4fame.com Fanatic User Agreement

4fame.com Fanatic Agreement (the "Agreement"), between you and 4fame (along with our licensees and assignees collectively referred to in this Agreement as "us," "we," and "4fame"). This Agreement contains the general terms and conditions under which 4Fame offers the "Services" (as defined below). If you choose to utilize the Fanatic Music Store Service, any subsequent addenda will apply as applicable.

THIS AGREEMENT, WHEN ACCEPTED BY YOU AFTER CLICK “I AGREE,” WILL CREATE A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND US, WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS THE AUTHORIZED REPRESENTATIVE FOR AN ARTIST, BAND, GROUP OR CORPORATION, IN WHICH CASE “YOU” SHALL REFER TO THE ARTIST, BAND, GROUP OR CORPORATION ON WHOSE BEHALF YOU ARE ACTING AND AUTHORIZED TO ACT. THEREFORE, PLEASE READ THIS AGREEMENT CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS BEFORE CLICKING “I AGREE.” THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE “I AGREE” BUTTON BELOW.

Modification of Agreement

4fame.com reserves the right to change or amend, modify, add to, or remove all or part of this Agreement, in our sole discretion, at any time and from time to time. Notice of any material change will be posted at the bottom of this agreement, in order by date when the modification took place. You are responsibly for checking for any modifications of this agreement independently and have access to view this agreement in your Digital Fanatic Music Store Settings menu.

By clicking “I agree,” any 4fame user allows 4fame.com to use their content and profile in marketing and promotion without compensation. 4fame does reserve the right to remove any content that we feel is unsuitable for the 4fame website without giving prior notice or explanation.

4fame does not own any of the uploaded user-content; therefore 4fame is not responsible for any legal ramifications associated with uploaded user content. 4fame is a voluntary website and any person or persons can join the 4fame network. Users are solely responsible for the content they upload to the 4fame website. Note, that you, the user, are required to maintain a valid email address on your 4fame account at all times.

Terminology

 “Music Artist” represents any 4fame.com Artist user account, including music artists, music groups or bands, musicians, producers and DJ’s. “Fanatic” represents you; also referred to as the “fan,” which are user accounts registered on 4fame.com for entertainment purposes as well as the opportunity to activate a Fanatic Music Store and re-sell any Music Artist content on 4fame.com, which they make available by opting-in to the Fanatic Music Store program.

Background

Music Artists have the option to activate a Digital Music Store on their profiles, sell their own music and opt-in to this Fanatic Music Store program provided to you, which allows you, the Fanatic, to select their content from a store on your own 4fame profile.

Music Artists set the price of the music item for sale and fans are not able to edit or change that price for any reason. Music is sold in whole dollar values (U.S dollars) and Music Artists can edit, change, add or delete content or price without prior notice to you or 4fame.com

Section 1: Fanatic Music Store & Compensation % (Splits) & Fees

4fame.com allows the option for fans (Fanatic users) to sell music created by a music artist (users) on the website.

The Fanatic (user) has no legal rights to the music, therefore the fan cannot claim any rights ownership of music they are selling on behalf of a music artist. Fans do have rights of monetary compensation of 30% of any music they sell through their own 4fame.com profile page.

Any monetary disputes between music artists or music groups and fans are solely the responsibility of the parties involved to resolve. 4fame bares no responsibility in any monetary disputes between music artists and fans.

4fame.com will ultimately recognize the rights of the person or persons who own the uploaded content.

Fanatics have the option of selling up to 4 music artists in their 4fame store at one time. Fanatics will get 30% of any music sold through their fanatic profile page only. Music artists have final decision and authority on whether or not to allow fans to sell their music. If music artist decides to opt-out of having fans sell their music (Fanatic Music Store program), they can do so with out any prior notice or explanation.

Fanatics may also stop selling music artist’s songs within their Fanatic Music Store at any time without prior notice or explanation.

4fame.com has the right to change compensation percentage (splits) at anytime without prior notice or explanation. Fans cannot enter into any contractual agreements on behalf of a music artist unless the music artists give consent by opting-in to the Fanatic Music Store in their own account.

Fanatics understand that they are "at will" sellers of music. Being an "at will" seller means they have no contractual obligation to any music artists, nor are they contractually obligated to 4fame.com. Music artists as well as fans may sever ties with 4fame.com at any time without any repercussions.

Music artists may opt-in to a program to have their fans (known on 4fame.com come as “Fanatics”) sell their music. If artists opt-in to having fans sell their music (by checking the box “I agree” to activate my music for Fanatic Music Store Sales) they agree to a 50/30/20 split: the artist would take 50% of the sale, while the fanatic account would take 30% of the sale and 4fame would take 20% of the sale.

As the Fanatic, you also music agree to activate a Fanatic Music Store on your own profile, by clicking “I agree” in your Fanatic Music Store settings menu, and selecting 4 Music Artists (their content available for sale) to begin selling.

In order for the Fanatic to receive credit for the sale and for the 50/30/20 split to commence, the purchaser music select the “Buy Now” purchase link via the Fanatic user account profile page. Any sales made directly through the artist profile page continue at the 80/20, artist/4fame, split as mentioned above in the “Digital Music Store” section.

Compensation % Splits Fees (detailed)

As the Fanatic, you receive 30% of every transaction in their Digital Music Store and 4fame.com (Artist receives 50% and 4fame receives 20% of that transaction on the 4fame website). Transaction fees are deducted at point of sale through PayPal.com, by PayPal.com’s digital goods fee schedule. Your transaction fee is calculated based on the dollar value you received on a per item basis. An active Paypal.com account (with email username) in good standing is required at all times by the Music Artist (user) for participation in the Digital Music Store services provided in this Agreement.  Please refer to the Paypal.com website for details regarding the pricing schedule for digital good sales and regular sales as well as any required fees assessed by Paypal.com Website: (https://www.paypal.com/us/webapps/mpp/digital-goods)

Note that NO discrepancies, refunds or exchanges of funds of any kind will take place if the purchaser chooses to purchase directly from the artist profile versus the fanatic profile. 4fame is not responsible for sales purchased on one profile versus another. It is the Artist (user) or Fanatic (user) responsibility to have the purchaser navigate to the correct page to buy music through their store.

If the artist opts out of the opportunity to have their fans sell their music at the 50/30/20 split, they music is no longer available to sell in your Fanatic Music Store and you are required to select an available Artist to replace any Artist that leaves the Fanatic Music Store program, leaving a vacancy in your profile’s store.

To opt-out of the Fanatic Music Store program, simply either do NOT click “I agree” or check the box labeled Fanatic Music Store box in your menu settings or to opt-out after already opting in, simply UN-check the box and re-save the configurations. If the box for the Fanatic Music Store is Un-Checked, a music artists and their music will be removed from your profile page and all sales will cease.

Section 2: Music and Profile Content (informational disclosure)

Music artists own the content they upload to the 4fame website, so any uploaded content by any music artist or music group can be removed or changed at anytime without notice. Each Artist user account has the ability to completely add, edit or delete content at any time without notice

The 4fame Digital Music Store (Artist users) and Fanatic Music Store programs are voluntary and users can opt-in to selling their music or opt-out of selling their music at anytime without giving notice or explanation to any members of 4fame.com.

Any music artist that uploads music to 4fame.com, certifies that they are the legal owners of the music uploaded (all components, including features, samples, clips and any other components added to their music content) and reserve all rights to the music.  Any legal conflicts involving music uploaded to the 4fame website will solely be between the person or persons that uploaded the music. 4fame.com is not responsible for any third-party conflict or legal conflict that may arise between the music artists.

4fame.com takes no legal responsibility for the music that is uploaded the 4fame website. 4fame.com does not pay for play; all music that is uploaded to 4fame.com is uploaded voluntarily. Music artists should not expect any compensation for any music being played on the 4fame website.

Section 3: Refunds

All sales are final and NO exchanges of funds between Music Artist, 4fame.com or Fanatic user accounts may take place. All music sales through either the Artist Music Store or Fanatic Music Store are final and non-refundable. If for any reason the purchaser is unable to download the song on their computer or device at the time of purchase, the purchaser also receives an email confirming their purchase, with a link containing the music in MP3 format.

Section 4: Sales Reports

Basic reports for Digital Music Store services are provided to you at no cost in your “Fanatic Music Store Sales Reports” menu. These reports are for your information only and shall not be used for legal or tax purposes.  You hereby waive your right to use any of these records or reports for any legal disputes.  It is your sole responsibility, or that of your agent to report any income to the IRS and pay the applicable taxes.  You are not an employee of 4Fame, and 4Fame neither collects any Social Security/Tax Identification information nor reports your earnings to the IRS. At any time, if you opt-out of the Fanatic Music Store program, your reports will stop and upon opting back in, your reporting starts over at zero. To maintain report records tallied, you must keep your music store open and active.

Section 5: Right of Removal

4fame reserves the right, in its sole and absolute discretion, to remove any of Your Content from the Website if such content: (i)is patently offensive, pornographic or defamatory; (ii)is the subject of a dispute between you or us and a third party; (iii)is content to which you cannot document your rights therein upon 4fame’s request; (iv)violates the intellectual property rights or other protected interests of a third party; (v)is the subject of a takedown notice by a party claiming to own the rights therein, or (vi)is the subject of any fraudulent activity, or for any other reason in 4fame’s sole and absolute judgment is necessary to protect the business interests of 4Fame and any of its business partners or Licensees. 4fame may also remove Your Content from the Website if you are abusive or rude or provide false or intentionally misleading information to any 4fame employees or agents. 4fame shall have no liability to you for the removal of any of Your Content from the Website or any Licensee website or service other than to provide you a credit (but not a refund) for any fees previously paid by you for making Your Content available via the Website or through Licensees. The removal of any of Your Content shall not relieve 4fame of the obligation to pay you any royalties that may have accrued prior to the removal of Your Content.

Section 6: Disclosure of Information

You acknowledge, consent, and agree that 4fame may access, preserve, and disclose your Account information and Your Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to a claim that any of Your Content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, business interests, property or personal safety of 4fame and its employees and users, and the public.

Section 7: Prohibited Use of the Website and Licensee Websites and Services

(a) You agree not to use the Website, the Services, and any services provided by Licensees, for any unlawful purpose or in any way that might harm, damage, or disparage 4fame, its Licensees or any other party. Without limiting the preceding sentence and by way of example and not limitation, you agree that you will not, whether through the Website, our Licensees or Your Content, do or attempt any of the following:

(b) Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Website or any other part thereof, except and solely to the extent permitted by this Agreement, the features of the Website or by law, or otherwise attempt to use or access any portion of the Website other than as intended;

(c) Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Website, use of the Website, access to the Website or content obtained through the Website, as a result of your being granted permission to upload Your Content to the Website;

(d) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any part of the Website or features that enforce limitations on the use of the Website;

(e) Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of third parties;

(f) Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;

(g) Create a false identity or impersonate another for the purpose of misleading others as to your identify, including, but not limited to, providing misleading information to any feedback system employed by 4fame;

(h) Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful, damaging or deleterious software programs;

(i) Interfere with or disrupt the Website, networks or servers connected to the Website or violate the regulations, policies or procedures of such networks or servers;

(j) Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in Your Content; or

(k) Use the Website in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

Section 8: Availability of Services

4fame may make changes to or discontinue any aspects of the Services and any of the features, media, content, products, software or services available via the Website, at any time and without notice and without liability to you. The features, media, content, products, software or services available on and through the Website may be out of date, and 4fame makes no commitment to update any aspect of the Website. 4fame makes no representations and warranties with respect to availability of the Website and may discontinue the Service at any time with or without notice. You are solely responsible for maintaining back-up copies of any elements of Your Content uploaded to the Website or otherwise delivered to 4fame as Physical Product.

Section 9: Indemnification

You hereby agree to indemnify, defend, and hold 4fame harmless from and against any and all damages, claims, liabilities, costs, losses, and expenses (including, but not limited to, legal costs and attorneys’ fees) (collectively, “Claims”) arising out of any breach or alleged breach of any of the warranties, representations, covenants or agreements made by you in this Agreement, including, but not limited to, any Claims made by a PRO or music publisher with respect to any public performances or communications to the public of any musical works embodied in Your Content, any contributor to any sound recording included within Your Content, including claims from any unions, guilds, background musicians or vocalists, engineers, etc., or any other party for any use or misuse of any other forms of intellectual property or proprietary rights in Your Content, including, but not limited to, trademark rights and invasions of the right of privacy or publicity. You agree to reimburse us, on demand, for any payment made by us at any time with respect to any Claims to which the foregoing indemnity applies. Pending the resolution of any claim, demand, or action, we may, at our election, withhold payment of any monies otherwise payable to you hereunder in an amount, which does not exceed your potential liability to us pursuant to this Section.

Indemnification Request:

If we make an indemnification request to you under this Section, we may permit you to control the defense, disposition or settlement of the matter at your own expenses, provided that you shall not, without our prior written consent, enter into any settlement or agree to any disposition that requires any admission of liability by 4fame or imposes any conditions or obligations on 4Fame other than the payment of monies that are readily measurable for purposes of determining your monetary indemnification or reimbursement obligations to us. If we, in our reasonable and good faith judgment conclude that you are not capable of defending your or our interests against any Claims, then we shall have the option to control the defense in any matter or litigation through counsel of our own choosing to defend against any such Claim for which you owe 4Fame an indemnification, and the costs of such counsel, as well as any court costs, shall be at your expense.

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