WHAT’S NEXT RADIO TERMS AND CONDITIONS/GRANT OF LICENSE
Although every artist should carefully read and understand the terms and conditions below, we also want to make clear the following basic principles that guide both our business and the Agreement below:
1. We do not own your music. You do grant us certain limited rights to use your music, but you retain ownership and are not restricted in any way in what you do with your own music.
2. Except as expressly permitted by this Agreement, we will not use or distribute your music on any other sites, other than from or in connection with WhatsNextRadio.com.
3. We will not ever charge a license fee for the distribution of your music without your permission. While we may utilize advertising on WhatsNextRadio.com, or charge for certain types of access to the site, we will never “sell” or charge a license fee for any of your work without your express permission.
4. You may terminate most of the rights that are granted to us. There are a few exceptions to this general rule (please see the terms and conditions below), but in general you may revoke most of the rights granted to us by sending a written request to BeHeard@WhatsNextRadio.com to remove your song or songs from the What’s Next Radio website and/or station.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE
ACCEPTANCE OF TERMS
Except with regard to the section entitled “Materials Uploaded by Artists,” Moodswingz Music may revise these Terms at any time by updating this page and such revisions will be effective upon posting to this page, provided that in the event that we make changes to this Agreement, we will endeavor to notify users of the fact that changes have been made by posting a message on the front page of WhatsNextRadio.com. Please check this page periodically for any changes. Your continued use of the What’s Next Radio website following the posting of any revisions to these Terms will mean that you accept those changes. Changes to the terms and conditions contained in the section entitled “Materials Uploaded by Artists” may be modified with your assent, whether in writing or by electronic means.
Information Collection and Use
Moodswingz Music is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways that vary from what is disclosed in this statement. Moodswingz Music collects information from our users at several different points on our web site.
Your e-mail address may be used to contact you for several reasons: (1) to send you information you have requested through WhatsNextRadio.com, including but not limited to notifications of new song uploads, radio or podcast features, and other content alerts (2) to send you information relating to your music on What’s Next Radio, (3) to send you information of a general nature relating to WhatsNextRadio.com or the What’s Next Radio network, such as newsletters, announcements, or similar content. We do not share your e-mail address with other users or any third parties.
DIGITAL MILLENNIUM COPYRIGHT NOTICE
We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others.
If you believe that your work has been copied and is accessible at our website in a way that constitutes copyright infringement, or that our website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. 512.
Our agent for notice of claims of copyright infringement on or regarding this web site can be reached as follows:
BY E-MAIL: BeHeard@WhatsNextRadio.com
Repeat infringers will have their music removed from the site and station.
MATERIALS UPLOADED BY ARTISTS
What’s Next Radio is a community of independent artists and music lovers. An important part of our vision includes the open sharing of original musical compositions with listeners of What’s Next Radio and WhatsNextRadio.com. We want to share your works with the world in fun and interesting ways, and in order to do so, we need you to grant us certain legal rights. Those rights are described below.
BY POSTING, SUBMITTING, LINKING, UPLOADING OR OTHERWISE SENDING ANY MATERIALS INCLUDING BUT NOT LIMITED TO IMAGES, AUDIO FILES, VIDEO FILES, TEXT FILES, AND ALL WORKS OF AUTHORSHIP (“CONTRIBUTIONS”) TO US OR TO THE WHAT’S NEXT RADIO WEB SITE, YOU WARRANT THAT YOU OWN ALL NECESSARY RIGHTS (OR WARRANT THAT THE OWNER OF SUCH RIGHTS HAS EXPRESSLY GRANTED SUCH RIGHTS TO YOU OR TO MOODSWINGZ MUSIC) TO POST, SUBMIT, LINK, UPLOAD, OR OTHERWISE SEND TO US ANY SUCH MATERIAL, AND TO GRANT TO US THE RIGHTS DESCRIBED IN THIS AGREEMENT. YOU ALSO GRANT TO MOODSWINGZ MUSIC THE FOLLOWING LICENSES TO ANY CONTRIBUTIONS UPLOADED OR SUBMITTED TO ANY MOODSWINGZ MUSIC SITE:
1. While we do not own your music and you retain unrestricted use and ownership of your music, we need to have certain limited rights to use your music for the proper functioning of the services Moodswingz Music and What’s Next Radio offer to artists and the listening public, therefore, by submitting any audio or visual works, including accompanying artwork, lyrics, or other related items (collectively “Songs”) on or to WhatsNextRadio.com, you hereby grant to us A LIMITED, NON- EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, FULLY PAID UP LICENSE TO USE, COPY, PUBLISH, DISPLAY, BROADCAST, DISTRIBUTE, AND MODIFY (ONLY FOR THE LIMITED PURPOSES BELOW) SUCH SONGS ON, FROM, OR THROUGH THE WHAT’S NEXT RADIO SITE OR ANY OTHER MOODSWINGZ MUSIC SITE. Because the nature of copyright law in the digital arena is not settled, without limiting the foregoing and to avoid any doubt, you agree that the above license grant shall authorize us to:
- Convert Songs using different codecs or bit rates, as reasonably necessary to optimize the services we provide on What’s Next Radio or the WhatsNextRadio.com site.
- Modify ID3 tags or similar information in Songs so that we may include information about the artist, title, genre, and other pertinent information.
- Make your Songs available for download via the What’s Next Radio Top 10 Show and/or playing to users of WhatsNextRadio.com or What’s Next Radio, under the terms of the Attribution-NoDerivatives 4.0 International (CC BY-ND 4.0) Creative Commons license.
- Make your Songs available for streaming and listening through “radio” or “player” or “playlist” features of the WhatsNextRadio.com or the What’s Next Radio station.
- Make your Songs available through an embedded “radio,” “player,” “playlist,” “applet,” “widget” or application that can be viewed and accessed from WhatsNextRadio.com, third party websites or as a standalone applet, widget, or application, however all song data may be streamed only from What’s Next Radio or another Moodswingz Music site and all other restrictions on the use of Songs under this Agreement shall apply.
- Include your Songs in Podcasts, which shall be defined as audio recording containing more than one Song and including “intro,” “outro,” and/or “filler” material, similar to a radio broadcast. For any Song we include in a Podcast, you authorize us to (i) make modifications to Songs, such as adjusting EQ settings and making similar technical adjustments to improve the audio quality of Songs; (ii) distribute and broadcast the Podcast from WhatsNextRadio.com and the What’s Next Radio station, and to submit the Podcast for inclusion in Podcast tracking and indexing services such as, but not limited to, the iTunes podcast service.
With respect to any Song that is included in a Podcast while the license above is in effect, any termination of our rights above, as they pertain to our ability to distribute such Podcast must be submitted to us in writing, with 30 days prior notice, so that we may have a reasonable time to take down the applicable Podcast.