Thank you for being part of the Ballroom Marfa Sound Collage project for our upcoming exhibition Kite Symphony with artists Roberto Carlos Lange and Kristi Sword. Just so you and we are clear on how we can use the recording and content you submit, below are some legal terms that clarify things.
By providing your recording and content and confirming your agreement by email (or otherwise) to these terms, you are confirming you have read, understood, and agree to be bound by these terms.
These terms and conditions (the “Agreement”) are between BALLROOM MARFA CULTURAL ARTS FOUNDATION a 501-c3 registered at 108 E San Antonio St (“Ballroom Marfa”, “us”, “our”, “we”) and you.
Content: means the photograph, social media links, location, and data submitted with the Recording
Recording: means the submitted sound recording and all and any rights contained therein
Territory: means the world and universe
A. In consideration for the benefits to you associated with the Recording being used by Ballroom Marfa (the receipt and adequacy of which you hereby acknowledge) you hereby irrevocably and unconditionally:
- grant to BALLROOM MARFA a non-exclusive, worldwide, license to use the Recording in perpetuity in any and all media including but not limited to using/streaming it on the BALLROOM MARFA Website, Bandcamp, SoundCloud, Vimeo and in the physical BALLROOM MARFA gallery;
- grant to BALLROOM MARFA the right to use the Content for all purposes in connection with the use and promotion of the Recording on the Website, and all and any social media platforms;
- warrant that you have the right to enter into this Agreement and to grant the rights herein expressed to be granted, free from any encumbrances and third party rights and are exclusively entitled to give all assurances, confirmations, waivers and agreements herein to enable BALLROOM MARFA to exploit the Recording and Content accordingly without BALLROOM MARFA making any payment to you or any third party (save in respect of any fees due to any performing rights societies for public performance of the Recordings);
- acknowledge and agree that save in respect of fees due to any performing rights societies for public performance of the Recordings, you will receive no payment, nor be entitled to any future payment for the grant of the rights hereunder;
- agree and acknowledge that BALLROOM MARFA shall be under no obligation to make any use of the Recording and/or Content and shall not be liable to you in the event that the Recording is not used;
- agree that BALLROOM MARFA shall be entitled to edit, copy, add to, take from, adapt, alter and modify the Recording at its sole discretion;
- agree and acknowledge that, in the event BALLROOM MARFA choose to use the Recording (at BALLROOM MARFA’s sole and absolute discretion) BALLROOM MARFA shall provide you a credit in accordance with the details provided by you (“Credit”);
- acknowledge and agree that BALLROOM MARFA will need to store, process and/or handle your personal data in order to perform its obligations under this Agreement, for example to enable it to use the Recording in accordance with this Agreement;
- waive in perpetuity all moral rights that you may have in respect of the use made of the Recording by BALLROOM MARFA under this Agreement whether arising under the Copyright, Designs and Patents Act 1988 or similar rights arising under the laws of any other jurisdiction;
- do all further acts and execute all further documents as may be required to further assure to BALLROOM MARFA the rights herein expressed to be granted to BALLROOM MARFA;
- hereby indemnify BALLROOM MARFA and agree to hold BALLROOM MARFA harmless from and against any loss, damage, costs (including legal costs) arising from your breach of any of the representations, warranties, conditions, agreements or other obligations contained in this Agreement;
- agree that this Agreement constitutes the entire agreement between the parties in respect of the subject matter hereof.
B. If any of the provisions of this Agreement were to be held to be invalid or unenforceable or void, but would be upheld if modified or varied, then such provisions shall apply subject to such modification or variation as the case may be.
C. Should BALLROOM MARFA require that the rights granted hereunder be licensed, assigned or transferred to a third party then it will seek your permission first.