Musicians and users of eListeningPost services and products

eListeningPost is a resource for artists where You can upload Your music and we will enable You to market and sell it in many different ways. We will also provide You other resources to help manage Your business of making music.

PLEASE READ the Terms and Conditions of this agreement (The "Agreement") before using and registering with eListeningPost and uploading any of Your content ie. music, videos, images and/or text copy to eListeningPost. This agreement governs Your provision of content within eListeningPost's services, Your use of eListeningPost's services and eListeningPost's use of Your content. If You do not agree to the Terms and Conditions of this Agreement, please do not use the services provided by eListeningPost. This agreement is between You and eListeningPost and is subject to change by eListeningPost at any time in its discretion. Notices of any changes will be posted on the eListeningPost Web site within Your administration page. If You have any questions or concerns relating to the Terms and Conditions or the Agreement please ask us by clicking here. By using the eListeningPost services You accept this agreement and agree to be bound by its Terms and Conditions.

Introduction
By accepting this Agreement, You are requesting to use eListeningPost services subject to the terms of this Agreement. "You" means You or, if You are accepting on behalf of Your employer or another entity, then "You" means that employer or entity and its affiliates. We may revise the terms of this Agreement by providing the new terms and conditions on the eListeningPost Web site.

1. Eligibility and Use of the eListeningPost
Your use of and access to the services of eListeningPost is dependent on Your continued compliance with the terms of this Agreement. eListeningPost reserves the right to refuse access to the eListeningPost services to any person at any time in its sole discretion. By using the eListeningPost services You represent and warrant that all information You submit is true and accurate.

2. Your Content
After acceptance of this Agreement, You may upload music, video, images, profiles and text copy Your Content for hosting and display to end users of the eListeningPost services by using the upload tools provided on eListeningPost. Your Content uploaded on to eListeningPost will be posted in Your personal profile area but may be copied and exhibited by eListeningPost on any artist feature area of the eListeningPost Web site or distributed in free eListeningPost newsletters or blogs. You are solely responsible for all Your Content published or displayed by eListeningPost.

Before displaying, copying or distributing Your Content eListeningPost will encode Your music and/or videos with RealNetworks and Microsoft Digital Rights Management “DRM” software that will limit the number of times Your music and/or video can be played by users of eListeningPost services. Your music and/or video files will be limited to no more than five plays per computer they are played on.

3. Use of Your Content
By accepting this Agreement and uploading Your Content to eListeningPost, You are granting eListeningPost a royalty-free, perpetual, non-exclusive right and license to host, cache, store, copy, distribute, transmit, perform, display, Your Content in order to (i) host Your Content on eListeningPost servers, (ii) index Your Content and store it in a database; (iii) display Your Content on the eListeningPost Web site and (iv) distribute and sell Your Content from the eListeningPost Web site and/or distributed by eListeningPost through email  via download to personal computers, mobile telephones and any other form of electronic device capable of receiving the same. Notwithstanding the foregoing, eListeningPost is not required to host, index, or display any of Your Content. eListeningPost is not responsible for any loss, theft or damage of any kind to Your Content.

eListeningPost does not have the right to sub-licensed, edit and alter Your Content.

4. Legal Content
By accepting this Agreement and uploading Your Content to eListeningPost, You represent and warrant that: (a) You are at least 16 years of age, (b) all of the information provided by You to eListeningPost to enroll and participate in the eListeningPost services is correct and current; (c) You are solely responsible for Your Content that You place in the eListeningPost services and for ensuring that Your Content is not Unacceptable Content (as defined in Clause 5 below); (d) You hold and will continue to hold the necessary rights, including but not limited to all copyright, trademark rights and rights of publicity in and to Your Content and to grant the rights granted herein; (e) You have the legal right and authority to enter into this Agreement, to perform the acts required of You under the Agreement, and to grant the rights and licenses described in this Agreement; (f) Your Content and the rights and licenses granted to eListeningPost under this Agreement do not and will not violate any applicable law, statute, ordinance or regulation and do not breach and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.

5. Unacceptable Content
You shall not upload any of Your Content to eListeningPost (whether audio, video, photos or profiles or text copy) that is Unacceptable Content, which shall mean any content that infringes any applicable law, regulation or code of practice and/or contains anything libellous, blasphemous, defamatory, pornographic, obscene, promotes bigotry, hatred or physical harm of any kind against any group or individual or is in any other way offensive (including any material that may cause offence to any person on grounds of their racial group, religion, sex, sexual orientation or disability), or which contains images or audio taken in dressing rooms, hospitals, medical facilities, homes or other private locations where the subject(s) of the image or audio does not know the image or audio is being recorded, images depicting, promoting or inciting cruelty to animals, images of driver's licenses, credit cards, or other personal financial information, or material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18 or anything which would cause injury to, invade the privacy of or otherwise infringe the rights of any person or anything else that in the sole judgment of eListeningPost violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any user of eListeningPost services.

6. Copyright Policy
eListeningPost is not an illegal file sharing service and should not be treated like one. You may not post any copyright material, trademarks, or other proprietary information owned or controlled by any third party without obtaining the prior written consent of the owner or controller of such proprietary rights. If Your Content includes any music content You represent and warrant that You hold and will continue to hold all necessary rights and consents, including but not limited to copyright (in both the sound recording and the underlying musical works) and performers consent in such music to grant the rights granted to eListeningPost herein. You further represent and warrant either that (a) You are not a member of the MCPS/PRS or any other performing rights and/or mechanical rights collecting society and that the copyright in the sound recording of Your Content is not owned and/or controlled by any record label (or other rights holder); or (b) You are a member of the MCPS/PRS or other performing and/or mechanical rights collecting society and/or any part of the copyright in the sound recording of Your Content is owned and/or controlled by a record label (or other rights holder) and You accept full responsibility for any and all royalties payable in respect of use and/or sale of Your Content on eListeningPost's Web site and within eListeningPost's services in accordance with this Agreement. eListeningPost aims for the eListeningPost service to be self-policing and wants users to report any illegal or inappropriate content. If You believe that Your work has been copied and uploaded to the eListeningPost Web site or eListeningPost's service in a way that constitutes copyright infringement or if You find some content that You feel is Unacceptable Content, please notify eListeningPost by clicking here or following the relevant prompts on the eListeningPost Web site. eListeningPost may terminate access to the eListeningPost's Web site and services of any member who infringes this copyright policy.

7. Advertising Policy
By uploading Your Content to eListeningPost You hereby permit eListeningPost to place advertisements on the eListeningPost Web site pages that feature Your Content including Your profile page. By selecting to allow advertising on Your Previews during the track upload process You hereby permit eListeningPost to show advertisements prior to, during and after the playback of Your Previews. How You share in the revenues from these advertisements is described at point 10 below. eListeningPost provides no guarantees whatsoever that advertising will be sold or placed in association with Your Previews.

8. Promotional License, Image, Publicity
You hereby grant eListeningPost a non-exclusive, world-wide, royalty-free license to use Your name and image on any medium for the purposes of advertising and promoting eListeningPost.

9. Payment for Your Content.
You hereby permit eListeningPost to distribute Your Content to other users of the eListeningPost services for the prices You select from the eListeningPost pricing options for the particular content type as posted on the eListeningPost Web site from time to time. If You choose to sell Your Content, eListeningPost will facilitate the sale via PayPal, and/or any other payment method eListeningPost chooses, free of charge. You will receive one hundred percent (100%) of Net Revenues received from the sale of Your Content. For these purposes Net Revenues shall mean the purchase price paid by other Users of eListeningPost services for Your Content less payment processing fees charged by PayPal or any other payment processor used. You will be billed separately for any delivery costs including (where appropriate) premium SMS costs, billing costs including (where appropriate) credit card and debit card remittance and chargeback costs and other fees charged by our billing partner(s).

eListeningPost facilitates the sale of your music by directing the buyer to your PayPal page where they pay you directly. eListeningPost is not liable for any part of the PayPal transaction.

Prior to being able to sell any of Your Content via the eListeningPost Web site or eListeningPost services, You will need to provide certain details of Your PayPal account in order for eListeningPost to facilitate the sale of Your Content.

10. Payment for Advertising
For advertisements placed on Your profile page within the eListeningPost Web Site and if You Choose to permit eListeningPost to place advertisements Directly Associated with Your Previews eListeningPost will pay You sixty percent (60%) of Net Revenues, if any, received by eListeningPost from these advertisements. For these purposes Directly Associated means advertisements that appear during the playing of Your Previews. For these purposes Net Revenues shall mean the price paid by advertisers for these advertisements less VAT, indexing and display costs, delivery costs, performing rights and/or mechanical rights collecting society costs, selling costs and billing costs. Payment will not be made to You before the amount owed You reaches the minimum amount as posted on the eListeningPost Web site. To see these amounts click here. You will need to provide certain details of Your PayPal account or other payment system in order for eListeningPost to pay You any fees due to You.

11. Tax Policy
As a condition of using the eListeningPost Web site and eListeningPost services, You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding:

• the use of eListeningPost's services.
• the sale of Your Content.
• the receipt of advertising revenues.

You are also responsible for paying all fees associated with using eListeningPost's services, and all applicable taxes associated with the use of eListeningPost's services.

eListeningPost has this policy in order to help You understand that there may be legal implications, fees, and tax obligations associated with Your use of eListeningPost's services. This policy also helps to inform You that it is Your responsibility to understand and comply with relevant laws and regulations, and that You are responsible for paying relevant fees and taxes.

12. Spam Policy
We do not tolerate spam. As a condition of using eListeningPost services, You agree to not send Your Previews in an unsolicited “spam” email. To report related spam or spoof emails to eListeningPost, please forward the email to spam@elisteningpost.com. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We do filter and automatically scan messages before they are sent for viruses and other illegal or prohibited content but do not permanently store email messages sent through these tools. We do not permanently store email or use any email addresses You use for any marketing purpose. We do not rent or sell these email addresses.

13. Proprietary Rights
Nothing contained in this Agreement conveys any ownership right to eListeningPost in any of Your Content, or other materials provided by You. You acknowledge that as between You and eListeningPost, eListeningPost owns all right, title and interest in and to the eListeningPost webstite and eListeningPost services and any software thereon, including the content upload tool, the bulk email and address management tool and limited-play preview tool.

14. Disclaimer and Limitation of Liability
The eListeningPost Web site and services are provided "AS IS" with no warranties whatsoever. eListeningPost expressly disclaims any warranties regarding the security, reliability, and performance of the eListeningPost Web site and services and the warranties or conditions of noninfringement, merchantability and fitness for any particular purpose. In no event shall eListeningPost be liable under this agreement for any direct, consequential, special, indirect, exemplary or punitive damages, whether in contract, tort or any other legal theory, even if we have been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

eListeningPost will not be held liable for any damages or losses due to the eListeningPost Web site or services being down. eListeningPost will take reasonable measures to avoid or reduce any down time.

You understand and agree that You use the eListeningPost services at Your own discretion and risk and that You will be solely responsible for Your Content and for any damages to Your computer system or loss of data that results from Your use of the eListeningPost services.

15. Your Obligation to Indemnify
You agree to indemnify, defend and hold eListeningPost and their respective directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss and expense (including reasonable legal fees, damage awards, and settlement amounts) brought against any Indemnified Person(s) arising out of, or related to or which may arise from Your Content and/or Your use of the eListeningPost Web site and eListeningPost services and/or Your breach of any term of this Agreement.

16. Withdrawal of Your Content
You may withdraw all or part of Your Content from this agreement and public display on the eListeningPost Web site as well as remove it from being accessible vie email, download or any other Web site it has been linked to or any means of viewing any time You wish by following the on-screen prompts on Your personal administration page. eListeningPost may at any time in its sole discretion terminate this Agreement, or withdraw any of Your Content from public display.

17. Privacy and Information Rights
You agree that eListeningPost may use the information that You provide when You register with eListeningPost (including but not limited to contact and billing information) in accordance with the privacy policy.

In addition, You agree that eListeningPost may contact You about other of its products and services which may be of interest. eListeningPost may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. eListeningPost disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party.

18. General
This Agreement does not affect any right that either party would have had, or shall have, independent of the Agreement including rights relating to Your Content under applicable law. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches. This Agreement shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.