I have read and agree to the Durable Licensing Agreement.
1. Terms and Conditions. Defined terms used herein but not defined shall have the meaning set forth in the Rbeatz Terms and Conditions (https://rbeatz.com/terms/) (“Terms”). This License and the Terms, including Section 12 (Warranty and Disclaimer) and Section 13 (Limitation) of the Terms constitutes all the terms and conditions agreed upon between me and Rbeatz. If any inconsistency exists between this License and the Terms, the Terms shall control.
2. Grant of Rights; Term. For good and valuable consideration, including any exposure and public recognition I may receive, receipt of which is hereby acknowledged, I, on behalf of myself, my representatives, and heirs hereby acknowledge that by Submitting User Content to Rbeatz, I grant Rbeatz a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a maximum term equal to the duration of this License plus twenty (20) years), irrevocable, fully paid, universal right and license (but not the obligation) to host, stream, copy, publicly perform, synchronize to a visual and/or audio visual work, promote (e.g. sweeps, promotions, bumpers, etc.), advertise, print, archive, and otherwise unlimitedly use, including to the public (e.g. perform, display and give the public the ability to comment on and critique), publish, critique (good or bad), rank and compare to other songs (regardless of genre), translate, modify, exploit, prepare derivative works for, and distribute any of the User Content and to use my name, persona, biographical material, nickname(s), voice, image, signature, portrayal, performance, appearance, actions, likeness, and/or any other reproduction of my physical likeness, whether alone or in conjunction with others, in connection with the Service through any medium (including Rbeatz’ website and its various streaming channels/stations such as “rBeatz Radio”, “Oui Global Radio”, “25/8/366 Radio”, “USA Heroes Radio”, “The Vessel Radio”, “rKidz Beatz Radio” and other channels stations now in existence or hereinafter created, app(s), various YouTube channels [e.g. https://www.youtube.com/channel/UCgFYvmt5tI8VZksg3UZpqTw], and social media pages), whether alone or combined with other content or materials, in any manner or media and by any means, method or technology, whether now known or hereafter created.
3. Representation, Warranties, and Covenants. I hereby represent, warrant, and covenant to Rbeatz that (i) I am at least 18 years of age, (ii) I have read this License and the Terms, (iii) I am the sole owner of the rights, including copyrights, I am granting herein; (iv) I have the right, power, and authority to enter into this License, have full power and authority to convey the rights, title, and interest herein, and am not a party to any agreement, which could interfere with or restrict in any way the rights granted in this License, (v) no consents, authorizations, clearances, licenses, or releases need to be made by me to any party for use of the User Content as set forth herein and in the Terms, and (vi) Rbeatz exploitation of the User Content as set forth herein will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, unfair competition, contractual, defamation, and/or privacy or publicity rights.
4. Waiver; Indemnification. I hereby irrevocably waive any right to seek an injunction or other equitable relief or to otherwise prevent the full exploitation of the User Content as set forth herein and in the Terms. I hereby irrevocably waive, release, indemnify, defend (at Rbeatz’ option) and hold Rbeatz and its principles, affilates, and its and their members, officers, principals, representatives, successors, and assigns harmless from any and all claims, demands, actions, losses, liabilities, damages, costs and expenses (including, without limitation, attorneys’ fees and costs) arising by reason of any breach or threatened breach by me of any agreement, representation, warranty, covenant, or term of this License and/or the Terms.
5. Miscellaneous. This License shall be governed by the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. Any claim or dispute arising out of or relating to this License or the breach hereof shall be resolved by Arbitration as set forth in Section 18 of the Terms. The parties also hereby agree that Rbeatz will not be liable for any special, punitive, exemplary, indirect or consequential damages under this License. This License shall inure to the benefit of and be binding upon the parties and its/his/her affiliates.
