1. These terms and conditions apply to your registration at and use of the Fame Music website (“the Website”) and your participation in any competition organized via the Website (“a Competition”). Please carefully read these terms and conditions to make sure that you understand your rights and obligations in relation thereto.
2. The Website and all Competitions are operated and organized by Fame Arts Media and Entertainment Group Ltd (“Fame Music”), with its registered address at 3rd Floor, 106 Cleveland Street W1T 6NX, London, England. E-mail: firstname.lastname@example.org.
3. In order to register at the Website you must be at least 13 years old. Other age limits may apply if you would like to participate in a Competition.
4. You are not allowed to create more than one account (whether in your own name, someone else's name or under an invented name), or ask anyone to create such fake accounts for you. Any fake accounts will be blocked and any votes from fake accounts will not count. Any artist that is directly or indirectly involved in the creation of and/or voting through fake accounts will be eliminated from any competition, without prejudice to any other rights that Fame Music may have by virtue of law or these terms and conditions.
5. Once you are registered at the Website, you will be able to create an online profile that can be viewed by all registered users of the Website, vote in Competitions and upload materials to your profile page. Before uploading materials please take notice of our Community Rules (see point 20 below) and make sure that you have obtained permission before uploading existing copyrighted music and/or other materials.
Participation in Competitions
6. Application. You can apply to participate in a Competition via the sign up form on a Competition page. The Competition page will contain the details of a Competition and any additional terms that will apply to your participation in a Competition (“Competition Terms”). You will be able to participate in a Competition only if you accept the Competition Terms and if you fulfill the criteria listed in the Competition Terms. For example it may be required that you are a resident of country x or that you are over at least x years of age.
7. Tracks for Competitions. Once you have registered for a Competition, you will be able to upload a maximum number of tracks, as indicated in the Competition Terms. If you are selected to progress to the next stage of a Competition, you will normally be asked to upload new tracks or videos.
Voting and Selection of Winners
8. Votes (1). All registered users of the Website (i.e. fans and artists) can vote on tracks posted on the Website. Each user can vote on each track only once. You are not allowed to vote on your own tracks.
9. Votes (2). A Competition may have one or more rounds and a final. The selection of participants that go on to the next round(s) and the selection of the winners may take place by public voting, or by a professional panel, or a combination of both. This will be explained in more detail in the applicable Competition Terms.
10. Response Times. If you are selected to continue to the next stage of a Competition or if you are one of the winners, Fame Music will inform you via e-mail. If you fail to respond to an e-mail within the deadline mentioned therein and/or if you do not timely follow the instructions of Fame Music (e.g. to post a new track at the Website or to appear at an event), Fame Music may exclude you from the Competition by notifying you thereof via e-mail. Please make sure to update your account information if your contact details change.
11. Acceptance of Prizes. If you are one of the Winners but do not timely accept one or more of the prizes and/or do not timely provide the cooperation requested by Fame Music, Fame Music is entitled to appoint the runner-up as the winner of the Competition, in which case you will no longer be entitled to any of the prizes previously awarded to you.
Registration as a Group
14. Costs. Any costs that you make during a Competition will be for your own account. This means for example that you should cover all costs for making your videos, producing tracks, obtaining permission for use of copyrighted music and/or other materials, any travel and accommodation costs in connection with any auditions or other events and any costs for clothing, hair, make-up etc., unless Fame Music has explicitly and in writing indicated to you that Fame Music will bear such costs.
15. Future Agreements. If you participate in a Competition, you and/or your band mates may at any time before, during or after the end of such Competition be asked to enter into one or more additional agreements with Fame Music and/or a third party designated by Fame Music, the terms of which shall be subject to good faith negotiation. Such agreement could for example be (i) an agreement for the management of your career in the entertainment industry (including, but not limited to, acting, singing, dancing, songwriting, or other services); (ii) a recording agreement for your services as a recording artist and/or songwriter; and/or (iii) an agreement for the use of your name, voice, conversation, likeness and biography in connection with advertising, endorsements, merchandising, and/or sponsorships, and on-line content activities.
Note that not all winners and other participants will be offered such agreements.
If you and Fame Music and/or the designated third party are not able to agree on the content of such agreements within the timeframe set by Fame Music and/or the third party, Fame Music is entitled to exclude you from that Competition and, if applicable, appoint another winner, without being liable towards you for any damages that you may suffer as a result (including but not limited to any costs made in connection with your participation in that Competition).
16. No Conflicting Agreements. You confirm that you are not bound by or subject to any type of agreement that may prevent you from registering as an artist on the Website and/or fully participating in a Competition that you sign up to, including but not limited to an agent, management or recording agreement. You furthermore agree that you will not conclude such agreements during your participation in a Competition and – without prejudice to any further agreement concluded in accordance with Clause 14 above - for a period of six (6) months thereafter,unless Fame has granted its consent and/or has indicated to you in writing that Fame is not interested to represent you in any way. During a Competition, Fame Music may ask you to make a full disclosure of the existence of all contractual arrangements relating to your musical, songwriting, producing, acting or dancing career that you have entered into.
17. Confidentiality. Any information that you receive or otherwise become aware of in relation to a Competition and/or Fame Music that is either marked confidential, or that you should reasonably understand to be of a confidential nature, must be kept confidential at all times, both before, during and after a Competition. You may disclose such information only if explicitly agreed by Fame Group in writing in advance. You will not make any discrediting, degrading or otherwise harmful l statements regarding a Competition, other participants and/or Fame Music, both before, during and after the Competition.
18. Consent to Use. By uploading pictures of yourself, your audition video and your (stage) name and/or any other materials, you consent to the use by Fame Music, including its affiliates, agents, assignees, and licensees throughout the world of:
i. your image or likeness; pictures of your image or likeness; film, video and/or other audiovisual reproductions of your image or likeness and any and all image rights and copyrights relating to your image or likeness; pictures of your image or likeness; film, video and/or other audiovisual reproductions of your image or likeness;
ii. your audition video; sound recordings, and/or other audio(visual) reproductions and any and all copyrights relating to your audition video; sound recordings, and/or other audio(visual) reproductions;
iii. your (stage) name, trademarks, trade names and any other intellectual property rights you may own in the uploaded materials;
all in relation to your registration at the Website and any Competition that you join, and including but not limited to the promotion thereof, whether for commercial or non commercial purposes in all and any media, including but not limited to the internet, film and television, printed publications, presentations, and promotional material, and advertising.
By uploading pictures of yourself, your audition video and your (stage) name and any other materials you understand and agree that it may be edited, altered or combined with other images, sound, texts or information.
19. License. By uploading pictures of yourself, your audition video and your (stage) name and any other materials, you also grant Fame Music a perpetual and irrevocable license to use the above in any manner or format, including -but not limited to- reproduction, broadcasting or otherwise making available to the public, copying, downloading, and distribution, as Fame Music deems appropriate to further its business and promote a Competition.
20. Release. By uploading pictures of yourself, your audition video and your (stage) name and any other materials you expressly release Fame Music, including its affiliates, agents, assignees, and licensees from any and all liability for using the above. You waive any and all claims and cause of actions against Fame Music, including its affiliates, agents, assignees, and licensees arising from the use thereof by Fame Music in relation to your registration as an artist on the Website and your participation in a Competition.
21. Waiver. You represent and warrant that you have secured any and all rights, licenses, consent and permissions from third parties in relation to any materials that you upload. You should specifically be aware when using a song, composition, text, performance, and/or image of a third party that you will need to obtain the right to do so. You thus also represent and warrant that any materials you upload or otherwise submit do not infringe any third party’s copyright, design, trademark or other intellectual property rights.
22. Liability of Fame Music. You accept that Fame Music, including its affiliates, agents, assignees, and licensees shall – irrespective of the legal basis of the claim - not be liable towards you for any damage incurred in connection with your use of the Website and your participation in a Competition, including but not limited to any reputational damage. The foregoing does not apply if and to the extent that (i) any damage is the result of gross negligence or willful misconduct of the executive management of Fame Music, or (ii) is contrary to applicable mandatory law.
23. Community Rules. You agree that you will not (i) defame, abuse, harass, stalk, or threaten others; (ii) post or upload any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful information or other content; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in a file that is uploaded; (viii) restrict or inhibit any other user from using and enjoying the Website, or (ix) in any (other) way act contrary to any applicable laws.
Instructions and Changes
24. Additional Instructions. You agree to follow all of Fame Music’s reasonable rules, directions and instructions in all matters relating to your activities on the Website and your participation in a Competition.
25. Changes. Fame Music is entitled to amend these terms and conditions at any time, in which case we will inform you thereof via e-mail or when you log in to the Website. Please carefully read any such changes to the terms and conditions to make sure that you understand your rights and obligations in relation thereto. If you decide to continue a registration at and use of the Website and/ or your participation in any competition organized via the Website, this will constitute an acceptance of any such changes.
26. Termination by you. If at any time you would like to close your account and/or terminate your participation in a Competition, you can do so here. Please clearly indicate whether you would like to keep your account and only want to terminate your participation in a Competition, or if you would like to terminate your account altogether. If you close your account, your participation in any Competition will also automatically end. For more information on closing your account, please click here
27. Termination by Fame Music. Fame Music has the right to close your account and/or terminate your participation in a Competition with immediate effect if you fail to comply with any of the terms and conditions that are or may become applicable to your use of the Website, registration to or participation in a Competition and more specifically when you fail to comply with any of the Community Rules in Clause 22 above. This termination right applies in addition to any termination rights that Fame Music may have under applicable law.
28. Termination of Competition. Fame Music will be entitled to terminate a Competition with immediate effect if the continuation of that Competition as set out in these terms and conditions and/or the Competition Terms is prevented or hindered due to ‘Force Majeure’. Force Majeure means any and all circumstances beyond the reasonable control of Fame Music, including but not
limited to acts of God, earthquake, flood, storm, lightning, fire, explosion, war, terrorism, riot, civil disturbance, sabotage, strike, lockout, slow- down, labor disturbances, accident, epidemic, lack of or failing transportation, breakdown of public utilities, changes of law, statutes, regulations or any other legislative measures, acts of governments, supranational organizations or other administrative or public agencies, orders or decrees of any court, acts of third parties or an inability to obtain or retain necessary authorizations.
29. Applicable Law. These terms and conditions and any agreements regarding your registration on the Website and your participation in a Competition will be subject to Dutch law, unless the Competition Terms expressly provide otherwise.
Complaints regarding Content
30. No review. All registered users of the Website will be able to leave comments on your profile page and in relation to tracks. You understand and accept that such comments may be negative, offend you and/or may otherwise disturb you. Fame Music in principle does not review any comments and other content placed on the Website by fans or artists.
31. Complaints. If you believe any information or other content on the Website violate the Community Rules as set out in Clause 22 of these terms and conditions, please notify us as soon as possible via e-mail at email@example.com. You must ensure that your complaint is correct, clear and substantiated.
32. Timeframe. Fame Music strives to make a decision about your complaint as soon as possible and in any event within twenty (20) working days after receipt of your complaint. If this is reasonably not possible, Fame Music will inform you shortly on the reasons for the delay and the term in which you can expect a decision.
33. Possible Actions. Fame Music will take action on the basis of the results of its assessment. In the event that Fame Music determines that the information or content concerned does not violate the Community Rules, Fame Music will inform you accordingly, together with the reasons for this where necessary. In the event that Fame Music determines that the information and content concerned does violate the Community Rules, Fame Music may request the user that has posted the content to remove the information or content or Fame Music may instantly block or remove the information or content by itself. In the event that Fame Music has not been able to come to an unequivocal judgment as to whether the information or content violates the Community Rules, Fame Music shall inform you thereof and request the other user to remove, or have removed, the information or content voluntarily.
34. Appeal. If you do not agree with the decision of Fame Music, you can appeal the decision. Your appeal has to be sent by email to firstname.lastname@example.org and must be received by Fame Music within five working days after the date of decision. Your appeal must specify the reasons for your objections. Fame Music will aim to decide within ten (10) working days after the acknowledgement of receipt of your appeal. If this is reasonably not possible, Fame Music will inform you shortly on the reasons for the delay and the term in which you can expect a decision.
Version applicable as of 3/3/2015