ARTIST terms OF service

Last Updated: January 26, 2021

 

Shout Out Videos

From time to time, a user of our Site (“User”) may request one or more video recordings (each, a “Shout Out Video”) from you through our Site.

  1. While we hope you will fulfill a request within 48 hours of receiving it, you will have up to seven days to complete and upload the Shout Out Video. If you do not either: (i) accept the request and upload the Shout Out Video; or (ii) decline the request; the request will expire and can no longer be fulfilled. You may decline a request or otherwise refuse, in your discretion, to create or upload a Shout Out Video if a User’s request is objectionable or otherwise offensive to you. If you accept a request, you agree to record and upload to our Site one Shout Out Video.

  2. CCM Shout Out retains the right, in its sole discretion, to cancel any request from a User. No payment will be made to you for any declined, cancelled, or unfulfilled Shout Out Video request.

  3. Each Shout Video will be approximately 30-60 seconds in duration and will follow the general directions and requests of the User (for example, birthday message, congratulatory message, or “Good luck!” message). You will have sole discretion over the script and content of any Shout Out Video, except that you agree: (i) you will use your name (please introduce yourself), the User’s name, and the name of any third party that the User identifies as a recipient (“Recipient”) in each Shout Out Video, unless otherwise requested by the User; and (ii) you will not state in the Shout Out Video that the Shout Out Video is incomplete or cannot be completed. Your response to the User’s request is your responsibility and at your discretion, subject to these Terms; however, Users are usually happiest when at least the majority of their request is followed by a Talent User. If you complete a Shout Out Video but do not follow the general directions and requests of the User, we will discuss with you an appropriate adjustment of the payment made to you.

  4. You have the option of including a Premium Shout Out Video option in addition to the standard Shout Out Video.  This should be a longer video of approximately 60 to 180 seconds that should include something additional such as singing the fans' favorite song, singing "happy birthday", or including the full band, etc.  You set what is being offered in these Premium Shout Out Videos and the additional fee to be collected.   Premium Shout Out Video offerings are optional.  

 

Fees and Payment

  1. Booking Fee: You set your own price for each Shout Out Video and any other offering you choose to make available through the our platform, provided that it is a minimum of $29 USD.

  2. Fees: We will pay you 75% of the Booking Fee actually received by CCM Shout Out for each Shout Out Video or other CCM Shout Out product offering that you created and delivered to fulfill a User’s request that you accepted through our Site after subtracting any payment to or deduction for payment processing (credit card fees). In addition, if the offering permits a User to designate an additional amount as a “tip”, we will pay you 75% of any amount paid by a User via our Site as a “tip" (after subtracting any payment to or deduction for payment processing).

  3. Fees and Payment Representations and Warranties: You represent and warrant that: (i) Shout Out Videos are not, and are not intended to be, covered by any guild, union, collective bargaining, or similar agreement and there will be no residual or any other type of payment due from CCM Shout Out to you, to any third party, guild, or union, or pursuant to any collective bargaining agreement, in connection with any Shout Out Video, payment from us to you, or our Site; (ii) CCM Shout Out is not responsible for, and will not make any deduction to payments made to you for any fees, commissions, costs, expenses, or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Site; and (iii) CCM Shout Out is not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or income taxes.

  4. Payment: CCM Shout Out will send payment to artist via PayPal or Venmo (which ever the Artist prefers).  Other payment services will also be considered at CCM Shout Out's discretion.  Payments will typically be made within 24-48 hours after receiving the completed Shout Out Video from the Artist.  However, payments may take up to seven days to be sent.  You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. You acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including with respect to your bank account and foreign exchange fees.

  5. Currency: Payments via the payment provider are in U.S. dollars unless the payment provider permits you to choose another currency and you do so.

  6. Fundraising: If you identify any entity on your booking page or elsewhere on our Site as a charitable organization or a recipient of any funds that you are raising (each, a “Charity”), you: (i) represent and warrant that you will comply with all applicable laws and regulations relating to that identification or the Charity, including making disclosures, registering, or entering into any agreement, such as a commercial co-venturer agreement; (ii) acknowledge and agree that we have the right in our sole discretion to reject your identification or the Charity; (iii) represent and warrant that the Charity is and will remain in good standing at all times the identification is used, that within 48 hours of your receipt of our request, you will provide us with written evidence of the Charity’s good standing and charitable status in all applicable jurisdictions, and that you will promptly remove the identification if the Charity ceases to be in good standing; (iv) represent and warrant that you will be responsible for making any payment to the Charity (unless we expressly agree in writing in advance to do so on your behalf and in satisfaction of our payment obligations to you under these Terms); and (v) represent and warrant that you have all rights necessary to authorize use of the Charity’s name and logo in connection with (and on) our Site, in the identification, and in any social and other media. You further acknowledge and agree that we may add a statement to your booking page disclaiming a connection between CCM Shout Out and the Charity, as we determine in our sole discretion.

Content

  1. License Grant to Artist Content: When you upload, submit, store, send, transmit approve, or receive Talent Content to or through our Site, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable, perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes we make so that Artist Content works better with our Site or otherwise), and to use your Artist Content for the purposes of operating and providing our Site, to develop and improve our products and services, and to advertise, market, and promote our Site, products, and services, and you agree that such Artist Content may, in CCM Shout Out’s sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. Please remember that third parties (including Users) may search for and see any Artist Content you submit to public areas of our Site. You agree that we may display advertising with or in connection with your Artist Content. You further acknowledge and agree that CCM Shout Out has no obligation to you in connection with any advertising displayed on or in connection with our Site (including no obligation to share any revenue received by CCM Shout Out as a result of any such advertising).

  2. License Grant to Users:  For each Shout Out Video, you hereby grant to the User and the Recipient a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the Shout Out Video, in each case, solely in accordance with the Site Terms, in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms).​

  3. Right to Remove Shout Out Videos: You acknowledge and agree that we cannot restrict the use of your Shout Out Videos or other offerings by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) and we have no obligation to remove those uses (including from social media channels or third party websites or platforms). If we do seek to remove a Shout Out Video from a social media channel or third party website or platform, we may notify you of our intent to do so. You will promptly notify us if you learn that any Shout Out Video is being used in violation of the Site Terms. We will reasonably cooperate with your efforts to address the violation. However, you acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to use of the Shout Out Video for any reason.

  4. Licenses: Please note that the licenses granted are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Artist Content, by us, Users, or third parties (including Recipients), other than the payment set forth in these terms above. 

  5. Artist Content Representations and Warranties: You represent and warrant that:

    1. you own all rights in and to your Artist Content and that you have the right to grant the rights described in these Terms;

    2. you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Artist Content, Users, or third parties (including Recipients) as described in these Terms;

    3. your agreement to, and provision of services under, these Terms does not violate any agreement that you may have with any third party;

    4. your Artist Content does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order;

    5. you will not post or make publicly available any Shout Out Video that the User has requested not be posted to your booking page;

    6. you will not contact, respond to, or communicate with any User that you meet on or through our Site, except as expressly permitted through our Site;

    7. you will not provide your contact information to any User or send merchandise or anything else to a User other than as permitted by these Terms;

    8. you will not edit, change, modify, or remove the watermark from any Shout Out Video or assist or encourage any third party to do so.

  6. Treatment of Artist Content: Any Artist Content is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Artist Content, including any personal information included in that Artist Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our Site or submit any Artist Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Artist Content. None of your Artist Content will be subject to any obligation of confidence by us, Users, or third parties (including Recipients), and we will not be liable or responsible for any use or disclosure of any Artist Content.

  7. Refusal and Removal of Artist Content: We may refuse to accept or transmit Artist Content for any reason without notice to you. We may remove Artist Content from our Site for any reason without notice to you.

  8. Cancellation of Site Account: If you cancel your Site account, you may, on at least three business days’ advance written notice to us, request that we no longer include your Shout Out Videos on our Site and that we not make any new public use of them. As noted in above, we have no obligation as to any use of your Shout Out Videos by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) (including from social media channels or third party websites or platforms).

Questions?

If you have any questions about these Terms of Service please contact us at info@ccmshoutout.com. 

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