly subscription charge every Year until You or We terminate the agreement. Your total Yearly payment will depend on the membership features you select. You can add or remove features at any time. If in any Year your payments fail, your account will be suspended until successful payment has been taken.
a. Refunds: No refunds are allowed under any circumstances apart from a failure on our part to provide the service offered.
3. User’s warranties
By becoming a member and submitting Works you warrant on behalf of yourself (and if You are a member of a group, on behalf of each member of the group) that:
a. You have read and agree with all of our policies including our Artist Agreement and Terms and Conditions.
b. You own or control and shall continue to own or control, for the duration of this agreement, all rights, consents, licenses and permissions necessary to submit your Works.
c. It is your responsibility to copyright all materials uploaded to the site including images, logos and songs.
d. Your original Works were created solely by You and do not contain any samples or excerpts from copyright-able work.
e. Your Works do not contain violent or offensive language.
f. Your works do not contain and will not produce any known viruses or harmful code that could damage our computer systems or data.
g. Your works will not violate any common law or statutory patent, copyright or trade mark.
h. The works adhere to all statements displayed within Our Terms and Conditions, and Artist Agreement.
4. Our rights
We have the right to review all Works and use our discretion to refuse to post or immediately remove Works for any reason.
You shall indemnify us in respect of any claims, costs, damages, expenses (including all legal fees), actions suffered or incurred by Castle Radio and HNMS as a result of any breach of the warranties and obligations in this document.
We shall not be liable for:
. any loss of goodwill or reputation;
a. any delay in the respect of uploading, upgrading, price change, or payment;
b. any breach of this agreement caused by acts of God, including but not limited to terrorism, fire, accident, government action, lock out, network failure, failure of power supply, strike, default or failure of subcontractor or supplier.
c. In tort, contract, negligence, copyright or otherwise arising out of connection with this agreement for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings).
d. Any information provided by third party companies or individuals.
We are not responsible for misuse or theft of Works uploaded to the site.
5. Account security
It is your responsibility to preserve the confidentiality and secrecy of your ID number. You will be liable for any and all transactions executed under your account. We are not responsible for changes to your profile made without your consent due to reasons beyond our control. You should inform Us immediately of any unauthorised use of your account or if you suspect someone has gained access to your ID number.
6. Ownership of Works
You shall retain full ownership of your materials, which may include, but are not limited to: sound recordings, pictures, videos, song lyrics and artwork.
During the term of this agreement You grant Us a non-exclusive, worldwide right to:
Make adaptations to the works so as to ensure they are in a usable format. For example, but without limitation, convert from MP3 to WMA or other formats.
a. Use, distribute, publicly perform, broadcast and transmit the Works in whole or in part via our services.
b. Make copies of the works in whole or in part in order to issue those copies to the public.
All tracks that are sold through the website must be your songs.
We or You may terminate this Agreement at any time without cause and without notice. If you cancel your membership you should allow at least 48 hours before your next Yearly payment is due to ensure that we can cancel your subscription in time. You can cancel your membership by email.
You acknowledge that the site may at times encounter technical or other problems and may not necessarily continue uninterrupted or without technical errors. We shall not be responsible to you or others for any interruptions, errors or problems. We reserve the right to modify, suspend or discontinue any Services on either a temporary or permanent basis, without being liable to you. The site is provided “as is” with all faults and without warranties of any kind.
We have no liability for the unavailability of the site, for the loss of data, information or Works resulting from service interruptions.
10. Limitation of liability
If you have a dispute with other users of the site or with any other websites, companies or persons you access through, or as a result of Our Website, you hereby release Dayla Radio and all employees from claims and damages of any kind.
We reserve the right to modify our artist agreement at any time and it is your responsibility to regularly read this document to check for changes. If you continue to use the site you agree to any changes we have made to this document.
This shall constitute the entire agreement between Us and You. It shall be governed by and construed in accordance with English law and any disputes arising out of or connected with it or its subject matter shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you have any questions with regards to this agreement, please contact us using the form below.