The D Brief Pre-Interview Questionnaire

TERMS AND CONDITIONS

1. DEFINITIONS

"Attribution" means recitation of the name of the author of a Work and the Work's title within a reasonable time after the work is Broadcast.

"Broadcast" means a production or an acceptable Derivative Work thereof that is played publicly for the benefit of interested listeners, and particularly when such Work is played by a listener accessing a digital file such as a podcast or streaming media file.

"Collective Work" means a work, such as an anthology or encyclopedia, in which the Work in its entirety and unmodified form, along with a number of other contributions, constituting separate and independent works in themselves are assembled into a collective whole. A work that constitutes a Collective Work shall not be deemed to be considered a Derivative Work as defined below. A podcast which contains the Work in combination with many other works would constitute a Collective Work.

"Derivative Work" means a work based upon the Work in which the Work may be recast, transformed or adapted. In the case of a mash of more than one musical work, such a work would constitute a Derivative Work.

"Licensor" means the individual or entity that submits the Work under the terms of this Public License.

"Original Author" means the individual or entity that created the entirety of the Work.

"Podcast" means a specific type of Broadcast, where the Work is incorporated into a file (which may contain one or more works and/or other material) which may be streamed, or played on a computer, on an MP3 player or similar device by individuals who have downloaded such file.

"Work" means each submitted copyrightable work of authorship provided under these Terms of Use.

2. RIGHTS GRANTED: Subject to these Terms of Use, Owner hereby grants to Producer, the following rights:

(a) The world-wide, royalty-free, non-exclusive, right, and to reproduce each Work and the right to allow others to reproduce each Work for the purpose of Broadcasting the Work, promoting the artist, including the right to use and incorporate each Work into a Collective Work, which may itself be Broadcast.

(b) The right, and the right to allow others, to create acceptable Derivative Works from each Work. Derivative Works shall be deemed acceptable provided that the integrity of the Work is not materially disparaged or materially injured in the Derivative Work. This right specifically permits the right, and the right to allow others, to use the Work in combination with other works as part of musical "mashups."

(c) The right, and the right to allow others to distribute copies of each Work in all forms and to perform each Work publicly, including having each Work broadcast and performed via digital audio transmission of each Work.

(d) The right, and the right to have others, use each Work as in (c) above when the Work is incorporated into a Collective Works and/or for all works that are acceptable Derivative Works of the Work.

Owner hereby waives the following rights to any and all musical compositions:

(e) The right to recover performance royalties under blanket licenses, including the right to collect such royalties individually or through a performance rights society.

(f) The right to recover mechanical rights or statutory royalties.

(g) The right to recover any royalty that may be applicable for public digital performance of the Work, such as webcasting or podcasting.

3. RIGHTS RESERVED: All other rights are hereby reserved by Owner, including the copyright ownership rights to the Work(s).

4. ATTRIBUTION: Owner has the right to receive reasonable Attribution every time a Work is Broadcast.

5. REPRESENTATIONS AND WARRANTIES: Owner warrants and represents that: Owner is over the age of 18, and has the full right, power and authority to enter into this Agreement; The Work(s) and all of the components thereof are entirely original and/or Owner owns or controls all of the necessary rights needed to make the Work(s) and to grant to Producer the rights granted hereunder; the Work(s) shall not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
The Work(s) do not contain material that Is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including. but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; does not involve, condone or promote the use alcohol, marijuana, tobacco or weaponry, or that promotes or has a connotation to any illegal activity; does not contain material that impersonates, disguises or conceals any person or entity or otherwise misrepresents a Participant's affiliation with a person or entity does not disparage persons or organizations associated with Producer; or otherwise violates the standards of Producer as determined by Producer in its sole discretion.

6. TERMINATION: Owner may terminate the relationship with Producer at any time, or remove access to submitted works. Upon termination Owner’s submitted works will no longer be played in future Broadcasts, but will remain in podcast episodes produced prior to such Termination. Termination of account will not revoke any licenses granted prior to the Termination of Owner’s account.

7. RIGHT TO REJECT Work(s): Producer reserves the right to reject Works that it deems, in its sole discretion to be objectionable and to restrict, suspend, or terminate Owner’s access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

8. FORCE MAJEURE: Producer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Works. Producer is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from Work(s) of Works.

9. REMEDIES: In no event shall Producer be liable to Owner or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from Owner’s Work(s) of works, even if Producer has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Producer ’s liability to Owner for any cause whatsoever and regardless of the form of the action, will at all times be limited to amount paid, if any, by Owner to Producer for the service.

10. GOVERNING LAW: If there is any dispute about or involving the Work(s) of a Work, the Service or the Website, Owner agrees that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and Owner agree to personal jurisdiction by and venue in the state and federal courts of the State of California.

11. INDEMNIFICATION: Owner agrees to indemnify and hold Producer its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any breach or alleged breach of the terms of this Agreement or of Owner’s representations and warranties set forth above.

12. ENTIRE AGREEMENT: These Terms are accepted upon the submission of Owner’s this form and/or any Work(s). These Terms of Use constitute the entire agreement between Owner and Producer regarding the subject matter hereof. The failure of Producer to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

13. MODIFICATION OF TERMS: Producer may modify these Terms from time to time and such modification shall be effective upon posting on the Website. Owner agrees to be bound to any changes to this Agreement when Owner uses the Service after any such modification is posted.