TUNECORE ARTISTS HAVE EARNED $2 BILLION IN REVENUE. #IndependentAF

Terms and Conditions

Effective as of June 26, 2020

Please read the following terms and conditions carefully. These terms and conditions, as well as the copyright policy (the “Copyright Policy”) and the privacy policy (the “Privacy Policy”) (incorporated herein by this reference and collectively referred to as the “Terms of Service”), govern your access to and use of the TuneCore.com website (the “Site”), including the use of any content, information, products and/or services (the “Services”) therein. This is a legal agreement between you and TuneCore, Inc. (“Company”). Company reserves the sole right at any time to modify, discontinue or terminate the Site and Services, or modify the Terms of Service without notice. It is your responsibility to check these Terms of Service periodically for changes. By continuing to use or access the Site and/or Services after Company makes and posts any such modification, you agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of the Terms of Service without Company’s express written consent.

YOU UNDERSTAND THAT BY USING THE SERVICES OFFERED BY COMPANY THROUGH THE SITE OR WITH RESPECT TO YOUR TUNECORE ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES OFFERED BY COMPANY.

1. GRANT OF RIGHTS.

(a) The rights granted hereunder shall include (i) the sale of Recordings (as defined in Section 2 below) by, without limitation, permanent digital downloads, temporary digital downloads, interactive streaming, non-interactive streaming, cloud services and so-called "disc-on-demand" services and (ii) the reproduction, the performance and the communication to the public of the Compositions (as defined in Section 2 below). You and Company agree that the Internet consumer stores (“Consumer Stores”) (e.g., iTunes, Amazon, Spotify, Rhapsody) licensed to exploit your Recordings hereunder must be approved by you.

(b) By clicking the “I Agree” button, you irrevocably grant to Company, throughout the world (the “Territory”) and during the Term (as defined in Section 7 below), the non-exclusive right:

    (i) to sell, copy, distribute and otherwise exploit the Recordings and to reproduce, display, communicate to the public, publicly perform and otherwise exploit the Compositions by all means and media (whether now known or existing in the future) (“Sale”) through any and all Consumer Stores now operational or hereafter available;

    (ii) to collect all income deriving therefrom; and

    (iii) to use the name(s), photographs and likenesses, artwork images, biographical and other information  provided by you or the artists whose performances are embodied on the Recordings (or the composers, authors and arrangers of the Compositions whose musical works are embodied on the Recordings) in connection with the Recordings and Company's general business.

(c) You agree that you will not use the Site or Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. You acknowledge and agree that Company may disable access to and/or terminate your account and/or remove or disable access to any Recordings or any associated materials you provide to Company in the event that Company receives any claim that, if true, would constitute a violation of your representations and warranties hereunder. Please see the Copyright Policy for further information.

(d) You agree that Company may freeze any and all revenues in your account that are received in connection with Recordings or Compositions (if any), or other materials submitted by you which Company believes, in its good faith discretion, violate the Terms of Service, and that such revenues will be forfeited by you if Company determines, in its good faith discretion, they are the result of fraud and/or infringement. You agree that you will not be entitled to reimbursement for any fees paid by you to Company in the event Company disables access to your account, your Recordings and/or any other materials you provide to Company, or to any revenues forfeited by you as set forth in the preceding sentence.

(e) You agree that Company may terminate your account if you violate the Terms of Service or, in Company’s good faith discretion, are believed to be infringing the intellectual property rights of third parties and/or engaging in otherwise fraudulent activity.

2. RECORDINGS & COMPOSITIONS

(a) The term "Recordings" shall be defined as the sound recordings and audiovisual recordings that you submit to Company at any time. Company, in its sole discretion, reserves the right to reject any materials (including, without limitation, Recordings, images and/or artwork) that you submit. You agree to submit all Recordings, images and artwork at your sole expense, in the format(s) required by Company or the Consumer Stores. Technical descriptions of such format(s) will be provided to you upon request. You agree that Company and/or its suppliers will have the right to supplement existing artwork necessary to complete the packaging for discs-on-demand. Reasonable efforts will be made to provide you with approval rights over such artwork, but in the event that you object to any such artwork your only remedy shall be to (a) provide appropriate replacement artwork or (b) request prospective discontinuation of delivery of your materials in such manner. In no circumstances shall Company have any liability to you with respect to the quality, sufficiency or other aspect of the creation and delivery of such discs-on-demand.

(b) The term “Compositions” shall be defined as all the underlying works (including musical compositions, lyrics, arrangements, adaptations) embodied in the Recordings. The Compositions also comprise the names and likeness of their composers, authors, and arrangers. Company, in its sole discretion, reserves the right to reject any Recordings that you submitted for any reason including, but not limited to, (i) in the event you do not either own or control the necessary rights on the Compositions as set forth in Section 1. (b) above, or (ii) such rights have been granted to a third party, including, but not limited to, a local collecting society (e.g. IPRS).

3. PAYMENTS.

(a) Company will pay you one hundred percent (100%) of Net Income (as defined in Section 3(b) below). Net Income will be posted to your TuneCore account in a timely fashion after Company's receipt thereof. Once payment has been credited to your account, you will be able to withdraw all or any portion at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals.

(b) "Net Income" shall be defined as Company's actual receipts from Consumer Stores less any tax, fee or other charge related to the Sale. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than one (1) year after the date the statement is rendered, and you hereby waive any longer statute of limitations that may be permitted by law.

(c) To the extent that you owe any amounts to Company as a consequence of the Terms of Service or otherwise, Company shall have the right to deduct all or a portion of such amounts from any Net Income otherwise payable to you.

(d) In the event that Company has, in its good faith discretion, reason to suspect that your account has been subjected to and/or involved in fraudulent or infringing activities, Company reserves the right to discontinue the posting of Net Income to your account and block your ability to otherwise withdraw funds therefrom until resolution of the suspect activities to the satisfaction of Company is obtained. Furthermore, you agree that such revenues will be forfeited by you if Company determines, in its good faith discretion, that they are the result of fraud and/or infringement. To the extent that any fraudulent and/or infringing activities are determined to be caused by your or your affiliates actions or omissions, any costs incurred by Company (including legal fees and expenses) in connection therewith may, in addition to its other remedies, be deducted by Company from any monies otherwise payable to you hereunder. Certain Consumer Stores may also have policies related to fraud and suspected fraudulent activities and you agree that it is your responsibility to investigate such policies, if any, and such policies shall be binding upon you hereunder.

(e) The Net Income posted to your TuneCore account will be pooled in an interest bearing bank account with the Net Income of other TuneCore customers until you withdraw such funds. You agree that you will not receive interest or other earnings on the Net Income that Company handles as your agent and places in such pooled account. In consideration for your use of the Services, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on Net Income held in such pooled account. In addition to or instead of earning interest on such pooled account, Company may receive a reduction in fees or expenses charged for banking services by the banks that hold your Net Income.

(f) In connection with your decision to use the TuneCore streaming media player, iPhone application or other so-called widgets or applications (the “Streaming Players”) as platforms for users to stream your Recordings, you hereby waive any right to digital artist royalties, performance royalties or any other fees or royalties, statutory or otherwise, that Company may be obligated to pay you or a third party in connection with the use of such Streaming Players. For the avoidance of doubt, to the extent that you utilize a Streaming Player on your own website or authorize its use on any other website on the Internet, you acknowledge and agree that Company is not responsible to make any third party payments in connection with the Recordings and the Compositions you own and/or control.

(g) To the extent that you elect to use certain Recordings from your TuneCore catalog to distribute free to any parties (via a Streaming Player, directly through your own website or otherwise), you agree that you will be solely responsible for any of the above referenced third party payment obligations resulting from such deliveries. Without limiting any of the foregoing, you expressly agree to either waive music publishing royalties or pay any necessary royalties due to third party music publishers as a result of any such free distribution.

(h) In the event that Company is presented with a claim of infringement of copyright, trademark, right of publicity or other intellectual property right, or failure to comply with any third party license requirement or any other claim which, if true, would constitute your breach of, or non-compliance with, any of your representations, warranties or agreements hereunder, you agree that Company may freeze any and all revenues in your account that are received in connection with the disputed Recordings or other materials submitted by you, and that such revenues will be forfeited by you if Company determines, in its good faith discretion, they are the result of fraud and/or infringement. Furthermore, if in Company’s reasonable business judgment it elects to engage an attorney to review and/or respond to such claim, Company shall, in its sole discretion, have the right to deduct from your account or charge any alternate payment method you provide to Company (such as a PayPal account, credit card or debit card) (each a “Payment Method”) a minimum of Three Hundred Dollars ($300) to offset the costs of associated legal fees and expenses.

4. THIRD PARTY OBLIGATIONS.

(a) You shall be solely responsible for securing and paying for digital phonorecord delivery, mechanical, public performance and any other licenses (as applicable) required from musical composition copyright owners or their agents in connection with Company's exploitation of rights hereunder, as well as royalties due to artists, producers and other persons who performed in the making of the Recordings and all payments that may be required under collective bargaining agreements or pursuant to any statutory schemes.

(b) You shall be solely responsible for securing, and paying any amounts payable in connection with, any and all necessary licenses required in connection with Company’s exploitation of the rights granted to Company hereunder including, but not limited to, in connection with mechanical reproduction and/or the public performance of Compositions embodied in the Recordings, and any payments of any and all associated mechanical reproduction and public performance royalties.

(c) To the extent that Company permits you to select certain Recordings from your TuneCore catalog to distribute free to fans or directly through your own website, you agree that you will be solely responsible for any of the above referenced third-party payment obligations resulting from such deliveries.

5. WARRANTIES; REPRESENTATIONS; INDEMNITIES.

(a) You warrant and represent that you are at least eighteen (18) years of age, you have the right and authority to enter into this agreement and to grant to Company all rights specified; all of the Recordings and the Compositions, including, without limitation, any sampled third party material embodied therein, artwork, metadata, audiovisuals, images and any other materials furnished by you to Company or relating to the Recordings and/or the Compositions are owned or controlled by you and the use thereof as described or contemplated herein and/or on the Site and/or Consumer Stores’ websites shall not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity; and that Company shall have the right to exploit same in any manner hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity other than the amounts payable to you hereunder.

(b) You shall defend and indemnify Company and any of its affiliates (including any directors, members, officers, employees and other representatives) and hold them harmless against any third party claims or expenses and losses resulting from breach or a claim which, if true, would constitute a breach of the foregoing representations and warranties or any of the agreements contained in these Terms of Service, including reasonable attorneys' fees and expenses.

(c) Company shall give you prompt notice of any claim that is subject to the foregoing indemnification obligation and you shall defend Company at your expense with counsel approved by Company, which approval shall not be unreasonably withheld. In the event you fail to retain approved counsel, Company may, if it so elects, defend itself at your cost and expense and you agree that Company may require your participation in such defense as a third party or otherwise and you hereby waive any objection or claim to compensation in respect of same. If a claim is made Company shall have the right, in its sole discretion, to remove or disable access to the Recordings and/or any associated materials that are the subject of such claim, and/or to withhold payment of any monies due hereunder in an amount reasonably related to the claim and potential expenses. Any settlement of any claim shall be subject to Company's prior written approval.

(d) THERE ARE NO REPRESENTATIONS OR WARRANTIES BY COMPANY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF SERVICE.

6. SUBSCRIPTION FEES.

In consideration of the services rendered hereunder, all Recordings submitted by you and distributed by Company to the Consumer Stores require that you purchase a recurring fee-based subscription via a Payment Method. These fees may be amended from time to time by Company without notice to you. You expressly agree that Company is authorized to deduct your recurring subscription fees, any applicable tax and other charges you may incur in connection with your use of the Services directly from your TuneCore account (i.e., your share of Net Income) or charge such fees to any Payment Method you provide to Company. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your TuneCore account by you or anyone else using your account. If you notify Company in writing that you are terminating your subscription for one or more of your Recordings, no further subscription fees will be charged to your TuneCore account or Payment Method for those Recordings and all terminated Recordings will be removed from their respective Consumer Stores. You will not be entitled to reimbursement of any pre-paid fees with respect to any terminated Recordings. If for any reason you fail to make a payment or a payment is reversed hereunder via the Payment Method or any other method after agreeing to these Terms of Service, Company will be entitled to recoup, at its sole discretion, the subscription fee, by any means necessary, including the right to keep your account active and collect any resulting royalties until the subscription fee is fully recouped. It is your responsibility to notify Company if your Payment Method has changed by making the appropriate changes to your TuneCore account settings. If you do not provide a valid Payment Method your service may be disconnected or interrupted at Company’s sole discretion.

 

  1. TERM.

The Terms of Service shall apply at all times while you utilize the Site or the Services.

8. CONFIDENTIALITY.

You acknowledge and agree that, in the course of negotiating and transacting business with Company, you may become aware of certain otherwise confidential information related to Company’s business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, you agree to keep such information confidential. You hereby expressly agree that Company shall have the right to provide information relative to the sales of your Recordings hereunder to third parties, to aggregate such information in charts and other comparative informational materials, and to disseminate the same in any manner.

9. OTHER AGREEMENTS.

You acknowledge that in providing the Services and payments hereunder, Company will be required to enter into certain agreements with various Consumer Stores. The selection of these Consumer Stores shall be within the sole discretion of Company. You agree that the Terms of Service shall be subject to any applicable terms and conditions of such other agreements that Company enters into with respect to such Consumer Stores. You expressly acknowledge that certain Consumer Stores may, with respect to audiovisual recordings, require that your audiovisual recordings be made available on their websites at certain times and in certain formats relative to the availability of such materials elsewhere in the marketplace. To the extent that such requirements are not met, the individual Consumer Stores may have the right to discontinue the availability of said audiovisual recordings in their store(s). Company will, upon your written request, provide you with the current specifics of such requirements.

10. BAR CODES AND UNIVERSAL PRODUCT CODES.

Company will provide you with free bar codes and universal product codes (“UPCs”). These are for your use only and may not be transferred or resold. If transferred or resold, Company will charge you Twenty-Five Dollars ($25.00) per bar code or UPC, plus any revenue made by you from such transfer or resale. Company may deduct such charges from any Net Income owed to you by Company or charge such amounts to any Payment Method you provide to Company.

11. MISCELLANEOUS.

(a) The Site and Services may be used and accessed solely for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services, including, without limitation, applicable common law, all relevant statutes, and the rules and regulations of the Office of Foreign Assets Control of the U.S. Department of the Treasury. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site and Services:

    (i) Disable, hack, circumvent or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Company content or materials;

    (ii) Use any metadata, meta tags or other hidden text utilizing a TuneCore name, trademark, URL or product name;

    (iii) Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;

    (iv) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;

    (v) Upload, submit, post, email, or otherwise transmit, via the Site or Services, any Recordings or Compositions or other materials that are, in the sole opinion of Company, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable;

    (vi) Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages available on the Site, servers or networks connected to the Site or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the Site;

    (vii) Attempt to scan, probe or test the vulnerability of any Company system or network or breach, impair or circumvent any security or authentication measures protecting and providing security for the Site or Services;

    (viii) Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Site or Services;

    (ix) Attempt to search, meta-search or access the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Company or other generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Site to determine how a website or web page ranks;

    (x) Collect or store personal data about other users of the Site or Services without their express and explicit permission;

    (xi) Misrepresent or impersonate your affiliation with any person or entity, through pretext or some other form of social engineering or otherwise commit fraud;

     (xii) Use the Site or Services in any manner not permitted by the Terms of Service; or

    (xiii) Instruct or encourage any other individual to do any of the foregoing or to breach and/or violate any of the Terms of Service.

(b) Company does not guarantee exploitation of the Recordings, which will depend on consumer preference, nor on the inclusion or participation of any given Consumer Store. Company reserves the right in its sole discretion to decline to engage in business with any given Consumer Store. Except as specifically set forth in the Terms of Service, Company shall have no obligations to you.

(c) Company shall not be deemed in breach of the Terms of Service unless you have given Company notice of the breach and Company has failed to cure such breach within thirty (30) days after receipt of such notice. In no event shall any breach entitle you to rescind the rights granted hereunder.

(d) In no event will Company, its officers, directors, employees or agents be liable to you for any damages whatsoever, including, without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the Site, Services, Company products or any Company content, no matter whether the damages are foreseeable and whether or not Company has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will Company’s aggregate liability to you exceed One Hundred Dollars ($100).

(e) The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New York excluding that body of law pertaining to the conflict of laws. Any legal action or proceeding arising under the Terms of Service shall be brought exclusively in courts located in the State and County of New York, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. The parties to this agreement waive their respective rights to a trial by jury. In the event that any provision in the Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of the Terms of Service will not be deemed a waiver of such right or provision. You may not assign the Terms of Service (by operation of law or otherwise) without the prior written consent of Company and any prohibited assignment will be null and void. Company may assign the Terms of Service or any rights or obligations hereunder without your consent. The relationship of the parties under the Terms of Service is that of independent contractors and the Terms of Service shall not be construed to imply that either party is the agent, employee, or joint venturer of the other. You agree that the Terms of Service and the rules, restrictions and policies contained herein, and Company's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Company. The Terms of Service, together with the rules and policies of Company, constitute the entire agreement between Company and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (i) by Company via email (in each case to your email address of record), (ii) a posting on the Site, or (iii) by you via email to [email protected] or to such other address as Company may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

(f) You acknowledge that you have read and understand Company's Privacy Policy as more fully described on the Site, and by using the Services and the Site you have expressly accepted the terms and conditions set forth in such Privacy Policy, as same may be amended from time to time.

(g) It is your responsibility to deliver all necessary information, metadata, songs, graphic files or any other information or music in the format required. You acknowledge that Company will not be obligated to furnish its services hereunder until receipt of said materials.

(h) In very limited circumstances, Company may permit you to modify the standard wholesale price you will receive from sales of certain of your Recordings by a Consumer Store (“Price Variance”), such circumstances to be determined by Company in its sole discretion. Further to and consistent with the provisions of Section 11(d) above, in no event will Company, its officers, directors, employees or agents be liable to you for any claims you may have in connection with any errors occurring in the implementation of such Price Variance, which are not solely and entirely caused by Company’s negligence or error.

(i) You authorize Company to make and perform clips of your Recordings up to ninety (90) seconds in length via streaming or download free of charge (the "Clips") to promote the band, artist and/or Sale of applicable Recordings. To the extent that you own or control the publishing rights in the musical compositions embodied in your Recordings used in the Clips (the “Compositions”), you authorize Company to make and perform clips of your Compositions up to ninety (90) seconds in length via streaming or download free of charge to promote the band, artist and/or Sale of applicable Recordings. Said Clips may be created by Company or any third party affiliated with Company by using any consecutive ninety (90) seconds of the applicable Recording(s).

(j) Company reserves the right, in its sole discretion, to refuse to provide its services to you or any customer for any or no reason whatsoever.

(k) If an audiovisual master is rejected by a Consumer Store because it does not meet that store’s technical or editorial specifications, you must pay a resubmission fee before resubmitting the master. In the event you are unable or unwilling to correct the errors or quality issues in order to resubmit the audiovisual master, there shall be no refund on previously paid fees – the fees paid for the initial submission and any resubmission are not refundable under any circumstance.

Effective as of August 1, 2013

STORE AUTOMATOR AMENDMENT TO TUNECORE’S TERMS & CONDITIONS

Please read the following terms and conditions carefully, which amend the Terms of Service that you previously entered into with TuneCore, Inc. (“TuneCore”), as such agreement has been supplemented, amended or otherwise modified. These terms explain how you can use the Store Automator program to automatically deliver your Releases (as defined below) to Consumer Stores licensed by TuneCore to exploit sound recordings. TuneCore’s Terms of Service are incorporated herein by reference.

TuneCore reserves the sole right at any time to modify, discontinue or terminate the Site and Services, or modify the Terms of Service without notice. All modified terms and/or conditions when posted on the Site shall supersede the prior agreement between you and TuneCore, and such revised Terms of Service shall constitute the entire agreement between you and TuneCore. By continuing to use or access the Site and/or Services after TuneCore makes any such modification, you agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of the Terms of Service without TuneCore’s express written consent. Capitalized terms used herein without definition have their respective meanings assigned in the Terms of Service.

YOU UNDERSTAND THAT BY USING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE STORE AUTOMATOR PROGRAM, AND YOUR TUNECORE ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THIS AMENDMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. COMPANY FEES

a. You shall pay TuneCore a one-time, non-refundable fee (the “Fee”) per Release.

b. You agree that TuneCore is authorized to deduct the Fee and any applicable taxes directly from your TuneCore account or charge such Fee to any alternate payment method you provide to Company (such as a valid PayPal account, credit card or debit card, each a “Payment Method”). If for any reason you fail to make a payment or a payment is reversed hereunder via the Payment Method or any other method after agreeing to these Terms of Service, TuneCore will be entitled to recoup, at its sole discretion, the Fee by any means necessary, including the right to keep your account active and collect any resulting royalties until the Fee is fully recouped. It is your responsibility to notify TuneCore if your Payment Method has changed by making the appropriate changes to your TuneCore account settings. If you do not provide a valid Payment Method your service may be disconnected or interrupted at TuneCore’s sole discretion.

2. SERVICE

a. The term “Release” shall be defined as any Recording in good standing, other than a ringtone, that you designate for automatic distribution via the Store Automator program. For the avoidance of doubt, ringtones are not eligible for such distribution.

b. Subject to the terms hereof, each Release will be automatically delivered to all Consumer Stores licensed by TuneCore to exploit sound recordings after the date that TuneCore receives the Fee, and you hereby give your approval to the exploitation of your Releases in such Consumer Stores. Notwithstanding the foregoing, the determination of what constitutes a “Consumer Store” for the purposes hereof shall be made by TuneCore in its sole discretion.

c. You will be notified within twenty-four (24) hours after any Release is delivered to a Consumer Store in connection with Store Automator. TuneCore makes no representation as to the amount of time it will take for any Release to become available in a Consumer Store, nor does TuneCore guarantee the exploitation of any Release.

d. If you notify TuneCore in writing that you are discontinuing Store Automator with respect to any Release(s), TuneCore shall cease the automatic distribution of such Release(s) within a reasonable amount of time after receipt of such notification (the “End Date”). You may elect to re-activate Store Automator at any time. For the avoidance of doubt, in the event of a re-activation, your Release will not be automatically delivered to any Consumer Store added by TuneCore in the period of time after the End Date and prior to such re-activation.

COLLECT YOUR YOUTUBE SOUND RECORDING REVENUE AMENDMENT TO TUNECORE’S TERMS AND CONDITIONS

Effective as of October 15, 2014

Please read the following terms and conditions carefully, which amend the Terms of Service that you previously entered into with TuneCore, Inc. (“TuneCore”) with respect to your Recordings and Compositions, as such agreement has been supplemented, amended or otherwise modified. This is a legal agreement between you and TuneCore. TuneCore reserves the sole right at any time to modify, discontinue or terminate the Site and Services, or modify the Terms of Service without notice. All modified terms and/or conditions when posted on the Site shall supersede the prior agreement between you and TuneCore, and such revised Terms and Conditions shall constitute the entire agreement between you and TuneCore. By continuing to use or access the Site and/or Services after TuneCore makes any such modification, you agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of the Terms of Service without TuneCore’s express written consent. Capitalized terms used herein without definition have their respective meanings assigned in the Terms of Service.

YOU UNDERSTAND THAT BY USING THE SERVICES AND YOUR TUNECORE ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THIS AMENDMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. Grant of Rights.

a. By clicking on the “I Agree” button, you irrevocably grant to TuneCore, throughout the Territory and during the Term, the sole and exclusive right:

i. To be the administrator of the Recordings submitted hereunder (the “YouTube Recordings”), including, but not limited to, the right to use the YouTube Recordings in connection with and in timed relation with YouTube videos.

ii. To prosecute, defend and settle claims regarding the exploitation of the YouTube Recordings on YouTube.

iii. To enter into agreements with, or assign or license any of TuneCore’s rights and/or delegate any of its obligations under this agreement to third party licensees on such terms as may be acceptable to TuneCore.

b. TuneCore reserves the right, in its sole discretion, to refuse to provide its services to you or any customer for any or no reason whatsoever, and shall be under no obligation to provide notification of such refusal. For the avoidance of doubt, Recordings must be actively distributed by TuneCore at the time of submission hereunder in order to be included as YouTube Recordings hereunder.

2. Payments.

a. TuneCore shall collect all Gross Receipts earned by the YouTube Recordings.

b. “Gross Receipts” is defined in this agreement as all revenue derived directly and exclusively in connection with the exploitation of the YouTube Recordings on YouTube, excluding any deductions taken for any reason by YouTube. Eighty percent (80%) of Gross Receipts shall be credited to your TuneCore account. TuneCore shall be permitted to retain twenty percent (20%) of Gross Receipts.

c. You shall receive statements as to your share of Gross Receipts, and such monies credited to your TuneCore account, in a timely fashion following TuneCore’s receipt of accounting and payment from YouTube. Once payment has been credited to your account, you will be able to withdraw all or a portion at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals. Any objection relating to any accounting statement or any legal claims arising therefrom must be made (and any lawsuit commenced) no later than one (1) year after the date the statement is initially sent to you, and you waive any longer statute of limitations that may be permitted by law. Notwithstanding the foregoing, and without limiting any other provision of the Terms of Service, TuneCore will have no obligation to pay any amounts, and is permitted to deduct or withhold any amounts owed, determined or reasonably suspected by TuneCore in its sole discretion to have resulted from fraudulent, misleading or false activities. TuneCore reserves the right to withhold or deduct payment, if applicable, pending TuneCore’s reasonable investigation of any of the foregoing or any breach of the Terms of Service by you.

d. The Gross Receipts in your TuneCore account may be held by TuneCore in an interest bearing account. TuneCore may, in its sole discretion, retain all interest earned on the Gross Receipts or pay to you all or a portion of such interest.

e. In the event that TuneCore has, in its good faith discretion, reason to suspect that any YouTube Recording submitted by you to TuneCore is not in compliance with the terms of Section 4 below, or if TuneCore is presented with a claim of infringement of copyright, trademark, right or publicity or other intellectual property right, or failure to comply with any third party license requirement or any other claim which, if true, would constitute your breach of, or non-compliance with, any of your representations, warranties and agreements hereunder, you agree that TuneCore may discontinue the posting of your share of Gross Receipts with respect to such YouTube Recording to your TuneCore account and block your ability to otherwise withdraw funds therefrom until satisfactory resolution of the matter is obtained. Furthermore, you agree that you will forfeit such revenues if TuneCore determines that they are the result of infringement or fraud.

f. If TuneCore, in its reasonable discretion, determines that any infringing or fraudulent activities may have been caused by your or your affiliates’ acts or omissions, any costs incurred by TuneCore (including legal fees and expenses) in connection therewith may, in addition to other remedies, be deducted by TuneCore from any monies otherwise payable to you by TuneCore. Furthermore, if in TuneCore’s reasonable business judgment it elects to engage an attorney to review and/or respond to a claim of fraud and/or infringement with respect to a YouTube Recording(s), TuneCore shall, in its sole discretion, have the right to deduct from your TuneCore account or charge your Payment Method (defined in Section 5(b) below) a minimum of Three Hundred Dollars ($300) to offset the costs of associated legal fees and expenses.

3. Third Party Obligations. You shall be solely responsible for securing and paying (a) all fees and/or royalties due to performers, producers and other persons who contributed to the production of the YouTube Recordings or to whom you are otherwise obligated to pay a portion of the income from any of the YouTube Recordings, (b) all payments that may be required under collective bargaining agreements or pursuant to any statutory schemes, and (c) to the extent that such rights are not licensed directly by YouTube, mechanical and public performance royalties payable with respect to musical compositions embodied in the YouTube Recordings. You warrant and represent that all third parties to whom you are obligated to pay a portion of the income from the YouTube Recordings shall look solely to you for any such payments and you hereby agree to indemnify TuneCore and hold TuneCore harmless from any and all claims, demands or actions by any such third parties for any such payments in accordance with the indemnification provisions of the Terms of Service.

4. Warranties and Representations. You warrant and represent that you are at least eighteen (18) years of age and that all of the YouTube Recordings are one hundred percent (100%) exclusively owned or controlled by you throughout the world and the use thereof as described or contemplated herein shall not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity; and that TuneCore shall have the right to exploit the same in any manner hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity other than the amounts payable to you hereunder. For the avoidance of doubt, YouTube Recordings incorporating the following types of content are not eligible for inclusion in YouTube Monetization (each, an “Ineligible Recording”): (i) content licensed non-exclusively from a third party; (ii) content released under Creative Commons or similar free/open licenses; (iii) public domain recordings; (iv) clips or samples from other sources (including clips used under fair use principles); (v) karaoke recordings, instrumental cover versions, remasters and sound-alike recordings; and (vi) sound effects, soundbeds or production loops. The submission of Ineligible Recordings for use in connection with YouTube Monetization may result in TuneCore disabling your access to YouTube Monetization or terminating your TuneCore account.

5. TuneCore Fees.

a. You shall pay TuneCore a one-time, non-refundable fee (the “Set Up Fee”), as set forth on TuneCore’s website, to cover TuneCore’s administrative expenses with respect to updating your catalog of YouTube Recordings.

b. You agree that TuneCore is authorized to deduct the Set Up Fee, any applicable taxes and other charges you may incur in connection with your use of the administration services directly from your TuneCore account or charge such fees to any alternate payment method you provide to TuneCore (such as a valid PayPal account, credit card or debit card, each a “Payment Method”). For the avoidance of doubt, if you or TuneCore terminates this agreement for any of the reasons set forth herein, you will not be entitled to a full or partial reimbursement of the Set Up Fee. Furthermore, if for any reason you fail to make a payment or a payment is reversed hereunder via the Payment Method or any other method after agreeing to these Terms of Service, TuneCore will be entitled to recoup, at its sole discretion, the Set Up Fee (plus a Twenty-Five Dollar ($25.00) administrative fee), by any means necessary, including the right to keep your account active and collect any resulting royalties until the Set Up Fee is fully recouped. It is your responsibility to notify TuneCore if your Payment Method has changed by making the appropriate changes to your TuneCore account settings. If you do not provide a valid Payment Method your service may be disconnected or interrupted at TuneCore’s sole discretion.

Privacy Policy

Effective as of September 19th, 2016

Your privacy is important to us. None of us at TuneCore would want our own personal information used in ways we do not agree to or know about.

Please take a moment to read our Privacy Policy below to make sure you understand and agree with it.

Why does TuneCore collect personal information?

We need your personal information (i.e., information by which you are individually identifiable) in order to provide you our services, pay you, get your music to our partners, answer questions you may have, keep track of all the things happening with your account, provide customer support, collect fees, provide new opportunities, contact you in case of incomplete information, and deliver new products, updates and a high quality customer experience.

What information does TuneCore collect?

To offer you our services and products, TuneCore will need basic personal information from you that might consist of all or part of the following: the name of the account holder; physical address; email address; phone numbers; credit/charge card information to collect from you various fees and charges for services and/or products; bank account and/or PayPal account information for deposits of money owed to you from the sale of your music; and your social security number and/or tax identification number for tax purposes if you sign up for TuneCore’s Publishing Administration. In addition, we might ask for personal information that will help remind you of your TuneCore account user name and/or password in the event you forget or lose such information.

TuneCore may also set up a system that allows you to purchase and/or send gift certificates or links to albums, songs or other TuneCore products or services to other TuneCore users, family members, friends or colleagues. To fulfill your request, TuneCore may require personal information about the person to whom you are sending the product or service. The personal information you provide about that person is used only for the purpose for which it is collected.

If you use our TuneCore Social service to connect to third party services, including “Social Media Platforms” such as Twitter, Facebook, SoundCloud, Instagram and MixCloud, we will also archive certain information unique to you and your TuneCore activities, including but not limited to: user generated content (such as messages, posts, comments, pages, profiles, images, feeds or communications exchanged on the Social Media Platforms), additional customer profile information (such as age, gender, employer, profession, geographic location, education information, financial status, habits and preferences); and information relating to your real time location.

TuneCore may also collect non-personal information from you, including the names of your songs and albums and the associated artists; the year that your recordings were made/released; and the name(s) of the person or entity that owns and controls the rights to the songs, albums and/or artwork that you deliver to TuneCore. Such information may, without limitation, be used to keep track of how certain albums and/or songs are selling for ranking charts. Please note that by using the TuneCore service, you agree that TuneCore shall have the right to provide information relative to the sales of your recordings to third parties, to aggregate such information in charts and other comparative informational materials, and to disseminate the same in any manner. From time to time TuneCore might also present you with a voluntary survey or questionnaire about our current or possible future services or products that solicits non-personal information from you.

Please note that some of your information may remain in our records even in the event that your account is closed.

Does TuneCore disclose your personal information to anyone?

We take your privacy very seriously. In order to serve you it is possible that people working for TuneCore might view your personal information to make sure we are providing you with the best service possible, but such access will be on a need-to-know basis only and they will be required to keep your personal information confidential and use it only as provided by the TuneCore privacy policy.

It is also possible that with improvements to existing services or with the addition of new services it may be to your advantage for TuneCore to make specific personal information about you available to companies that TuneCore has a strategic relationship with or that perform work for TuneCore so that they can provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services or conduct customer research or satisfaction surveys. We will provide these companies with only the personal information that they require to perform the task for which they have been hired to do. These companies must also protect your personal information in accordance with TuneCore’s privacy policy. Without such information being made available, it would be difficult for you to sell your music, upload your songs, upload your album artwork, purchase products and services, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers and content on the TuneCore website.

Your personal information may also be disclosed to law enforcement officials or third parties if TuneCore is required to do so by law. Furthermore, in the event that TuneCore receives notification that any content you have posted online using the TuneCore service infringes on the rights of a third party, TuneCore may, in its good faith discretion, disclose your contact information to such third party.

How does TuneCore protect your personal information?

TuneCore will take appropriate administrative, technical, physical measures and more to safeguard your personal information against loss, theft or misuse, as well as unauthorized access, disclosure, alteration or destruction.

Although there will always be people attempting to steal information, we follow the industry accepted security standards designed to safeguard and prevent unauthorized access to, disclosure of and use of your personal information. We use Secure Sockets Layer (“SSL”) encryption for credit card and other bank transactions. Due to this level of security, you must use an SSL-enabled browser such as Safari, Netscape Navigator 3.0 (or a later version), or Internet Explorer. Doing so protects the confidentiality of your personal information while in transit over the Internet. TuneCore has used and will continue to use commercially reasonable efforts to ensure the protection of your personal information.

In addition, TuneCore will restrict employee access to databases containing personal information and impose confidentiality requirements upon employees who need to know such information. Furthermore, any TuneCore employee with partial or total access to personal information must abide by the terms of this privacy policy.

Finally, you will be given complete discretion to create a user name and password that only you know. To further protect your information, you should consider changing your password often and only using a browser that supports SSL encryption.

Accuracy of your personal information:

TuneCore works hard to keep your personal information safe, accurate, complete and as current as possible. You can help us keep your personal information accurate by updating such information whenever appropriate.

Internet Protocol (“IP”) Addresses, cookies and other variables:

As is the case with many websites, the TuneCore website logs your IP address and uses standard technology called cookies, which are small data files that are downloaded onto your computer when you visit the TuneCore website. Cookies automatically identify your browser to the TuneCore website server whenever you interact with the TuneCore website. We use cookies and the information they provide to improve our services and the quality of your experience while visiting the TuneCore website.

You can set your browser to notify you when a cookie is enabled, allowing you the opportunity to reject or disable the cookie; however, it is possible that some portion or functions of the TuneCore website or its participating partners’ websites may not work as well or at all if you disable your cookies.

We may use third party service providers for the limited purpose to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on the TuneCore website. We may permit these service providers to use cookies and other technologies to perform these services for TuneCore.

Many websites gather certain non-personal information automatically and store it in log files, including things like your IP addresses, browser type, Internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. None of this information identifies you directly. TuneCore may also enable this technology for use in ways that are commonly accepted by industry practice.

Message boards, chat rooms and instant messaging:

In the event that TuneCore launches community-based services such as message boards, blogs, instant messaging and other similar services, you should be aware that any information you share is visible to other users. Please note that information that you submit to one of these forums can be read, collected or used by other individuals to send you unsolicited messages. TuneCore is not responsible for the personally identifiable information you choose to submit in these forums – you are solely responsible for any content that you post there, including, but not limited to, any personal information that you choose to reveal in these public forums. In using any of these services, you agree that you will not use them for any purpose that is unlawful or in violation of TuneCore’s Terms and Conditions. Please note that TuneCore may, in its sole discretion, monitor postings in these forums to assure that users are complying with the TuneCore Terms and Conditions.

Links to other websites:

It is possible that at some time TuneCore might link to other websites. If we do, and you choose to go to these other websites, please be aware that such websites may not be affiliated with TuneCore and are not subject to TuneCore’s Privacy Policy. We encourage you to carefully review such other websites’ respective privacy policies and ask questions directly of them in this regard.

Changes to TuneCore’s Privacy Policy:

As TuneCore grows, changes, and expands to suit your needs, we may need to modify, alter or otherwise update this privacy policy. When we make changes to this Privacy Policy we will notify you here, so we encourage you to review this Privacy Policy from time to time. We may also attempt to notify you of any such changes to our Privacy Policy via email or by placing a notice on our home page, but are not required to do so.

Acceptance of TuneCore’s Privacy Policy:

By using the TuneCore website, you consent to the collection, use and disclosure of your personal information by TuneCore in accordance with this Privacy Policy.

Questions about TuneCore’s Privacy Policy:

If you have any questions, concerns or thoughts about the privacy of your personal information while using the TuneCore website or this Privacy Policy, please feel free to contact us at our Contact Page.

FACEBOOK MONETIZATION AMENDMENT TO TUNECORE’S TERMS AND CONDITIONS

EFFECTIVE AS OF JULY 16th, 2018

Please read the following terms and conditions carefully, which amend the Terms of Service that you previously entered into with TuneCore, Inc. (“TuneCore”) with respect to your Recordings and Compositions, as such agreement has been supplemented, amended or otherwise modified. This is a legal agreement between you and TuneCore. TuneCore reserves the sole right at any time to modify, discontinue or terminate the Site and Services, or modify the Terms of Service without notice. All modified terms and/or conditions when posted on the Site shall supersede the prior agreement between you and TuneCore, and such revised Terms and Conditions shall constitute the entire agreement between you and TuneCore. By continuing to use or access the Site and/or Services after TuneCore makes any such modification, you agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of the Terms of Service without TuneCore’s express written consent. Capitalized terms used herein without definition have their respective meanings assigned in the Terms of Service.

YOU UNDERSTAND THAT BY USING THE SERVICES AND YOUR TUNECORE ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THIS AMENDMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. Grant of Rights.

a. By signing up for the Facebook Monetization service, you irrevocably grant to TuneCore, throughout the world (the “Territory”) and during the Term (as defined below), the sole and exclusive right but not the obligation:

i. To be the administrator on all Facebook properties (e.g., Facebook (including Facebook Live), Messenger, Instagram, Oculus, including respective players, pages,APIs and apps wholly owned by Facebook or its affiliates) of the Recordings submitted hereunder (the “Facebook Recordings”), including, but not limited to, the right to use, and to license for use, the Facebook Recordings in timed relation with videos (including live stream videos) and, in connection with such use, to reproduce the titles, names of featured artists and cover artwork associated with the Facebook Recordings.

ii. To prosecute, defend and settle claims regarding the exploitation of the Facebook Recordings on all Facebook properties

iii. To enter into agreements with, or assign or license any of TuneCore’s rights and/or delegate any of its obligations under this agreement to third party licensees on such terms as may be acceptable to TuneCore.

b. TuneCore reserves the right, in its sole discretion, to refuse to provide its services to you or any customer for any or no reason whatsoever, and shall be under no obligation to provide notification of such refusal. For the avoidance of doubt, Recordings must be actively distributed by TuneCore at the time of submission hereunder in order to be included as Facebook Recordings hereunder.

2. Term.

This Facebook Monetization Amendment to TuneCore’s Terms and Conditions shall apply at all times while you utilize (i.e., remain opt-ed into) the Facebook Monetization service (the “Term”).

3. Payments.

a. Eighty percent (80%) of Gross Receipts shall be credited to your TuneCore account. TuneCore shall be permitted to retain twenty percent (20%) of Gross Receipts.

b. “Gross Receipts” is defined in this agreement as a prorated (proportional) amount of all revenue derived directly and exclusively in connection with the exploitation of all recordings of TuneCore customers that have opted-in to the Facebook Monetization service (including the Facebook Recordings) on Facebook’s properties and collected by TuneCore from Facebook.

c. You shall receive your share of Gross Receipts, and such monies credited to your TuneCore account, in a timely fashion following TuneCore’s receipt of accounting and payment from Facebook. Once payment has been credited to your account, you will be able to withdraw all or a portion at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals. Any objection relating to any accounting statement or any legal claims arising therefrom must be made (and any lawsuit commenced) no later than one (1) year after the date the statement is initially sent to you, and you waive any longer statute of limitations that may be permitted by law. Notwithstanding the foregoing, and without limiting any other provision of the Terms of Service, TuneCore will have no obligation to pay any amounts, and is permitted to deduct or withhold any amounts owed, determined or reasonably suspected by TuneCore in its sole discretion to have resulted from fraudulent, misleading or false activities. TuneCore reserves the right to withhold or deduct payment, if applicable, pending TuneCore’s reasonable investigation of any of the foregoing or any breach of the Terms of Service by you.

d. The Gross Receipts in your TuneCore account may be held by TuneCore in an interest bearing account. TuneCore may, in its sole discretion, retain all interest earned on the Gross Receipts or pay to you all or a portion of such interest.

e. In the event that TuneCore has, in its good faith discretion, reason to suspect that any Facebook Recording submitted by you to TuneCore is not in compliance with the terms of Section 5 below, or if TuneCore is presented with a claim of infringement of copyright, trademark, right or publicity or other intellectual property right, or failure to comply with any third party license requirement or any other claim which, if true, would constitute your breach of, or non-compliance with, any of your representations, warranties and agreements hereunder, you agree that TuneCore may discontinue the posting of your share of Gross Receipts with respect to such Facebook Recording to your TuneCore account and block your ability to otherwise withdraw funds therefrom until satisfactory resolution of the matter is obtained. Furthermore, you agree that you will forfeit such revenues if TuneCore determines that they are the result of infringement or fraud.

f. If TuneCore, in its reasonable discretion, determines that any infringing or fraudulent activities may have been caused by your or your affiliates’ acts or omissions, any costs incurred by TuneCore (including legal fees and expenses) in connection therewith may, in addition to other remedies, be deducted by TuneCore from any monies otherwise payable to you by TuneCore.

4. Third Party Obligations

You shall be solely responsible for securing and paying (a) all fees and/or royalties due to performers, producers and other persons who contributed to the production of the Facebook Recordings or to whom you are otherwise obligated to pay a portion of the income from any of the Facebook Recordings and (b) all payments that may be required under collective bargaining agreements or pursuant to any statutory schemes. You warrant and represent that all third parties to whom you are obligated to pay a portion of the income from the Facebook Recordings shall look solely to you for any such payments and you hereby agree to indemnify TuneCore and hold TuneCore harmless from any and all claims, demands or actions by any such third parties for any such payments in accordance with the indemnification provisions of the Terms of Service.

5. Warranties and Representations.

You warrant and represent that you are at least eighteen (18) years of age and that all of the Facebook Recordings are one hundred percent (100%) exclusively owned or controlled by you throughout the world and the use thereof as described or contemplated herein shall not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity; and that TuneCore shall have the right to exploit the same in any manner hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity other than the amounts payable to you hereunder. For the avoidance of doubt, Facebook Recordings incorporating the following types of content are not eligible for inclusion in Facebook Monetization (each, an “Ineligible Recording”): (i) content licensed non-exclusively from a third party; (ii) content released under Creative Commons or similar free/open licenses; (iii) public domain recordings; (iv) clips or samples from other sources (including clips used under fair use principles); (v) karaoke recordings, instrumental cover versions, remasters and sound-alike recordings; and (vi) sound effects, soundbeds or production loops. The submission of Ineligible Recordings for use in connection with Facebook Monetization may result in TuneCore disabling your access to Facebook Monetization or terminating your TuneCore account.

6. Covenant not to Sue and Release.

By signing up for the Facebook Monetization service, you (i) agree that you shall not, directly or through an agent or third party, sue Facebook or its affiliates, or its or their respective directors, officers or employees during or after the Term, in respect of the use of the Facebook Recordings, artwork and/or any other content owned or controlled by you, on any Facebook property during the period commencing on July 4, 2018 and ending twenty-seven (27) months thereafter (including the use of such Facebook Recordings by users of Facebook’s properties), and (ii) irrevocably and unconditionally release, acquit and forever discharge Facebook and all Facebook entities from any and all liability, claims, actions, suits, and demands whatsoever throughout the world, whether known or unknown, arising out of, or related to, any and all actual or alleged acts of copyright infringement or infringement of your rights by any Facebook entity or by any Facebook user, at any time prior to July 4, 2018, related to or in connection with user videos uploaded to, hosted on or streamed via any Facebook property.