Demo Evaluation Terms of Use Synopsis:
- You state that you are the legal owner of all material submitted for evaluation and/or review
- It is agreed and understood that you shall remain the sole owner of all material submitted for review and you shall continue to own 100% of all rights to your music. Metro Media Group, Inc. is strictly acting in a “Work for Hire” capacity, as a result of a request made by you for us to evaluate your submission(s).
- You state that you have back-up copies of all materials that you are submitting to us for evaluation/review. Due to limited space, it is Metro Media Group, Inc.’s policy to delete and/or destroy all submissions from our data base immediately following the completion of the evaluation process of your submission. Thus, do not expect Metro Media Group, Inc. to keep any copy of your submission for any reason.
-You understand that Metro Media Group, Inc. provides this evaluation service with the utmost of professionalism in mind, with many years in the entertainment business and that it will make every effort to maintain the highest level of integrity and confidentiality regarding your submission. Further, it is understood that Metro Media Group, Inc. makes no guarantees of any kind as to its final evaluation of your submission and makes no guarantees as to any potential benefits, professional and/or financial, that you may receive as a result of the information contained in our evaluation of your submission.
Please continue to read this agreement further for a more thorough explanation of all of the terms and conditions related to this service.
To be eligible for our evaluation, your submission must meet all of the following requirements:
This Agreement sets forth a legal relationship between you and Metro Media Group, Inc in regards to the following:
1. How the Submission and Evaluation process works: You are submitting to Metro Media Group, Inc. your submission as a request for our services in terms of providing our personal opinion of your music. Any opinions, advice, comments, suggestions, statements and/or reviews are provided to you for information purposes only. We reserve the right to refuse and/or decline to accept any submission at anytime for any reason.
2. Metro Media Group, Inc. shall not offer for sale or otherwise distribute your submission in any way for financial gain, unless you expressly authorize and submit it for such reasons through our online store or some other place on our company owned websites.
3. Ownership of Your Submission. It is clear and understood that Metro Media Group, Inc, that you shall have no ownership of any kind as a result your submission for evaluation and that 100% of all of the rights to each song you submit shall remain with the songwriter. This demo evaluation process is strictly a “work for hire” made by you for us to listen to and offer our opinion of your music.
4. What happens to your submission after we evaluate/review it. DO NOT SEND US YOUR ONLY COPY OF ANYTHING! Due to the high volume of submissions we receive, it is Metro Media Group, Inc.’s policy to delete and/or destroy all submissions from our data base immediately following the completion of the evaluation process of your submission. Thus, do not expect Metro Media Group, Inc. to keep any copy of your submission for any reason.
Also, Metro Media Group, Inc. will not be able to return to you any submissions presented to us for evaluation. You agree and understand that you must have, and always keep in your possession, at least one copy of each submission you present to us for evaluation and that you do hereby release us from any and all liability for loss or other damages to any of your submissions.
5. Your song submission must be made in the form of mp3 only.
6. Your original song may not be all that “original”. You acknowledge and understand that millions of people are creating music all over the world every second of the day. You further acknowledge and understand that we receive thousands of songs from all over the world everyday from composers just like you and have had, and will continue to receive, compositions that sound similar in melody, song structure, etc. That said, you hereby agree that Metro Media Group, Inc. is not liable as a result of any similarities that may exist between your submission and other submissions that we have already received or may receive in the future. You also agree that you shall not be entitled to any compensation for any reason because of such similar or identical songs or compositions that may be submitted to us and you further agree to waive and release us from any and all claims, liabilities, damages, costs and expenses that you may allege against us and/or our subsidiaries, affiliates, etc. because of any possible similarity of compositions that may also have been sent to us for evaluation. Metro Media Group, Inc. takes great pride in being a highly reputable corporation and it agrees to makes every attempt to maintain the confidentiality and integrity of its clients regarding their ideas and submission. However, for your own protection, you are hereby advised to only submit songs and compositions for evaluation and/or review that are copyrighted with the Library of Congress in Washington, DC., or that have been legally protected in some similar way.
7. Expectations following evaluation/review of your submission. You also acknowledge and agree that your are making your submission for “Information Purposes Only” and agree that any comments and/or statements made by Metro Media Group, Inc regarding your submission is strictly the opinion of Metro Media Group, Inc. and that we do not make any guarantee that you will reap any specific benefit or attain any particular level of success as a result of our evaluation. Our evaluations are for informational purposes only and we regard your evaluation request as a “work for hire” request. Thus, we accept no liability and make no warranty for any of the information that is in our overall review and evaluation of your submission and make no guarantees as to any potential benefits, professional and/or financial, that you may receive as a result of the information contained in our evaluation of your submission.
8. You declare that: You own or have the necessary and legal rights, licenses, consents, and/or permissions and authorizations to present your submission to us to evaluate and review. You also state that you clearly understand all of the information contained in this agreement and that you are under complete rights to enter into and fully execute this agreement and that no part of your submission infringes upon the rights of any third party.
9. Indemnification. You agree to indemnify and hold Metro Media Group, Inc. and holdings, successors, assigns, agents, managers, affiliates and licensees harmless against any claim, liability, cost and/or expense (including reasonable attorneys’ fees and legal costs) in connection with any claim that may occur as a result of your submission.
10. Right to Assign. We shall have the right, at our election, to assign any of our rights or obligations hereunder, in whole or in part, to any successors, assigns, parents, affiliates, subsidiaries or other related entities and, to the extent of such assignment, we shall thereafter be relieved of our obligations hereunder.
11. Notices. Unless otherwise provided herein, all notices to be given by either party hereunder shall be in writing and shall be delivered by hand or by United States certified mail, postage prepaid, return receipt requested, to the address of each party as provided.
12. Legal Counsel. You acknowledge that you have read and understand this agreement and that you have had sufficient time and reasonable opportunity to consult with independent legal counsel prior to the execution of this agreement, or that you have waived your option to seek such legal consultation and that this agreement is executed voluntarily and without duress or any undue influence on the part of any other person, firm or entity.
13. Modification & Termination. We reserve the right, in our sole discretion, to change, modify, add or remove all or part of this agreement. Notice of any amendments and/or modifications shall be sent to you by email prior to their effective date. In the event that you do not consent to any such amendments and/or modifications, then you shall have the right to cancel your account, pursuant to the applicable policies, if any. We shall have the right to terminate this agreement (and cancel your account) for any reason, including, without limitation, your failure to fulfill any of the requirements of this agreement.
14. Miscellaneous. Nothing herein contained shall constitute a partnership or a joint venture between you and us and neither party shall hold itself out contrary to the terms of this paragraph. This agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan applicable to agreements entered into and wholly performed in said State without regard to any conflict of laws principles.
15. You must read this agreement carefully and, where indicated, click on the "Submit" button if you agree with the terms and conditions of this agreement. If you do not agree then simply exit out of this page without clicking on the “Submit” button.
16. As a result of your submission, you state that you are at least 13 years of age. You also state that you are at least eighteen (18) years of age, or that you are making this submission in the presence of and with the consent of a legal parent or guardian, and that you are fully able/or authorized to enter into the terms and conditions set forth in this Agreement.