If you reside outside of the United States, please be advised that the United States does not offer safeguards to protect personal information that are as stringent as some other jurisdictions in the world. The European Union does not consider U.S. privacy safeguards to be adequate to protect personal information. Notwithstanding the lack of adequate privacy safeguards in the United States, you consent to the transfer and processing of your personal information to the United States and to our use and sharing of your personal information in accordance with the terms of this Agreement and our Privacy Statement.
- Scope of Agreement. This Agreement governs any Content that you provide to us now or in the future. As used in this Agreement, “Content” means any articles, content, personal information, or other materials that you submit to us for publication on Fresh Music Freaks. We reserve the right to publish or not publish any Content you submit.
- Rights Granted. In exchange for our providing you with this platform for expression and with potential exposure to Fresh Music Freaks readers, which you agree is valuable consideration, you grant us a non-exclusive, perpetual, worldwide, royalty-free license to use, publish, reproduce, modify, adapt, license, sublicense, distribute, sell, perform, translate, and display your Content (including any drawings, images, sounds, video recordings, or other data embedded in your Content and including adaptations or derivative works based on your Content) for any purpose, in any language, and in any manner or medium (now existing or hereafter developed) (the “Rights”). All Rights granted to us pursuant to this Agreement are irrevocable and vest immediately upon publication of your Content on Fresh Music Freaks. You retain ownership of the copyright in your Content, subject to the rights granted to us in this Agreement. If you decide to republish your Content elsewhere, you agree to include the following disclosure: “Previously published by Fresh Music Freaks at https://freshmusicfreaks.com.”
- No Confidential Relationship. We do not wish to receive or hold any materials from you in confidence. Therefore, you agree that no confidential relationship or obligation of secrecy is established between you and us with respect to your Content. You irrevocably agree not to assert any claim of idea appropriation, misappropriation, or any other similar claims of any kind with respect to your Content.
- Author Profile Page. If your Content is accepted for publication on Fresh Music Freaks, you can work through our author profile page to promote yourself and broadcast your voice to our audience. Your author profile page may allow any interested Fresh Music Freaks readers to contact you by email. Any emails sent to you through your author profile page will be accessible by us and may be used by us pursuant to the terms of our Privacy Statement. If you do not wish to receive (and have us receive) emails through your author profile page, please do not submit Content to us through this forum.
- Limitations and Disclaimers. We may publish without restriction other content on the same or similar topics as that of your Content. We make no representations, warranties, or promises whatsoever regarding the nature or level of exposure that you or your Content will receive through Fresh Music Freaks, and you agree that we have no obligation to you under this Agreement, or under any law, or in equity, in connection with any of your Content that we may use. We expressly disclaim all warranties of any kind, express or implied including any warranty of merchantability, quiet enjoyment, or fitness for a particular purpose.
- Anonymous Submissions. If you wish to have your Content published under the name “Anonymous” please advise us on your submission form (we will still need your real name and email address on your submission form). While we will endeavor to honor requests to publish content anonymously, we make no guarantee that your Content will be published anonymously and we disclaim any responsibility whatsoever for any harm resulting from not publishing your Content anonymously. Moreover, even if your Content is published anonymously, we make no guarantee that your identity will remain anonymous and we disclaim any responsibility whatsoever for any harm resulting from the intentional or unintentional disclosure of your identity.
- Public Availability of Content. You understand that Fresh Music Freaks receives significant traffic and is accessible to anyone on the Internet. You should not provide us with any Content that is private, infringing of someone else’s intellectual property rights, or defamatory. Anything posted on Fresh Music Freaks will be available to anyone on the Internet. You are solely responsible for any legal or other repercussions that occur as a result of your Content posted on Fresh Music Freaks. We assume no responsibility or liability which may arise from your Content. We are under no obligation to modify or delete your Content once it is posted on Fresh Music Freaks, but reserve the right to do so in our sole discretion.
- NO COMPENSATION. IF YOU THINK YOU SHOULD BE PAID OR OTHERWISE COMPENSATED FOR YOUR CONTENT, PLEASE DO NOT SUBMIT IT TO US THROUGH THIS FORUM. THIS FORUM IS INTENDED ONLY FOR PERSONS WHO BELIEVE THEY WILL BENEFIT PERSONALLY OR PROFESSIONALLY FROM PUBLICATION OF THEIR CONTENT WITHOUT COMPENSATION. YOU ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO COMPENSATION OR REIMBURSEMENT OF ANY KIND FOR YOUR CONTENT OR ANY OF YOUR ACTIVITIES RELATED TO YOUR CONTENT. YOU ACKNOWLEDGE THAT WE MAY BENEFIT COMMERCIALLY FROM YOUR CONTENT, INCLUDING BY ATTRACTING ADVERTISING TO FRESH MUSIC FREAKS, BY INCREASING THE VALUE OF FRESH MUSIC FREAKS, AND IN OTHER WAYS. YOU FURTHER ACKNOWLEDGE THAT WE HAVE NO OBLIGATION TO PROVIDE YOU WITH ANY DATA OR ANALYTICS OR OTHER INFORMATION THAT WE MAY OBTAIN OR CREATE (INCLUDING PAGE VIEW DATA) CONCERNING YOUR CONTENT OR FRESH MUSIC FREAKS.
- Reservation of Rights. We reserve the right, in our sole discretion, to (a) edit your Content; (b) supplement or co-mingle your Content with our trade names, trademarks, and service marks and with content provided by us or by third parties; (c) remove your Content from Fresh Music Freaks; and (d) benefit commercially from your Content.
- Your Representations to Us. You represent and warrant to us that (a) you are 18 years of age or older and have provided us with your real name and email address on our submissions form; (b) your Content is an original work created by you; (c) you own the copyright in your Content; (d) your Content does not contain any express or implied statements of fact that are untrue, false, or misleading; (e) your Content does not infringe the copyrights, trademarks or other rights of any third party; (f) your Content does not contain any viruses, worms, malware or other harmful or destructive material; and (g) your Content does not contain any defamatory, libelous, obscene, pornographic, threatening, abusive, harassing, or similarly unlawful material. You further represent and warrant that you will abide by all applicable Federal Trade Commission (“FTC”) requirements, including the FTC’s endorsement guides (16 CFR Part 255) and will at all times err on the side of full disclosure and avoid any conflicts of interest or the appearance of conflicts of interest with respect to your Content. This means, for example, that you will not write about a product, service, or business in which you have a financial interest unless you clearly and conspicuously disclose that financial interest. For additional details see https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking. You will indemnify and hold us harmless against any damages sustained or expenses incurred (including reasonable attorneys’ fees) in connection with any claim, action or proceeding based on an actual or alleged violation of these representations and warranties.
- No Partnership. You acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between you or us (each a “Party” and together the “Parties”).
- Binding Effect. The terms of this Agreement are binding upon, and will inure to the benefit of the Parties, including their respective licensees, successors, and assigns. We may assign, license or transfer any or all of the Rights you have granted to us to any other person or entity. Except as expressly provided in this Agreement, there are no third-party beneficiaries to the Agreement.
- Severability. If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of the Parties.
- No Waiver. No delay or failure by either Party in exercising any right under this Agreement, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Agreement will not be deemed a waiver of future enforcement of that or any other right.
- Law and Venue. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Indiana without regard to conflict/choice of law principles. Each Party hereto irrevocably consents to the exclusive jurisdiction and venue of any federal or state court within the County of Marion, Indiana in connection with any matter arising out of this Agreement, agrees that process may be served upon them in any manner authorized by the laws of the State of Indiana, and waives and covenants not to assert or plead any objection which they might otherwise have to such jurisdiction, venue, or process.
- Entire Agreement/Headings. This is the entire agreement between the Parties, and any changes must be agreed to in writing signed by the Parties. The headings used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement.
Effective: January 01, 2019