Contributor Agreement

This Agreement permits the person accepting this Agreement ("You"), subject to its terms, to download designated music files (each, a "Music File") from the Web Site and use those Music Files solely to create and provide to Foo Brew the electronic data files that enable JamLegend game play (each, a "Game Track").

You agree to the terms and conditions of this Agreement and also agree to the JamLegend.com Web Site Terms and Conditions of Use ("Terms of Service") by (i) clicking to accept this Agreement, (ii) indicating your assent by email, (iii) downloading or using any Music Files from the JamLegend website, or (iv) making or uploading any Game Tracks. If You do not agree to this Agreement and the Terms of Service, then You must not download or make any use of Music File from the Website or make any Game Track.

Under this Agreement, Foo Brew grants you a revocable non-exclusive license to download designated Music Files that Foo Brew may make available on the Web Site or otherwise provide you for the purpose of creating Game Tracks. You are licensed to make Game Tracks from each designated Music File that you download. You agree to be bound by instructions that Foo Brew provides or makes available to you with regard to this Agreement, including, without limitation, technical specifications and formats for Game Tracks and the means by which You may upload or transfer the Game Tracks to Foo Brew.

This Agreement and its terms apply to all Game Tracks that You provide to Foo Brew or have provided in the past, even if they were created or provided to Foo Brew prior to Your accepting this Agreement.

This Agreement grants You no licenses or rights other than as expressly stated herein. You may not make use of the Music File except for the purpose of creating Game Tracks. Foo Brew may revoke any license granted in this Agreement at any time with or without cause.

Your license to each Music File will cease, and You agree to destroy each copy of the Music Files and the Game Track when you have: (a) completed and uploaded or otherwise transferred the corresponding Game Tracks to Foo Brew, (b) if you have otherwise ceased use of the Music File, or (c) in any case, within XX days of downloading the Music File.

All Game Tracks that You create, complete or incomplete, will, from the moment of creation, belong to Foo Brew and under copyright law be "works made for hire" made for the benefit of Foo Brew. To the extent that any Game Track is not a "work made for hire," You hereby permanently assign and transfer all rights in each Game Track to Foo Brew. You irrevocably waive (and will cause to be waived) any claims of "moral rights" with respect to Game Tracks.

Upon Foo Brew’s request, You agree to provide and/or execute any documents sought by Foo Brew to perfect, obtain, confirm or enforce its ownership or any rights in each Game Track. In addition, You hereby irrevocably appoint Foo Brew and its officers and agents as your agents and attorneys-in-fact to act and to execute legal documents on Your behalf to evidence, perfect, assign or enforce Foo Brew’s rights regarding Game Tracks.

Foo Brew may, but is not obligated, to provide attribution to You as the contributor of Game Tracks. You grant Foo Brew a nonexclusive, perpetual license to print, replicate, publish, create derivatives of, broadcast and use, worldwide, in any media and at any time, Your name, picture, voice, likeness, and/or biographical information that you may provide for promotional, attribution or other purposes related to the Game Tracks that You provide or their permitted use under this Agreement.

ALL MUSIC FILES AND ALL LICENSES AND RIGHTS THAT FOO BREW GRANTS IN THIS AGREEMENT ARE PROVIDED "AS IS" AND "WITHOUT WARRANTY." Foo Brew is not obligated to use any Game Track and may discontinue use of any Game Track at any time.

You represent and warrant to Foo Brew that: (a) You are at least 18 years of age and have the legal right to enter into this Agreement; (b) that each Game Track that You provide is Your own original work; (c) that You have not included any third party content in any Game Track; and (d) that Game Tracks will be provided to Foo Brew without any virus, malware, or other destructive code. You further represent and warrant that Your name and email address and other information that You may provide to Foo Brew in connection with Your registration or with this Agreement is true and correct.

You agree to indemnify and hold Foo Brew and its Users and licensees and their respective officers, directors, agents, employees, and advisors (collectively, the "Indemnitees") harmless from and against any and all third-party claims, liabilities, damages, costs, charges, recoveries, judgments, penalties, expenses or losses of whatsoever kind or nature that any Indemnitee may incur arising from any actual or alleged breach of Your representations, warranties and promises in this Agreement or Your unauthorized use, transfer, or exploitation of any Music File. Your indemnification obligation will survive termination of this Agreement.

This Agreement is subject to and shall be deemed to incorporate the Terms of Service, including, without limitation, disclaimers and limitations of liability and the "Miscellaneous" section; provided, that in case of any conflict with this Agreement, this Agreement will control with regard its subject matter. This Agreement and the rights it grants will benefit and may be exercised by Foo Brew and its affiliates and their respective successors and assigns. This Agreement may be terminated by Foo Brew at any time, but will otherwise remain in effect until terminated by mutual agreement. Foo Brew may modify the terms of this Agreement by providing reasonable notice by email or on its web site; provided that changes will be effective without Your consent only to Music Files that You receive and Game Tracks that You provide after the date of the change. This Agreement and the licenses granted are personal to You; You cannot transfer or delegate this Agreement or any of Your rights hereunder. You acknowledge agree that You will receive no payment or other compensation under this Agreement.