Submission of Music Compositions and Sound Recordings
Web Site Terms of Use
By submitting musical compositions and sound recordings (the "works") to Éclat Entertainment (hereinafter referred to as "Company"), Artist grants to Company the irrevocable, non-exclusive right to use, broadcast, webcast, or engage in any other use of the works (including the right of first use, if applicable) excluding the download of submissions, in whole or in part, for any purpose, commercial or otherwise, in any media now known or hereafter created, throughout the universe, on a royalty-free basis without any monetary compensation due to Artist. Artist expressly agrees that the potential exposure for Artist, among other things, constitutes good and valuable consideration for this agreement.
Artist hereby warrants, represents, and agrees that Artist (a) has the full right and ability to submit the works to Company for Company's use, and Artist is not under any disability, restriction or prohibition with respect to the grant of rights herein; (b) the works submitted are owned or controlled entirely by Artist, and submission of the works by Artist to Company and/or Company's use of the works will not infringe upon or violate any common law or statutory right of any person, firm, or corporation, including, without limitation, contractual rights, copyrights, trademark rights, and rights of privacy, and will not constitute libel or slander; and (c) during the duration of Company's use of the works, Artist shall not enter into any agreement or make any commitment which would interfere with Company's use of the works as contemplated herein.
Artist agrees to indemnify and hold harmless the Company of and from any and all liability, costs, damages, losses, and expenses arising out of or connected with any claim, demand, or action by a third party (including, without limitation, attorney fees and legal costs) which is inconsistent with any of the warranties, representations, or covenants made by such Artist herein.