Open Remix Program Terms and Conditions
The terms (the “Terms” or the “Agreement”) govern your (“You,” or the "Remixer") participation in the open remixes program operated by BonFire Records LLC ("BonFire", "BonFire Records" or "WildFire") By downloading these stems you agree that you have read these Terms and agree to be bound by them. Please read these Terms carefully as they form a binding legal agreement between You and WildFire.
- GRANT OF SUBLICENSE
BonFire Records grants Remixers who have properly submitted a Remix to BonFire Records a limited, revocable, non-exclusive, non-sublicensable license to store, use, copy, display, perform and run the Eligible Songs for the sole purpose of remixing the Eligible Songs subject to these Terms including the sublicense conditions set out in section 5, and for no other purpose (the “Sublicense”).
- COLLECTION AND DISSAMINATION OF PERSONAL INFORMATION
By entering the Contest you grant BonFire Records permission to collect certain information and material about You including your Remix, Your name, Your likeness, Your contact information. You also grant BonFire Records permission to publicly display and make available this information and material on the Website and in any promotional materials associated with the Website without any compensation to You. You agree to waive any potential claim or cause of action You may have against BonFire Records relating to the use or display or making available of such information or material.
- TERMINATION AND MODIFICATION
The Program may be terminated or modified by BonFire Records at any time. If the Program is terminated or modified, you will be notified on the Program Page and/or via email.
- SUBLICENSE CONDITIONS
The Sublicense granted herein shall be subject to the following terms and conditions:
- ASSIGNMENT OF COPYRIGHT TO REMIX
By downloading the stems and creating a Remix You grant to BonFire Records your full title and interest in Your Remix of that Eligible Song, including but not limited to, copyright and all rights of renewal thereof, for all media, whether now known or hereafter devised, throughout the universe, in all languages, and in perpetuity, all to vest to BonFire Records immediately after creation of the Remix and all to be exercised by BonFire Records as it may choose without restriction and without obligation to make any use thereof whatsoever, and You authorize BonFire Records designees and licensees to similarly exercise such rights.
- ASSIGNMENT OF NEIGHBOURING RIGHTS TO REMIX
By downloading the stems and creating a Remix You irrevocably and unconditionally license, grant and assign to BonFire Records in perpetuity, any and all lending, rental and other secondary use or neighboring rights relating to Your Remix of that Song, including retransmission rights, which You may now have or will hereafter acquire with respect to the rights granted to BonFire Records hereunder, without restriction and without obligation to make any use thereof whatsoever, and You authorize to similarly exercise such rights.
- WAIVER OF MORAL RIGHTS IN REMIX
By downloading the stems and creating a Remix You hereby irrevocably agree to waive any and all moral rights in the Remix You created, and any portions thereof, as such rights may presently or in the future exist, by legislative enactment or otherwise at law or in equity and hereby represent and warrant that You will irrevocably waive Your moral rights therein. You agree not to institute, support, maintain or authorize any action or lawsuit on the grounds that any exercise of the rights granted and assigned to BonFire Records hereunder constitute any infringement of any moral right in the Remix.
- OWNERSHIP OF MATERIALS ADDED TO THE REMIX
By downloading the stems and creating a Remix you represent and warrant that You own all the intellectual property rights associated with any new materials added to the Eligible Song during the creation of the Remix, or that you are irrevocably authorized to use such intellectually property in connection with the Program including that you own or are authorized to use the copyright, all neighbouring rights, and all moral rights therefore, and agree to indemnify and hold BonFire Records harmless from any and all costs and expenses (including but not limited to reasonable attorney’s fees), loss, claim, liability or obligations arising out of any breach by You of the representations, warranties and covenants made herein.
- DISSEMINATION OF REMIXES
By downloading the stems and creating a Remix You agree not to share, transmit, make publicly available or in any way disseminate the Remix to any party other than through BonFire Records except for uploads on the Remixer's YouTube and Soundcloud page. For greater certainty, without limiting the generality of the foregoing, You agree not to upload Remixes to any other website or social media platform, such as Band Camp, Facebook, or Twitter.
- MONETIZATION OF REMIXES
In return for participation in the program of the remix BonFire Records LLC will pay the Remixer 20% of gross revenue after accounting for mechanical royalties received from exploitation of the remix to the Remixer for the first five years. BonFire Records will account and pay you any money owed quarterly via paypal provided by the remixer or some other agreed upon method.
- ASSIGNMENT OF COPYRIGHT TO REMIX
- CONSENT TO RECEIPT OF COMMUNICATIONS
By entering a Contest You consent to receiving communications from BonFire Records relating to the Contest, including information about Your Remix and information about the program.
- LIMITATION OF LIABILITY/INDEMNIFICATION
You hereby agree not to sue and irrevocably and unconditionally release, and forever discharge BonFire Records, and their past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, employees, successors and assigns, from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which You (or Your assigns, agents and/or representatives) ever had, now have, or in the future may have against them, including, but not limited to claims arising out of or related to the Your participation in this program, including without limitation, any claims, demands and causes of action for invasion of privacy, false light privacy or violation of the right of publicity, defamation, infliction of emotional distress and any other tort in connection therewith (including, without limitation, any claims relating to or arising from any transportation by me hereunder) and any costs and expenses (including, without limitation, attorneys’ fees, court costs, settlement and disbursements), and you hereby waive the right to seek injunctive or other equitable relief against BonFire Records for any such matter. You agree that you shall indemnify and hold harmless BonFire Records from any loss or damage (including attorneys’ fees and costs) incurred by them in connection with any claim or lawsuit brought in connection with the matters released and discharged, or with any breach of BonFire Records' representations, warranties and agreements in this Agreement.
- LEGAL ADVICE
By entering into this Agreement you represent and declare that you have carefully read this Agreement and know the contents hereof, you have had the opportunity to obtain legal advice regarding the same, and that You enter the agreement freely and voluntarily.
- ENTIRE AGREEMENT
This Agreement and the Website materials referenced herein constitutes the entire agreement between You and BonFire Records regarding the subject matter thereof and supersedes any other written or oral agreements or understandings regarding these matters.
This agreement has been entered into in the State of New York in the United States of America and its validity, construction, interpretation and legal effect shall be governed by the laws of such state and country of applicable to agreements entered into and performed entirely therein.
In case any provisions (or portions thereof) contained in this agreement will, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of this agreement and this agreement will be constructed as if such invalid illegal or unenforceable provisions had never been contained herein.
Except as otherwise provided herein You may not assign or transfer any rights or obligations hereunder without prior consent of BonFire Records.
In these Terms words importing the singular shall include the plural and vice versa, and words importing a gender shall include all genders.
The headings in these Terms are for convenience only and shall not affect the Terms’ construction or interpretation.