Mevio Inc. ("Mevio"), through its website Mevio.com ("Website"), offers the unique opportunity for individuals or entities to submit one or more original music Works (typically by upload of computer files containing the Work(s)), to have such Works exposed to and made available for Broadcast, and to receive Attribution for such Broadcast of the Work(s) ("Service"). To take advantage of this Service, the persons submitting the Work(s) here by agree to the following Terms of Use.

Terms of Use

All submitted Works, as defined below, are provided under the terms of a Public License, as follows:

  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 Broadcasted, as well as the source of origin of the Work which shall be defined by Mevio within your Producer account, generally at a minimum attribution will include necessitation of the name of author Work, title of Work and source of origin of Work which is Mevio.com.

    "Broadcast" means Work 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.

    "Music Database" means the Works stored by Mevio and made available to You.

    "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 played on an iPod or similar device by individuals who have downloaded such file.

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

    "You" means an individual or entity exercising rights under these Terms of Use.


  2. Subject to these Terms of Use, You are hereby granted the following world-wide, non-transferable, non-exclusive, royalty-free rights

a. the right, and to access the Music database and reproduce each Work included therein for the purpose of Broadcasting the Work, including the right to use and incorporate each Work into a Collective Work, which may itself be Broadcast.

b. the right to create a Derivative Works from each Work, provided that that the Work is not materially disparaged or materially injured in the Derivative Work. This right specifically permits you to use the Work in combination with other works as part of musical "mashes."

c. the right to create and distribute webcasts and Podcasts that contain the Works.

  1. All other rights are hereby reserved by Mevio, the Licensors and Original Authors, including the copyright ownership rights to the Work.

  2. The license granted in Section 2 above is expressly made subject to and limited by the following restrictions:

    a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under these Terms of Use, and You must include a copy of, or the Uniform Resource Identifier for, these Terms of Use with every copy of the Work You distribute or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the Terms of Use. You may not sublicense the Work. You must keep intact all notices that refer to these Terms of Use and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with these Terms of Use. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to these Terms of Use. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.

    b. If you distribute or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide proper Attribution and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such Attribution may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.

  3. You represent and warrant that the information that you provide in your Producer registration is correct and accurate, and particularly that you are 16 years of age or older and that your use of the Service shall not violate any applicable law or regulation. Your status as a Producer may be deleted without warning, if it is found that your Producer registration is inaccurate or that you are misrepresenting your age, and you are younger than 16.
  4. There is no fee associated with the rights granted you. Either party can terminate this relationship at any time, at which point you shall no longer have access to Works. Any materials which you have created in accordance with these Terms of Use may continue to be used by persons who received them, but no further distribution of said materials can be made. Further, any materials created that violate these Terms of Use must be destroyed immediately.
  5. The method of access and download of each Work shall be set forth by Mevio on its Website
  6. Mevio is not responsible for the content of the podcasts on the network. You acknowledge that you are fully responsible for your content and you acknowledge that it is your responsibility to obtain any and all necessary licenses, rights or grants, for your podcast and any other material that is in it. You also agree and acknowledge that Mevio will not act as an arbiter of any disputes, and all claims are your sole responsibility.
  1. UNLESS OTHERWISE MUTUALLY AGREED TO BY MEVIO IN WRITING, THE WORKS ARE OFFERED AS-IS AND THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
  2. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL ANY ONE, INCLUDING MEVIO OR LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THESE TERMS OR THE USE OF A WORK, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. If there is any dispute about or involving the Broadcast of a Work, the Service or the Website, you agree that any dispute shall be governed by the laws of the State of Delaware without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware.
  4. You agree to indemnify and hold Mevio, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of any breach of your representations and warranties set forth above.
  5. These Terms of Use are accepted upon your registration as a Producer. These Terms of Use constitute the entire agreement between you and Mevio regarding the use of the Website and/or the Service. The failure of Mevio to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Please contact us with any questions regarding these Terms of Use.
  6. Mevio may modify the Terms of Use from time to time and such modification shall be effective upon posting by Mevio on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted.


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