1. This Agreement governs the relationship between Castro Music Ltd, trading as Castro Music of 20-22 Wenlock Road, London, England, N1 7GU, Company No. 10624491 (‘us/we/our’) and ____________________ (‘you/your/the Artist’) in respect of any musical works or sound recordings (‘Works’) that you submit to us for inclusion in any of the services (‘Service’) as defined on www.castromusic.com, in writing or verbally agreed.
2. Grant of Rights.
2.1 In consideration of the sums payable to you and the services provided by us pursuant to this Agreement, you grant to us and our licensees for the term of this Agreement:
A) a non-exclusive world-wide licence to use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit and make available by all means and media (whether now known or existing in the future) the Works for distribution in the Service and for all promotional purposes including without limitation for the purposes of internet radio broadcast; and use, reproduce and display in the Service any trade marks, service marks or trade names relating to you and the name and likeness of you and the band/artist whose performances are embodied in the Works;and where you subscribe to our PPL Airplay Royalty Registration Service you additionally grant to us in respect of the Works for the term of this Agreement:
B) a royalty free, world-wide exclusive licence of the following rights as these rights are defined in the 1988 Copyright, Designs and Patents Act:
• The Performing Right
• The Dubbing Right
• The New Media Communication Right
• The New Media Dubbing Right
• The Foreign Rights Management Right
• The International New Media Communication Right
• The International New Media Dubbing Right
3. You grant to us (on behalf of yourself) all necessary consents under the Copyright, Designs and Patents Act 1988 (‘Act’) and any modification or re-enactment thereof to enable us to make the fullest possible use of the Works in accordance with the provisions of this Agreement including without limitation any and all consents required under Part II of the Act. The Artist will hold copyright at all times.
4. Standard Service prices shall be listed at www.castromusic.com, agree verbally or in writing. Services carried out shall be as listed on www.castromusic.com at time of purchase. We reserve the right to renegotiate payment amount in the event that additional non-standard services are requested. In such case all prices shall be agreed by both parties in writing and paid in full before commencement. We are not obliged to provide any services above and beyond what has been paid for. Upon third party failure to fulfil service we shall assist with ‘best endeavours’ but are not responsible or liable for such failure.
5. Payment shall only be made to You if accumulated outstanding earnings exceed 25GBP. This threshold shall be carried over until such a time as it is attained. Only monies earned within the preceding months shall be paid and only if received from retailer/licensee. As regards royalty payment to You, any transaction charges shall be passed on. You agree that Your user account and revenue may be frozen at Our discretion if We believe that materials submitted to Us by You are illegal, fraudulent or violate the terms of service of Castro Music or any of Our partners. If such submitted material is found to be as the previous sentence then service fees paid to Us and also subsequent royalties shall be forfeited. You agree that royalty payments will only be made once We have received appropriate and verified licensing documents to cover the volume of sales in appropriate territories.
6. You warrant, agree and undertake both on behalf of yourself that the Works are original to you and have not been copied from any third party; the Works do not infringe any copyright, trademark or other proprietary or intellectual property rights of any third party or include any material which are defamatory of any party or obscene; you are not under any disability, restriction or prohibition, whether contractual or otherwise with respect to your right, power and authority to enter into and perform this Agreement and grant the rights herein expressed to be granted to us and in particular, the Works do not contain any viruses or other programming routines that detrimentally interfere with computer systems or data. You warrant that you have obtained appropriate licensing for cover versions for release within territories needing such.
7. You agree to indemnify and reimburse Us in full via Your royalty balance and/or separate payment against any claims, liabilities, damages, losses or expenses (including legal fees) suffered or incurred by us as a result of your breach of any of the warranties or undertakings in this Agreement, or any claims by any third party including but not limited to claims for payment of outstanding debts for services provided or goods supplied by such third parties.
8a. This Agreement may be terminated by you upon 1 days written notification (including notification by email) of such termination providing there are no outstanding payments due to us and that such may be taken from your royalty balance. It is your obligation to cancel the storage and maintenance subscription at this point. Any further subscription payments shall be forfeited. Upon contract termination We shall instruct our partners within 30 days to remove recordings from all platforms. We are not responsible for third-party exploitation after removal instruction. You are responsible for any third-party take-down fees.
8b. This Agreement may be terminated by us upon 1 days written notification (including notification by email) of such termination providing there are no outstanding Services due to you. Upon cancellation in this regard, We shall instruct our partners within 30 days to remove recordings from all platforms. For any service requiring a subscription we may cancel (at our discretion) the Service without reimbursement if such subscription becomes no longer active. We are not responsible for third-party exploitation after removal instruction. You are responsible for any third-party take-down fees.
8c. Refund shall only be given if We are proven to be in direct violation of this Agreement.
8d. We have the right to terminate this Agreement immediately if We believe You are engaging in fraudulent or illegal activity, or following any behaviour deemed by Us as threatening, disrespectful, unprofessional or otherwise carried out by You or any associated parties. Any breach of our terms and conditions by You would result in a non refund of payment.
9. The Artist will submit all content in a Work within a reasonable and pre-agreed time for release and distribution in an agreed format. Upon late submission We shall try best endeavours to perform the agreed Services. We are not obliged to commence Services before receipt of ALL necessary content. Castro Music is not responsible for third-party failure to make content commercially available, remove content from sale, adhere to instructions submitted or fulfil any action requested in any way by You or Us.
10. The Artist and representatives shall at all times refer to available help material before contacting us. This includes all known resources provided by us, including but not limited to help documents, online data, written and oral advice. Subject to our discretion, violation of this will lead to Agreement cancellation after one written warning from us.
11. Each party to this agreement shall keep confidential all information disclosed within the agreement and up to two years after termination.
12. You shall provide accurate contact details for you and/or your representative(s). If supplied payment details are inaccurate any monies paid towards You using these incorrect details shall be forfeited.
13. In the event that we are required to perform Catco/PPL registration on your behalf you grant us permission to act as rights holder for all submitted tracks. This copyright is for purely administrative purposes and is a legal requirement of the PPL. This does not affect any other copyrights mentioned in this Agreement.
14. A ‘fair usage policy’ applies to the Unlimited Distribution package, which can be enforced at Our discretion. This package is intended for individual artists rather than labels, applies only to releases uploaded by You via www.castromusic.com, and is digital distribution to the ‘Essentials’ package only with no services or bolt-ons added.
15. Neither party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to ‘acts of God’, war, civil commotion or industrial dispute. If such act shall make performance of this Agreement impossible for more than three months shall be treated as frustrated and terminated at that date.
16. This Agreement constitutes the entire agreement between us in respect of the subject matter of it and no terms, obligations, representations, promises or conditions, oral or written, express or implied have been made or relied upon, other than those contained in it. The provisions contained in each clause and sub-clause of this Agreement shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.
17. This Agreement shall be construed and performed in all respects in accordance with and shall be governed by the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the English courts. In the event of a dispute between the Parties arising out of this deed, they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18. Unless terminated under clause 8a, 8b, 8c, 8d or 14 the term of this Agreement shall be one year from the Effective Date written below and will automatically renew for successive one year periods unless either Party provides written notice to the other Party to terminate this Agreement at least 30 days before the next anniversary of this Agreement.
19. The Parties agree that no third party will acquire any third party rights under this contract, and the provisions of the Contracts (Rights of Third Parties Rights) Act 1999 are expressly excluded.
This agreement was most recently updated on 01/01/2014.
Welcome to the Castro Music Ltd Site, which is located at www.castromusic.com (the “Site”). The following Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Site and Castro Music Service (as defined below). Purchase of any product or service on the Site constitutes your agreement to and acceptance of all the TOS.
Castro Music Ltd reserves the right to revise this TOS in its sole discretion at any time and without prior notice to you other than by posting the revised TOS on the Site. Any revisions to the TOS are effective upon posting. The TOS will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of this TOS. Your continued use of the Site after a revised version of this TOS has been posted by Castro Music to the Site constitutes your binding acceptance of such revision and the revised TOS. Notwithstanding the preceding sentences of this paragraph, no revisions to this TOS will apply to any dispute between you and Castro Music that arose prior to the date of such revision.
1. The Castro Music Service. Castro Music provides a number of Internet-based services and products through the Site (all such services, collectively, the “Castro Music Service” and “Products”). Castro Music users may create and purchase individual Products for their own use or sell Products through the Site. Users who are artists and who would like to sell Products for digital download must also enter into the Digital Rights Agreement, found here: https://castromusic.com/terms-and-conditions
2. Use of the Site and Castro Music Service.
(a) Eligibility. Castro Music will only knowingly provide the Castro Music Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Castro Music Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Castro Music Service is not intended for children under the age of 13.
(b) Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Castro Music Service and the Site.
(c) Your License to Use the Site and the Castro Music Service.
(1) Castro Music and its licensors solely and exclusively owns all intellectual property and other right, title and interest in and to the Castro Music Service and Site, except as expressly provided for in these TOS. You will not acquire any right, title or interest therein under these TOS or otherwise.
(2) Castro Music grants you a limited revocable license to access and use the Site and the Castro Music Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Site for purposes prohibited by Castro Music; create derivative works based on the Products or any third party content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this TOS, Castro Music may revoke the license granted to you.
(3) This Section 2(c) does not pertain to your intellectual property rights. Any rights relating to materials that you upload to the Site are covered by the Digital Rights Agreement (https://castromusic.com/terms-and-conditions).
3. Rules For Use Of the Site.
(a) Prohibited Use. Except as may be expressly permitted by Castro Music, you may not: (i) interfere with the Castro Music Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Castro Music Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Castro Music Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain Castro Music’s name or trademarks; (viii) engage in any activity that interferes with another user’s ability to use or enjoy the Castro Music Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
(c) Ordering Products. If you purchase Products, you agree to do so in accordance with Castro Music’s Customer Bill of Rights below. Title to Products that you buy will pass to you upon delivery of the Products to the common carrier.
* If you need to cancel your order, contact Customer Service by email: email@example.com. Our service hours are from 7:00am PST to 5:00pm PST Monday through Friday. Please include the order number of the item that you would like to cancel. If you’ve already completed an order and wish to add a new item to that order, you’ll need to cancel that order and place a new order. Please note that if your order has already been processed, you may not be able to cancel it or modify it.
(d) Monitoring. Castro Music reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If Castro Music determines, in its sole and absolute discretion, that you or another Castro Music user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Castro Music may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
(e) Modification of the Service. Castro Music may modify the Castro Music Service at any time with or without notice to you, and will incur no liability for doing so.
4. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant Castro Music permission to use such submissions for marketing and other promotional purposes. You agree that Castro Music will have no obligation to keep any Submissions confidential and you will not bring a claim against Castro Music based on “moral rights” or the like arising from Castro Music’s use of a Submission.
5. Representations and Warranties.
(a) Mutual Representations and Warranties. You represent and warrant to Castro Music and Castro Music represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
(b) By You. You represent and warrant to Castro Music that, in your use of the Castro Music Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Castro Music that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions; (ii) Castro Music will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that Castro Music incurs in providing the Castro Music Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
6. Disclaimers, Exclusions, and Limitations.
(a) DISCLAIMER OF WARRANTIES. CASTRO MUSIC PROVIDES THE SITE AND CASTRO MUSIC SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CASTRO MUSIC DOES NOT REPRESENT OR WARRANT THAT THE SITE, CASTRO MUSIC SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. CASTRO MUSIC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. CASTRO MUSIC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CASTRO MUSIC SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY CASTRO MUSIC TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
7. Indemnification. You will indemnify and hold Castro Music and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify Castro Music under this Section, Castro Music will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Castro Music’s express written permission.
(a) Termination. Castro Music may suspend or terminate your use of the Site or Castro Music Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
(b) Survival. These TOS will survive indefinitely unless and until Castro Music chooses to terminate them.
(c) Effect of Termination. If you or Castro Music terminates your use of the Site or the Castro Music Service, Castro Music may delete any Submissions or other materials relating to your use of the Castro Music Service on Castro Music’s servers or otherwise in its possession and Castro Music will have no liability to you or any third party for doing so.
9. Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Castro Music, you must use the following addresses: Castro Music Ltd, 20-22 Wenlock Road, London, England, N1 7GU or firstname.lastname@example.org. If Castro Music provides notice to you, Castro Music will use the contact information provided by you to Castro Music. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
10. Dispute Resolution.
(a) Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND CASTRO MUSIC AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
(b) Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Castro Music, to you via any other method available to Castro Music, including via e-mail. The Notice to Castro Music should be addressed to: [Castro Music Ltd / 20-22 Wenlock Road / London, England / N1 7GU] (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Castro Music do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Castro Music may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Castro Music, then Castro Music will promptly reimburse you for your confirmed payment of the filing fee upon Castro Music receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
(c) Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Castro Music agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) No Class Actions. YOU AND CASTRO MUSIC AGREE THAT YOU AND CASTRO MUSIC MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
(e) Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that this Agreement and your use of the Services and the Website evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
(f) Applicable Law. This Agreement and your use of the Services and the Website shall be governed by the substantive laws of the United Kingdom without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and Castro Music under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in London, England and you and Castro Music hereby submit to the personal jurisdiction and venue of these courts.
(g) Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Castro Music seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Castro Music or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Castro Music, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in this Agreement.
(h) Claims. You and Castro Music agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement, the Services or the use of the Website, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
(i) Improperly Filed Claims. All claims you bring against Castro Music must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Castro Music may recover attorneys’ fees and costs up to $5,000, provided that Castro Music has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
11. Notice and procedure for making claims of copyright or other intellectual property infringements.
(a) Castro Music respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Site or the Castro Music Service.
(b) Castro Music’s intellectual property policy is to (1) remove material that Castro Music believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (2) remove any Products or Submissions posted to the Site by “repeat infringers.” Castro Music considers a “repeat infringer” to be any user that has uploaded Products or Submissions to the Service and for whom Castro Music has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such Products or Submissions. Castro Music has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Castro Music’s own determination.
(c) Procedure for Reporting Claimed Infringement. If you believe that any Productions or Submissions made available on or through the Site or the Castro Music Service have been used used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
(ii) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
(iii) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Castro Music to locate the material;
(iv)Information reasonably sufficient to permit Castro Music to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
(d) Designated Agent Contact Information. Castro Music’s Designated Agent for notices of claimed infringement can be contacted at:
Via E-mail : email@example.com
Via U.S. Mail : Attn: Castro Music Ltd, 20-22 Wenlock Road, London, England, N1 7GU
(e) Counter Notification. If you receive a notification from Castro Music that material made available by you on or through the Site or the Castro Music Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Castro Music with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Castro Music’s Designated Agent through one of the methods identified in Section 11(d) of this TOS, and include substantially the following information:
(i) A physical or electronic signature of the subscriber;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Castro Music may be found, and that the subscriber will accept service of process from the person who provided notification under Section 11(c) of this TOS above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
(f) False Notifications of Claimed Infringement or Counter Notifications.The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Castro Music] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f). Castro Music reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section 11 should be sent to the Designated Agent at the e-mail or postal address set forth above. Any other comments, compliments, complaints or suggestions about Castro Music, the operation of the Site or the Castro Music Service or any other matter should be sent to firstname.lastname@example.org.
12. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the United Kingdom without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Castro Music. Castro Music may freely assign or transfer any rights granted by you to Castro Music under these TOS. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Castro Music are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect. The headings used in this TOS are for convenience only, do not constitute a part of this TOS, and shall not be deemed to limit or affect any of the provisions hereof.