Terms and Conditions
for use of Hipster Bait by Artists
This is a legal agreement made between you (“You” or the “Band Representative”) and Hipster Bait Ltd. (“HBL").
- 1. HBL owns and operates the non-linear, digital, new media product with the working title of "Hipster Bait”, composed of online and offline elements including websites, mobile apps, and physical tokens (the “Platform”). By You completing the signup form and submitting a master recording of a musical composition (the “Song”) to HBL, You agree to provide HBL with certain exclusive rights in the Song for a limited period of time in exchange for use of the Platform, under the terms and conditions of this Agreement.
- 2. You represent that You hold all of the rights in the Song granted to HBL under this Agreement, including but not limited to the rights of all of the Song’s composers, writers, performers, producers, recording engineers, and other creators (collectively, the “Artists”). If anyone, including any of the Artists, claims damages against HBL, you agree to defend and indemnify HBL against those claims, including legal costs and fees. You agree that in no event shall HBL, its parent, subsidiaries, officers, directors, employees or suppliers be liable for lost profits or any direct, special, incidental, consequential, indirect or punitive damages arising out of or in connection with the Platform or this Agreement (however arising, including negligence).
- 3. You also confirm that the Song or any similar work has never been published or in any way released to the public.
- 4. The rights that You grant to HBL under this Agreement will automatically terminate and revert back to You after SIXTEEN (16) weeks of You entering into this Agreement (the “Secret Discovery Period”). During the Secret Discovery Period:
- a. HBL may copy, distribute by physical or online media, in any file or streaming format and throughout the universe, all or any part of the Song in or in connection with the Platform. HBL may also use the Song or any part or parts thereof in unlimited numbers of plays either synchronously or asynchronously in connection with advertising and publicity of the Platform in any physical or online media format, including streaming. However, there is no obligation for HBL to use or distribute the Song in any way at all.
- b. HBL is not required to identify You or the Artists.
- c. HBL shall have the exclusive right to distribute or release the Song anywhere in the universe. No one other than HBL may distribute or release or make available in any way the Song or any part or derivative of the Song, in any medium or any manner. This includes You and the Artists.
- d. You may not publicly or privately reveal the creators of the Song.
- 5. After the Secret Discovery Period, HBL will not have any rights in the Song.
- 6. HBL may terminate its obligations under this Agreement at any time, without notice to you. Your obligations to defend and indemnify HBL under this Agreement will survive any termination of this Agreement.
- 7. HBL, its parent, subsidiaries, officers, directors, employees and suppliers provide the Platform “as is” and without any representation, warranty or condition, express, implied or statutory. HBL specifically disclaims any implied representation, warranties of title, merchantability, merchantable quality, fitness for a particular purpose and non-infringement, and those arising by law or through a course of dealing or usage of trade, unless specifically required by law.
- 8. This Agreement shall be governed by the laws of British Columbia and of Canada applicable in British Columbia for contracts made and performed entirely within British Columbia. The courts of British Columbia and of Canada shall have exclusive jurisdiction in the event of any dispute arising under this Agreement.
- 9. This written Agreement is the entire agreement of the parties with respect to its subject-matter and may only be amended by further written agreement signed by all parties.