PLEASE READ THIS ARTIST AGREEMENT ("AGREEMENT" OR "ARTIST AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY PENCL LABS, INC. ("PENCL LABS" OR "WE"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.FOURFOUR.COM (THE "SITE") AND THE SERVICE OWNED AND OPERATED BY PENCL LABS (COLLECTIVELY WITH THE SITE, THE "SERVICE"). BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.
FourFour is an online service for musical artists, as well as bona fide independent record labels and major record labels on behalf of musical artists. Each artist or record company is hereinafter referred to individually as an "Artist" and collectively as "Artists". Unless explicitly stated otherwise, any current, updated and new features and products included in the Service, including the addition of new properties, shall be subject to this Artist Agreement, as well as Pencl Labs' Terms of Service ("Terms of Service") and Privacy Policy ("Privacy Policy"), incorporated herein by reference. Pencl Labs reserves the right to amend this Artist Agreement at any time. Any violation of this Artist Agreement, the Terms of Service or Privacy Policy may result in suspension or termination of your right to access and use the Service.
FourFour accounts ("Accounts") are for use by Artists and their representatives. Accounts setup for any other type of organization, promotion or purpose may be deleted. FourFour verifies all Accounts electronically. Once your Account is verified, you may create your own Artist-specific website on FourFour ("Band Website").
In connection with certain features of the Service, you may collect certain types of Fan Information. As a condition to receiving such Fan Information, you acknowledge and agree that you will not disclose, rent, or sell any Fan Information to any third party, and you will use the Fan Information only in connection with your website or mailing list, in order to provide fans with general information and news about yourself or your band, such as upcoming shows, new music and new merchandise. You further agree that any email sent to your mailing list will include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so.
The Service provides you with the ability to upload your music ("Music") to the Service. Pencl Labs will not have any ownership rights in your Music, however, Pencl Labs needs the following license to perform the Service. You hereby grant to Pencl Labs the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit ("Host") the Music, along with all associated copyrightable works or metadata, including without limitation song lyrics, album cover artwork, photographs, graphics, and descriptive text ("Artworks") in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute and otherwise use the Music and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your band or group, in connection with the provision of the Service.
To enable Pencl Labs to Host your Music pursuant to the above provisions, you hereby grant to Pencl Labs the worldwide, non-exclusive, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the Service.
By uploading any Music or Artworks to the Site:
Furthermore, you acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Artist, and not Pencl Labs, shall be entirely responsible for all Content that it uploads, posts, emails or otherwise transmits via the Service. By posting Content on FourFour (including, without limitation, news, press, links, blog postings, artwork, photographs, videos, biographies, merchandise, and tour dates) you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the privacy rights, publicity rights, copyright rights or other intellectual property rights of any third party. You agree to pay for all royalties and fees owing to any person by reason of any Content you post on FourFour. With respect to any Content posted by or in connection with the Service, you hereby grant Pencl Labs a world-wide, royalty free, irrevocable, perpetual license, alone or together or as part of other information, Content and/or material of any kind or nature, to use, copy, modify, publish, edit, translate, transmit, publicly display, publicly perform, and otherwise exploit such Content (specifically including through streaming, podcasting, online/broadcast and satellite radio, suggested playlists and User playlists), to publish and promote such Content in connection with the Service, to publish and promote such Content elsewhere within FourFour or any other Pencl Labs website through links to FourFour, all without any obligation to you, whether by way of compensation, attribution or otherwise. Such license shall apply with respect to any form, media, or technology now known or hereafter developed.
Band Websites may contain links that enable Users to purchase Artist-related goods or services, including, without limitation, merchandise, albums and concert tickets. By creating such links on your Band Website, you agree to abide by the terms of the transaction and promptly fulfill all such orders. In addition, you acknowledge that you are entering into a direct transaction with the User, and that Pencl Labs is not party to the transaction. In no event shall you create a link to a third-party website selling illegal items or items otherwise prohibited under the Terms of Service. Pencl Labs reserves the right to delete any links to offensive or illegal materials.
By registering for and maintaining an Account, you grant to Pencl Labs a non-exclusive license to use throughout the universe the professional name of Artist, likenesses posted on the Band Website, other identifications, and biographical material posted on the Band Website concerning Artist (collectively the "Artist Materials") solely in connection with the advertising and promotion of FourFour and Pencl Labs, or to refrain therefrom.
You hereby acknowledge receipt and acceptance of Pencl Labs' Privacy Policy, including our provision for PRIVACY OF CHILDREN. If you have not yet read the Privacy Policy, please do so now.
Artist conduct on FourFour is governed by this Artist Agreement, the Terms of Service and Privacy Policy. You acknowledge and agree that Pencl Labs and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Service at any time, for any reason, or for no reason at all, with or without notice. Without limitation, Pencl Labs and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms of Service or is otherwise objectionable as determined by Pencl Labs, in its sole discretion. Illegal and/or unauthorized uses of FourFour, including, without limitation, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to FourFour will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Questions about the Artist Agreement should be sent to [support at fourfour dot com].
Pencl Labs, Inc., 775 E Blithedale Ave., # 377, Mill Valley, CA 94941
Effective Date: December 30, 2008