When you upload any music to gimmesound.com (the "Site"), you:
- represent and warrant that you own all necessary legal rights to upload, stream, download and otherwise digitally distribute any songs you have uploaded to the Site (the “Songs”);
- grant to Van Ness Group, Inc. (“the Company”) – on behalf of yourself, all other members of your band (if any), and any other persons or entities which hold publishing, performance or other rights in the Songs (collectively, the “Rights Holders”) – a non-exclusive worldwide perpetual license to stream, download, list, and describe those Songs only on the Site;
- acknowledge and agree the Company will pay you and all Rights Holders, as full compensation for any downloads of the Songs, according to its current Payment System and, on behalf of all Rights Holders, you and they agree to be paid in that manner;
- represent and warrant that you have all rights necessary to (a) upload the Songs, (b) grant The Company the License; (c) enter to this Agreement; (d) that nothing in the Songs violates the rights of any third parties in any jurisdiction, including without limitation, copyright, trademark, trade secret, privacy, publicity or other right; and that (e) this Agreement does not conflict with any other agreement or obligation by which Artist or any other Rights Holder is bound;
- represent and warrant that you will not upload, post, email, transmit or otherwise make available on the Site any Songs or other content which contain material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or invasive of another's privacy, or that contains any virus, trap door, Trojan Horse, disabling device or remote control mechanism that might, or might be utilized to, impede the operation of the Site or its host server;
- acknowledge and agree that the Company has no liability for any violation of any third party's legal rights as a result of your uploading of the Songs, and agree to indemnify the Company for any and all attorneys' fees and other expenses which may result from distributing any of the music you upload;
- acknowledge and agree that, upon receipt of a third party complaint regarding Songs you have uploaded, the Company may, for any reason, with or without notification to you and at The Company's sole discretion, remove from the Site any and all Songs that you have uploaded to the Site;
- acknowledge and agree that the Company makes no warranty or representation whatsoever as to the fitness of the Site to distribute Songs or that any of the Songs will be distributed in any way;
- acknowledge and agree that the Company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM: (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF SONGS; OR (iv) ANY OTHER MATTER RELATING TO THE SITE; and, finally,
- acknowledge and agree that this Agreement (a) shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, United States, applicable to contracts wholly made and wholly performed in that state; (b) shall constitute the entire agreement between the parties with respect to the subject matter hereof, regardless of and superceding any written, oral or implied agreements regarding the subject matter; and (c) may only be modified by a written amendment signed by both parties
When you upload music to gimmesound.com (the "Site"), you represent and warrant that you own all necessary legal rights to upload, stream, download and otherwise digitally distribute any songs you have uploaded to the Site (the "Songs"). That means you own all the rights to perform and distribute the music -- and the right to be paid for selling downloads of that music. Please do not upload any music to gimmesound.com unless you own all the rights to perform and distribute that music.
Here's how artists get paid:
It’s a 50/50 split
. That means half our revenue goes directly to paying artists based on the number of downloads each artist generates.
It works like this: every month we take half our net revenue
and divide it by the total number of downloads that month. This gives us an amount to pay you for each download of your songs for that month. Every month we credit your Payment Account for the total amount due for all of your songs that were downloaded that month.
For example: let's say that half our net revenue is $1,000 in a given month, and there were 2,000 songs downloaded during that month. For that month, your Payment Account would be credited $0.50 for each download of a song that you own the rights to. So, if one of your songs was downloaded 20 times and another of your songs was downloaded 50 times, your Payment Account would be credited $35.00 (70 downloads total times $0.50 per download). Of course, real numbers will not necessarily be anything like this example.
Every month the amount we pay per download may differ, but every artist gets the exact same amount per download. In the example above, every artist got $0.50 per download. Let's say that in the next month, half of our net revenue is $1,500 but the total downloads remained the same (2,000 downloads). For this month, each artist gets $0.75 per download. Once again please remember that real numbers may not necessarily be anything like this example.
While we cannot guarantee the the amount per download will be the same every month, we do guarantee that we will split our net revenue 50/50 with all the artists every month.
Payments are made using PayPal
By the end of every month, we pay all artists whose Payment Account is at least $100. Each time we pay, we send an email to everyone whose Payment Account is at least $100. If your Payment Account is at least $100.00 and you do not have a PayPal account, you will get an email explaining how to claim your payment.
Net Revenue Defined:
We define net revenue as the amount of advertising and sponsorship revenue paid to gimmesound.com, less payments to salespeople and agencies who sell for us. That's it. We do not include any overhead, production costs, research & development, programming, hosting, A&R, marketing, PR -- nothing else comes out of net revenue. All the other costs associated with running this business and providing this free service to you come out of our half.