Updated as of August 2011

Introduction
The MusicShelf Magazine LLC, (referred to as “The MusicShelf” “we” or “us”) offers its music-related videos, blogs, music related job postings, and music submission for shopping to labels (collectively, the “Services”), as a part of its online music services. This is the website associated with the Services (the “Musician Playground Site”) and includes all websites and WebPages associated with [www.MusicianPlayground.com].
This agreement describes the legal relationship between you (an individual artist, songwriter, or, in the case where you are involved with a band, an individual acting as the legal representative of your band) and The MusicShelf, parent company of Musician Playground, the social networking website and music project posting board associated with the Services (the “Site”). These are the official Terms of Use that govern the content, features, and activities related to the Musician Playground Site and the Services. By submitting any material or information to us or Musician Playground, its successors, assigns, agents, distributors and licensees, you explicitly confirm that you have read, understood, and agreed to the following agreement:
You have the right to terminate this agreement and all licenses granted to us at any time.

If you provide us with sound recordings, musical works and/or other material (such as pictures, videos, song lyrics, instrumentals, vocal arrangements, etc.; collectively "Standard User Music Content") the following terms apply:
1. Rights Granted to The MusicShelf. You hereby grant to us, and by the act of delivering Standard User Music Content to us grant to us, a nonexclusive, worldwide, royalty-free license to: (a) distribute, publicly perform, publicly display and digitally perform the Standard User Music Content in whole or in part for the purpose of shopping your Standard User Music Content to record labels and industry executives for placement; (b) create and use samples of the Standard User Music Content solely for the purpose of demonstrating or promoting our or your products or services; (c) use any trademarks, service marks or trade names incorporated in the Standard User Music Content in connection with your material; and (d) use the name and likeness of any individuals represented in the Standard User Music Content only in connection with your material.

2. Age Requirements. By submitting Standard User Music Content pursuant to the terms and conditions of this Submission Agreement you are certifying that you satisfy the age requirement that you are at least 18 years old. If you are not at least 18 years old, you must have your parent’s or legal guardian’s permission before you submit any content for any of the services. In no event may you use the site, submit content or participate in the services in any way if you are under 13 years of age.

3. Role of The MusicShelf. The MusicShelf shall work in association with you in the placement of your Submission with a label, artist, or executive looking for new music material for artists. You acknowledge that The MusicShelf is not a talent agent and has no duty to procure employment. Artist acknowledges that The MusicShelf’s services hereunder are not exclusive.

General Terms
1. Intellectual Property Rights. The MusicShelf retains all right, title and interest in and to the Musician Playground Submission Features, including, without limitation, to all associated intellectual property and proprietary rights existing in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the Musician Playground feature. All texts, images, graphics, multimedia content or other material (including, without limitation, musical compositions, sound or video recordings and all other copyrightable elements, and the selection and arrangement thereof) submitted by you on the Site, are owned by you. You retain ownership of the copyrights and all other rights in your songs, subject to the non-exclusive rights granted to us under this agreement. You are free to grant similar rights to others during and after the term of this agreement.
2. Termination. You may terminate this agreement at any time by so notifying us in writing or by email addressed to [MPconract@musicianplayground.com]; the agreement will terminate upon our actual receipt of such notice. We may terminate this agreement at any time without notification. Upon termination, all of our license rights terminate, except that we retain those rights necessary for us to recover for the placement of your musical work with a client that occurred prior to the date of termination which incorporate any of your Material (as defined in section 3 below). Your obligation to pay us amounts due under this agreement survives termination. Also, sections 3 and 6 below survive termination.
3. Representations and Warranties. The term "Material" means all material that you submit to us, including Standard User Music Content, Sample Songs, and Collateral Material, as applicable. You represent and warrant that (a) the Material is your or your band’s own original work, and contains no sampled material, (b) you have full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement, (c) the Material does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights (d) the Material does not and will not violate any law, statute, ordinance or regulation; (e) the Material is not and will not be defamatory, trade libelous, pornographic or obscene, (f) the Material does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data, (g) all factual assertions that you have made and will make to us are true and complete. You agree to indemnify and hold us and our customers harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement. We, our customers, and our licensees shall not be required to make any payments with respect to material that you submit to our sites under these Terms, including but not limited to payments to third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds.
4. Determining Type of Content. We will implement and maintain business practices which enable us to accurately categorize content that you deliver to us. If we make an error in good faith however and consequently exceed our license rights, your sole and exclusive remedy will be for us to take all reasonable steps to promptly correct the error as soon as we become aware of the error.
5. Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MUSICSHELF MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, MUSICSHELF MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. MUSICSHELF WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. UNDER NO CIRCUMSTANCE WILL THE MUSICSHELF BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
6. Waiver of Certain Damages. EXCEPT FOR A BREACH OF SECTION 3, NEITHER YOU NOR US WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT.
7. Financial Consideration. The MusicShelf shall be entitled to ten (10%) percent of the Signing Bonus received by you during the term for the placement of any Submitted Content with a label, publisher, or Artist. The MusicShelf (10%) "Signing Bonus" shall be defined as any and all monies received as an advance or payment to you in connection with Artist's Content being selected for a job posted and sought on your behalf by The MusicShelf. The MusicShelf shall also be entitled to five (5%) percent its fee upon the publishing of Artist Content by any third party. The MusicShelf shall be entitled in perpetuity with respect to services performed and products/songs recorded and released by Artist during the Term pursuant to agreements entered into during the Term.
8. Terms And Conditions. The 'Terms And Conditions of Web Site Use' as found online at http://www.themusicshelf.com/magazine/terms-use.
9. Miscellaneous. This agreement will be governed by Georgia law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or Federal court located in jurisdiction of Atlanta, Georgia, and we both irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings). This agreement sets forth the entire understanding and agreement of the parties as to this agreement’s subject matter and supersedes all prior proposals, discussions or agreements with respect to such subject matter.

From time to time, we may change this agreement. When such modification is made, we will post a revised version of this agreement on the Website. Modifications will be effective when they are posted. We are not required to provide you with notification that any such modification has been made. If you do not agree with all the terms and conditions of this Submission Agreement at any time, including without limitation, those times when we make changes, do not use, do not attempt to use, and immediately discontinue your use of, the Music Submission Agreement, because if you do any of these things you are agreeing to be bound by all of the terms and conditions of this Music Submission Agreement, including, without limitation, any changes we have made.

The MusicShelf Magazine/Musician Playground
2625 Piedmont Rd NE
Ste 56-316
Atlanta, Ga 30324-5905