Welcome to newjuke.com

terms

Terms

NEW JUKE.COM TERMS OF USE

This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, the visitor New Juke.com, hereinafter referred to as the “Site”, and the owners and operators of this Site. New Juke.com is owned and operated by New Juke.com, Inc., a corporation operating from Port Jefferson Station, New York.

As a condition precedent to you being able to use any of the tools, functions and services provided to you by this Site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this Site, or use any tools, functions or services that this Site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once.

Intellectual Property Provisions

All content provided within or via this Site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

Disclaimer Regarding Functionality

All content, tools, functions and services provided via this Site are provided on an “as is” basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.

Limited License for Personal Use

You are allowed to visit this site for personal use reasons only, unless you are a registered member, and then limited commercial usage may be available to you.

Termination of Service

We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

Prohibited Content and Conduct

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

You may not:

• Engage in any conduct that is harmful to this Site.
• Violate the civil rights of any third party or entity.
• Violate any law of any nature.

Automatic Viewing or Usage of this Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

Submissions

All submissions (but not personal information) become the property of this Site, submissions should be deemed communications such as “letters to the editor” or “ideas or concepts for improvement” that you forward to us. All submissions are non-confidential in nature. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action. An example of such a communication might be a email or letter that you send us that threatens a third party or defames a third party.

Limitation of Liability

We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool or service that we provide to you. You agree that you will never sue or cause this Site to be sued for any reason or any legal theory whatsoever. Should you file any lawsuit against us, you agree that damages will be limited to that precise amount of money that you have paid us for services rendered to you.

Jurisdiction

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of New York excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in New York, New York before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.

Foreign Usage

We make no representation that the usage of this Site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this Site from outside the United States of America (USA). Unless otherwise stated, the contents of this site are published for the use and enjoyment of residents of the USA.

General Information

This Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors. We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement. We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.

Notices

Notices to you may be issued via electronic mail or by surface mail, at our sole selection. Intellectual Property Notices You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

Merchandise and Services

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
All merchadise and services including but not limited to products and services sold in stores or any downloaded music or any digital content are subject to price changes without notice. Newjuke will do its best to tell its members of price changes before they occur but can't guarantee 100% of it's members will get the notice.

NEWJUKE.COM MUSIC FAN AGREEMENT

Thank you for joining NEWJUKE.COM. This Agreement provides the various terms and conditions that apply to your NEWJUKE.COM membership.

By completing the form and clicking on the “I AGREE” button below, you will be agreeing to the terms and conditions of this Agreement.

You can terminate this Agreement and remove your material at any time by sending us an email.

Fan Interaction

Fans may hire individual artists to perform at mutually agreeable locations. Fans may also hire venues for private functions upon mutually agreeable terms. You agree to respect the copyrights of the artists on our site.

Modifications of this Agreement

We reserve the right to amend, modify or alter this Agreement at any time without prior notice to you. Please review it each time you use any of our tools or services or visit our site. You usage of any tool or service that we provide subsequent to a change, modification or alteration in this Agreement is your express indication to us that you agree to be bound by any new terms and conditions to this Agreement, as well as the Agreement as a whole in its then present construction.

Disputes between Members and Third Parties

All disputes between members, including artists, fans, venues and copyright owners, must be strictly worked out between themselves. We will not intervene in such matters except for the removal of any content that allegedly is a copyright violation, according to our policies regarding the same.

Promotion of Artists, Venues, Fans and other Parties

We reserve the right to promote, on our home page, feature pages, or elsewhere, any artists, venues, fans and other parties we deem appropriate to promote. Some promotions may be “paid” promotions, that is, a type of advertising.

Links

We may provide links to third party sites. We are not responsible for the content or activities of any such sites and we encourage you to read their privacy policies and terms of service. We are not responsible for any contests or promotions provided by any site other than our own and disclaim any such responsibility.

Server Downtime

We do not promise that our site will be available 100% of the time, or any set period of time, even if you have paid for your membership or any tool or service. We disclaim any responsibility for loss that you encounter due to any unplanned downtime experienced by our site.

Advertising

We reserve the right to place advertising on all site pages and any where else on our site that we deem appropriate. The nature of the advertising is strictly in our sole discretion. The amount of ad space that we sell, the placement thereof, and any other decisions regarding our advertising content is strictly up to our sole discretion.

General Guidelines

You must own the copyright to any and all content that you post on our site, or otherwise have the legal right to post the content on our site. This includes, but is not limited to, photographs, artwork, text and video. We will remove any material without notice to you if we receive a complaint from a purported copyright owner and ask you to work out the legal issues solely between you and the complaining party. We will provide all complaining parties with your personal information should we be able to verify the business address of the complaining party.

WE RESERVE THE RIGHT TO REMOVE ANY MEMBER AT ANY TIME FOR ANY REASON WE DEEM APPROPRIATE WITHOUT PRIOR NOTICE. IT SHALL BE OUR SOLE DISCRETION REGARDING THE PROVISION OF ANY REFUND FOR ANY MEMBERSHIP OR OTHER FEES.

Age of Majority Required

Privacy Policy

We respect your privacy. We will never sell, trade, or give away your personal information for any reason. We will also endeavor to make visiting and using our site to be as secure an event as possible. We may use cookies to make our site easier to use. Cookies are small programs that help your computer remember and use certain data. You may set your browser to reject cookies, but your enjoyment of the site may be lessened.

General Responsibilities

• At signup, a valid email address will be provided to NewJuke.com which will be validated by providing a link per email to validate the email address. If the email cannot be successfully sent within 36 hours, the application will be deleted.
• The NewJuke.com website will set cookies in the browser to save and retrieve information relevant to using the site or the administration area.

Disclaimer

No Liability For Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEWJUKE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Arbitration/Jurisdiction

This Agreement will be governed by and construed in accordance with the internal laws of the State of New York excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in New York, New York before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.

You represent that you have carefully read this agreement, that you understand its contents, and that you have had an opportunity to seek independent legal advice with respect to the review and advisability of entering into this Agreement.

I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE NEWJUKE.COM FAN AGREEMENT

NEWJUKE.COM MUSIC SUBMISSION ARTIST AGREEMENT

Thank you for joining NEWJUKE.COM. This Agreement provides the various terms and conditions that apply to your NEWJUKE.COM membership.
By completing the form and clicking on the “I AGREE” button below, you will be agreeing to the terms and conditions of this Agreement.
You can terminate this Agreement and remove your material at any time by sending us an email. We will retain NO rights to your material after you have terminated this Agreement.
All copyrights to you material will always belong to YOU and never to NEWJUKE.COM. The Artist Download Agreement is hereby incorporated by reference as if fully set forth herein.
These terms apply to all visitors to the NewJuke.com site including anyone who uses any tool or service that NewJuke.com provides.
If any tool or service does not have specific terms of service published on the NewJuke.com site, then these terms apply to such tools or services.
All personal information that you provide must be complete, valid, accurate and current. Any changes to your personal account must be promptly provided to us. If we conclude that your personal information may be incorrect, we reserve the right to place your membership on hold until we can ask you to verify the information in question.
Should you upload content of any nature (video, music, text, graphics, code and any other type of content) you become solely responsible for any legal consequences relating to that content (copyright infringement, trade dress issues, trademark infringement, and any and all civil, criminal and regulatory issues of any nature.) You use our site at your own risk.
We do not prescreen content provided to our site and you agree to solely accept any risk of harm associated with the content provided by third parties to our site. We reserve the right to prescreen any content we deem so proper, if any at all, and to edit our site in any way that we see fit.
The content on our site must be used solely for the purposes that we intend.
We may refuse membership to you for any reason, place your membership on hold for any reason, terminate your membership for any reason—all with no prior notice to you. We may also restrict any tool or service or content at any time by denying you access to such for any reason we deem appropriate.
We may alter how much storage we offer for free at any time. We may decide to charge for any service that was previously offered for free at any time.

Modifications of this Agreement

Disputes between Members and Third Parties

Our Music/Video Player

Our Music/Video player and all software relating to the player are made available to you at no charge subject to the terms and conditions of this Agreement and the license of usage presented herein. You may not use the player in any way that would violate our ownership rights in the player or violate any copyright or patent laws. You may not tamper with the software or modify, disassemble, reverse engineer, copy, distribute, derive the source code of, or create your own version of our player by using any copyright protected or patented elements contained therein. You may also not use the trade dress of our player in any way. You may not use the player in any activity that is illegal. You may not claim that we endorse or sponsor you in any way. If you upload skins for our player, such skins become our sole intellectual property and you agree to allow us to use them in any way that we want, including selling or giving them away, for ever at no charge to us.

Promotion of Artists, Venues, Fans and other Parties

Server Downtime

Selling Music

Should we offer paid downloads, artists shall be paid pursuant to our posted guidelines on, which shall include the percentage of the download price that you are paid, the frequency and minimum sales requirements to receive a payment, and other important information. Although we will submit prior notices regarding sales guidelines and requirements we guarantee every person will get the notices, therefore, we reserve the right to change our sales guidelines and requirements at any time without prior notice to you. Posted guidelines are on our FAQ page under the Artists category.

Grant of License

By submitting your songs, text, and graphics, you grant us the right to distribute the same via our NEWJUKE.COM website.
We suggest you copyright your songs before you upload them to newjuke.com or anywhere else. You can get the required info for copyrighting your material here. http://www.copyright.gov/register/sound.html

Advertising

We reserve the right to place advertising on all artist pages and any where else on our site that we deem appropriate. The nature of the advertising is strictly in our sole discretion. The amount of ad space that we sell, the placement thereof, and any other decisions regarding our advertising content is strictly up to our sole discretion.

Artist Guidelines

You agree not to post any content on NewJuke.com that is indecent, obscene, “hate” content, racist, intolerant, defamatory, illegal, or infringes the intellectual property of any third person or entity, including any posting on our message board system. You may not post any information, including songs or videos, that violates the laws of any jurisdiction and you also agree to HOLD NewJuke.com HARMLESS and defend NewJuke.com against any claim arising from your violation of any term or condition of this Agreement. We may post additional artist guidelines on our site and you agree to follow them as well. You may never do anything to injure our business such as hack our site or database, conduct a “denial of service” attack or engage or support any such actions designed to harm our business. Do not send unsolicited email, “Spam,” to advertise your act.
You must own the copyright to any and all content that you post on our site, or otherwise have the legal right to post the content on our site. This includes, but is not limited to, photographs, artwork, text and video. We will remove any material without notice to you if we receive a complaint from a purported copyright owner and ask you to work out the legal issues solely between you and the complaining party. We will provide all complaining parties with your personal information should we be able to verify the business address of the complaining party. If you are a member of a band, you must have the permission of all band members AND the permission of all song writers to upload any songs or other material to our site.

Age of Majority Required

You must be either 18 years old or older to become a member of our site or have the permission of your parent or guardian, in such cases, your parent or guardian must be the person who signs up for our services by executing this Agreement. Parents or guardians of minors who are using our site understand and agree that they must monitor all activities by the minor on our site and agree that they will not allow their minor to use our site or any of the tools or services provided on our site unless they monitor their minor at all times they are using the site.

Privacy Policy

Artist Responsibilities

• At signup, a valid email address will be provided to NewJuke.com which will be validated by providing a link per email to validate the email address. If the email cannot be successfully sent within 36 hours, the application will be deleted.
• The artist will only upload works of which the artist is the owner, or has sufficient authority and/or permission to publish the work. Do NOT infringe the copyright of any third party or entity!
• The artist will not upload and publish works which are of pornographic, obscene, hate-oriented or illegal of nature, or promote or encourage illegal actions, in any jurisdiction or is otherwise objectionable to us. Determination of suitability will remain the right of the site administrator.
• The artist will not make use of any automated tools to download any works to misrepresent download statistics. Do NOT game our charts or systems. The artist will encode all works in mp3 format before upload. See our guidelines for information about the appropriate encoding rate that we accept. All songs must be complete songs, in stereo. No partial songs, please. No songs that exceed the size or length maximums as established by our guidelines.
• The artist will encode all pictures and photos to .jpg or .gif formats before upload. Pictures will be resized by NewJuke.com to fit the designs of the framework created for the artist's website. Please consult our guidelines for the appropriate dimensions of your graphics so that you pictures don’t get distorted.
• Should we provide for paid downloads now or in the future, who buys your song using our shopping cart, will always be able to download that entire song, including updated versions of the song that you later post.
• The NewJuke.com website will set cookies in the browser to save and retrieve information relevant to using the site or the administration area.
• The artist will not use any information from the administration area made available by NewJuke.com, to hack, crack or attack other sites or visitors, or use the information to commit any illegal action.
• The artist is responsible for all taxes owed on money earned at this site, should any money be earned.
• Do not game our system by purposely using obscenity or misleading information in our song or artist titles.
• Do not use unauthorized or illegal samples in your songs.
• Do not use our site, or the tools or services we provide, to break any law of any jurisdiction.
• Do not stalk or harass any user or visitor to our site.
• Do not use robots or scripts to glean or obtain data or information from our site.
• Do not impersonate another person or entity.
• You must follow any posted forum rules and guidelines.
• Do not reveal the private or confidential information of any third party or entity.
• Do not engage in any misleading or fraudulent activities.
• Do not provide copyright protected content that you do not yourself own.
• Do not use any trademark that you do not yourself own including any that we own.
• Do not conduct chain letters, sweepstakes, contests or promotions.
• Do not sell data or content derived from our site.
• Do not access your account if your account has been terminated.
• Do not submit any order for merchandize or products offered on our site unless you intend to complete the purchase and pay for what you have ordered.

You will allow us to:
Prepare and encode your Artist Content, or any portion thereof for Digital Transmission via the Internet.
Display, copy, and reproduce your Artist Content via the Internet.
Sell your songs at your request, should we offer that service.
Use your name(s), group name, approved photograph and/or likeness and approved biographical materials to your benefit on your artist page for any promotional reasons we deem appropriate, in our sole discretion.
Place advertising on your page in any way we deem appropriate.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWJUKE.COM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE OUR SITE, AND (2) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE OUR SITE AND ANY SERVICES PROVIDED BY NEWJUKE.COM HEREUNDER. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

No Liability For Consequential Damages

NEWJUKE.COM will make good faith efforts to make your Artist Content available in accordance with your instructions. However, recognizing the complexities of operating automated systems, from time to time, we may incorrectly categorize Artist Content, making available, for example, free or “no charge” content for a fee, or fee-based content for free or “no charge.” Should NEWJUKE.COM make such an error, then upon notice from you we will take all commercially reasonable efforts to promptly correct it, that being your sole and exclusive remedy, it being understood that NewJuke.com shall not be responsible for consequential or other damages.

Cover Songs

It is your sole responsibility to obtain the appropriate mechanical license from Harry Fox Agency for any and all of your cover songs. See our Cover Song page for more information. If you fail to obtain the appropriate license, you may be sued by the copyright owner of the song, and if that happens, you agree to HOLD US HARMLESS and to indemnify us from any such legal actions arising from your use of the cover song (or any samples used in your recording that have been incorporated without the appropriate licenses) or any other action of copyright infringement arising from your song(s). Should you upload a cover song to our site, such an action is your express guarantee to us that you have obtained and paid for the appropriate mechanical license and you agree to follow through on your reporting and other obligations to Harry Fox Agency or any other licensing party.

Arbitration/Jurisdiction

I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE NEWJUKE.COM MUSIC SUBMISSION ARTIST AGREEMENT:

I am over the age of 18, and have authority to sign for the band, if I am not a solo artist.

NEWJUKE.COM VENUE AGREEMENT

Modifications of this Agreement

Disputes between Members and Third Parties

Promotion of Artists, Venues, Fans and other Parties

Venue Insurance and General Requirements

All venues must have appropriate insurance policies in place and shall obey all local fire safety rules and all other related laws of their jurisdiction. All artists retained via our site must be paid an amount mutually agreed to by both parties.

Server Downtime

Grant of License

By giving us material about your venue, such as photographs, text and other materials,you grant us the right to distribute the same via our NEWJUKE.COM website.

Age of Majority Required

Privacy Policy

Venue Responsibilities

• At signup, a valid email address will be provided to NewJuke.com which will be validated by providing a link per email to validate the email address. If the email cannot be successfully sent within 36 hours, the application will be deleted.
• The NewJuke.com website will set cookies in the browser to save and retrieve information relevant to using the site or the administration area.
• You will not use any information from the administration area made available by NewJuke.com, to hack, crack or attack other sites or visitors, or use the information to commit any illegal action.

You will allow us to:
Prepare and encode content you provide to us, or any portion thereof for Digital Transmission via the Internet.
Display, copy, and reproduce your Content via the Internet.
Use your name(s), venue name, approved photograph and/or likeness and approved venue materials to your benefit on your artist page for any promotional reasons we deem appropriate, in our sole discretion.
Place advertising on your page in any way we deem appropriate.

Disclaimer

No Liability For Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEWJUKE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Arbitration/Jurisdiction

I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE NEWJUKE.COM MUSIC SUBMISSION ARTIOST AGREEMENT

I am over the age of 18, and have authority to sign for the Venue, if I am not the Venue ownner.

NEWJUKE.COM MUSIC ADVERTISING AGREEMENT

Advertising Policies and Guidelines

All advertising is subject to our approval. We may reject any advertising for any reason. You agree to pay us in advance for all advertising. During the term of this Agreement, we may accept employment from, render services to, represent or otherwise be affiliated with any person, firm, corporation or entity in connection with any product or service directly or indirectly competitive with or similar to any product or service of Advertiser with respect to which we are providing any service pursuant to this Agreement.

Server Downtime

Disclaimer

No Liability For Consequential Damages

Arbitration/Jurisdiction

I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE NEWJUKE.COM ADVERTISING AGREEMENT

******THE FOLLOWING INFORMATION IS FOR THE PURPOSE OF SUBMITTING COPYRIGHTED MUSIC.******

Recording and Selling Cover Songs
Illegal Sampling of Recorded Music

Cover Song Overview

A “cover song” is when you record your own version of a song that you did not write. The music and/or lyrics to a cover song are owned by the authors and the rights to the song are generally controlled by what is known as a music publisher.
For example, the song “Helter Skelter”, written by John Lennon and Paul McCartney, as recorded by the Beatles is listed at BMI.com as follows:

HELTER SKELTER
BMI Work #555707
Songwriter/Composer Current Affiliation
LENNON JOHN WINSTON
PRS 17798450
MC CARTNEY PAUL JAMES
PRS 18873266

In order for you to have the legal right to record and sell (or give away) your own version of “Helter Skelter”, or any other cover song, you have to obtain a license from the Harry Fox Agency. The license covers any copy of your song that you distribute, so it doesn’t matter of the song is sold or given away.
You will have to prepay a modest amount of money for the right to record your version of the song, and continue to pay royalties for each copy that you sell, whether it be as a download or if the song is on your CD.
You MUST obtain your license PRIOR to distribution of your version of the song.
You will also have various accounting and reporting obligations. Full details can be found at the Harry Fox Agency website which is located at: www.harryfox.com
The type of license you must have is called a mechanical license.
As the Harry Fox Agency states on their website: “Reputable replicators and online music sites will require you to have these licenses before they duplicate your recording or offer it online.”
HFA's “Songfile” system makes this easy.
Songfile licensing is a tool to obtain mechanical licenses for physical recordings (CDs, cassettes, vinyl) made and distributed in the U.S. in a quantity of 250 to 2500 units, or to create and distribute from 150 to 2500, permanent downloads of a song from a server located within the U.S., at the current statutory mechanical rate.
In addition to royalty fees, there is a modest per-song processing fee of $13 to $15 charged by HFA, depending upon how many songs are licensed at once. All processing is done online, and in most cases, you will have your license within 24 hours. Once processed, licenses are made available to you electronically for viewing and printing through your Songfile account. Please note that all songfile license fees are non-refundable.
To use Songfile you must be conducting business in the U.S., and have a valid credit card with a U.S. address. You will be asked to register for songfile use by agreeing to HFA's Terms of Use and creating a user name and password. Licenses for songs on physical products and for downloads must be obtained in separate transactions. For physical products, you to will be able license multiple songs for one physical album at a time; you will need to complete a separate transaction for each album. You can obtain up to 50 separate download (DPD) licenses in one transaction. Unlike physical licenses, DPD licenses expire in one year.
Before you use the Harry Fox Agency’s SongFile system, you will have to do a bit of research to learn who the publisher of the song is. Remember, many songs share the same title, so make sure you have the right song before you pay for the license.
There are three places where your song may be located and you may have to try all three before you find your song.

www.BMI.com
www.ASCAP.com
www.SESAC.com

If your song is not located at either of these places, you will have to write the record company and find out who the publisher of the song is. If the song in question is an independent release, you may have to contact the artist directly to obtain your license.
Upon demand, you must fax us a copy of your license.

Samples Overview

Sampling involves taking a portion, sometimes a small portion, of a pre-existing recording, and incorporating it into a new work. Our policy is to disallow music that takes samples from unlicensed sources.
The unauthorized use of samples generally violates one or more copyrights. It can also be difficult to determine just how many different licenses one might need for any particular sample in order to be sure that the sampler will not be targeted with a devastating lawsuit. Recent case law determined that the taking of even just three notes can bring about a successful lawsuit against the unfortunate sampler.
We recognize that there are (at least) two viewpoints on the subject of sampling. Some very intelligent people have argued that small amounts of sampling should be construed as “Fair Use,” and as such, such sampling should be legal.
However, NewJuke.com has made the business decision to not allow songs that contain unauthorized samples on our site. We simply do not wish to be caught up in expensive litigation over the issue. Any song that has a sample will be removed from our site unless and until the artist can provide us with copies of the proper licenses, which should include a license from the music publisher(s) of the original work and a license from the original recording artist of the sound recording that the sample was derived from.
“Today, most mainstream acts obtain prior authorization to use samples, a process known as "clearing" (gaining permission to use the sample and, usually, paying an up-front fee and/or a cut of the royalties to the original artist). Independent bands, lacking the funds and legal assistance to clear samples, are at a disadvantage.” Wikipedia.org We invite you to learn more about the issues and debate surrounding the issue of sampling by visiting Wikipedia,org’s page on the subject: http://en.wikipedia.org/wiki/Sampling_%28music%29

NEW JUKE.COM TERMS OF USE

Intellectual Property Provisions

Disclaimer Regarding Functionality

Limited License for Personal Use

Termination of Service

Prohibited Content and Conduct

Automatic Viewing or Usage of this Site

Links to Third Party Sites

Submissions

Limitation of Liability

Jurisdiction

Foreign Usage

General Information

Notices

Merchandise and Services

NEWJUKE.COM MUSIC FAN AGREEMENT

Fan Interaction

Modifications of this Agreement

Disputes between Members and Third Parties

Promotion of Artists, Venues, Fans and other Parties

Links

Server Downtime

Advertising

General Guidelines

Age of Majority Required

Privacy Policy

General Responsibilities

Disclaimer

No Liability For Consequential Damages

Arbitration/Jurisdiction

NEWJUKE.COM MUSIC SUBMISSION ARTIST AGREEMENT

Modifications of this Agreement

Disputes between Members and Third Parties

Our Music/Video Player

Promotion of Artists, Venues, Fans and other Parties

Links

Server Downtime

Selling Music

Grant of License

Advertising

Artist Guidelines

Age of Majority Required

Privacy Policy

Artist Responsibilities

Disclaimer

No Liability For Consequential Damages

Cover Songs

Arbitration/Jurisdiction

NEWJUKE.COM VENUE AGREEMENT

Modifications of this Agreement

Disputes between Members and Third Parties

Promotion of Artists, Venues, Fans and other Parties

Venue Insurance and General Requirements

Links

Server Downtime

Grant of License

Age of Majority Required

Privacy Policy

Venue Responsibilities

Disclaimer

No Liability For Consequential Damages

Arbitration/Jurisdiction

NEWJUKE.COM MUSIC ADVERTISING AGREEMENT

Advertising Policies and Guidelines

Server Downtime

Disclaimer

No Liability For Consequential Damages

Arbitration/Jurisdiction

Recording and Selling Cover Songs Illegal Sampling of Recorded Music

Cover Song Overview

Samples Overview

Recording and Selling Cover Songs
Illegal Sampling of Recorded Music