Big Korey and Unity Music Productions TERMS AND CONDITIONS

BY APPLYING FOR THE ROLE OF A Role as an Artist for Big Korey and Unity Music Productions, YOU AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT BECOME AN ARTIST FOR BIG KOREY AND UNITY MUSIC PRODUCTIONS

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INTRODUCTION

These Terms and Conditions apply to and give access to use the www.bigkoreyunity.com website (the “Website”), including the use of any content, information, products and/or services. The Terms and Conditions also apply to any and all services individually under this Agreement.

Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. This is a legal agreement (the “Agreement”) between you and Record Union (“Record Union”, “we” or “us”). If you do not agree to these Terms and Conditions, please do not register and apply. If you have any questions regarding the Agreement, send us an email to tanarri2k.tm@unitymusiproduction.net

The Website and service is operated by Big Korey and Unity Music Productions, a company based in Carthage, MS with registered address 124 Madison Street, Carthage, MS 39051.

Big Korey and Unity Music Productions,  offers Artists, not limited to, services of digital distribution on digital music stores for sale by downloading, streaming and similar. Big Korey and Unity Music Productions also provides the Artist with a possibility to promote themselves and their music on the Website.

DEFINITIONS

“A&R” shall mean Artist and Repertoire, a talent scout also overseeing the artistic development of Artists.

“Artist” shall mean any person or persons whose performances are embodied in the Recordings.

“Services” shall mean any and all services Big Korey and Untiy Music Productions offers Artists who have signed up on the Website.

“Composition/Compositions” shall mean the musical works, with or without lyrics, which has been subject to recording when recording the Recordings.

“E-Music File/E-Music Files” shall mean a digital copy of an audio (only) recording of a performance of a musical work by you or the Artist, with or without lyrics, which has been converted, coded and compressed to a digital format supported by Big Korey and Unity Music Productions.

“End User/End Users” shall mean a person who/which purchases an E-Music File from any of the Big Korey and Unity Music Productions Retail Partners or visits the Big Korey and Unity Music Porductions Website or Retailers Websites for this purpose.

“Recording/Recordings” shall mean any and all audio recordings that you submit to Big Korey and Unity Music Productions upon your acceptance of this Agreement by uploading on the Big Korey and Unity Music Productions Website as well as any other audio recordings that you choose to submit thereafter by uploading on the Big Korey and Unity Music Productions Website.

“Big Korey and Unity Music Productions Retail Partner/Big Korey and  Unity Music Productions Retail Service” shall mean, without limitation, any and all, now known or future, digital internet consumer stores (such as Spotify, iTunes, Deezer and Amazon) and/or any other digital retailers of music which Unity Music Productions, LLC has, from time to time, entered into a licensing agreement with regarding the sale and/or streaming of E-Music Files embodying the Recordings pursuant to the provisions of this Agreement. This applies on a “per Recording” basis.

“Website” shall mean the website (www.bigkoreyandunitymusic.com) or any other sub-domains.

“Territory” shall mean the world, or per Recording specified territory if applicable.

“Email invite Tool” shall mean an invitation service provided by Big Korey and Unity Music Productions on the Website, where you may send invites to recipients.

“Gross Receipts” shall mean the total sum, excluding VAT, received by Big Korey and Unity Music Productions per Recording sold. We are entitled to benefit from any deductions which have been made toward Big Korey and Unity Music Productions by the Retail Services. The percentage co-relates to the percentage of Big Korey and Unity Music Productions, whether that is expressed or calculated in its sublicensing agreements with the Big Korey and Unity Music ProductionsRetail Partners.

“Big Korey and Unity Music Productions Trademarks” shall mean any trademarks used by Record union or registered by Record Union.

APPLICATION

You will need to fill out an application to be able to become a Big Korey and Unity Music Productions Artist. The application should include information about you and why you shouldjoin the team. The application may only be sent through our Website, after you have created a user account. If your application has been denied, you may re-apply after two weeks. Big Korey and Unity Music Productions reserves the right to, for any reason or purpose, deny you to become a Big Korey and Unity Music Productions Artist.

GRANT OF RIGHTS

The rights granted in this Agreement include the possibility to be a Big Korey and Unity Music Productions Artist.

You will act as a composer/ singer for Big Korey and Unity Music Productions and have the following rights

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When you are approved as an Artist and have registered on the Website, you will receive a unique code per single or album. Big Korey and Unity Music Productions will give the Artist one (1) UPC-code free of charge, when the Artist registers on the website.  

LEGAL RELATIONSHIP

You may not in any way enter into agreements on behalf of Big Korey and Unity Music Productions and you may not in any way or at any time present yourself as a representative of Big Korey and Unity Music Productions.  Nothing in this Agreement constitutes an agency, employment, company or joint venture relationship of any kind between the Parties.

You enter into agreements as an  Artist on your own behalf. For this purpose, you may use Big Korey and Unity Music Productions trademarks on business cards reproduced from the layout provided by Big Korey and Unity Music Productions. The layout of the business card will be provided to you by Big Korey and Unity Music Productions, in PDF format. You may only use this for purposes under this Agreement.

The rights granted to you under this Agreement are personal. You may not appoint sub-agents or other representatives without Big Korey and Unity Music Productions prior written consent. If Big Korey and Unity Music Productions grants permission to use sub-agents and representatives, you are solely responsible for them and all their payments and actions.

TRADEMARKS

You may only use your own and/or Big Korey and Unity Music Productions Trademarks when fulfilling your rights granted in this Agreement. This is limited to the term of this Agreement. You shall not use any other trademark or product name together with the Big Korey and Unity Music Productions trademarks nor shall you register any trademark that may resemble the Big Korey and Unity Music Productions trademarks or names.

You do not have the right whatsoever to acquire any property rights in the Big Korey and Unity Music Productions trademarks. All such rights shall remain with Big Korey and Unity Music Productions.

In cases of any type of infringement, you shall immediately discontinue any and all use of Big Korey and Unity Music Productions trademarks. Big Korey and Unity Music Productions may at any time terminate, remove or disable access to your account in cases of infringement.

WEBSITE

We will at all times ensure that the Website and its services are available to you. If the service would be interrupted, Big Korey and Unity Music Productions will without delay correct the interruptions. We reserve the right to, at any time and without prior notice to you, suspend access to the Website to the extent needed to correct errors, for security reasons, upgrades, updates and required maintenance of the software or hardware.

We assume no liability for any errors, delays or interruptions that might occur in the Website, if these are not attributable to Record Union.

RETAIL SERVICE

Big Korey and Unity Music Productions has entered into licensing agreements with Retail Service Partners. The purpose of this is to distribute the Artist’s Recordings and provide all services associated with the distribution, including but not limited to, delivery and sales for downloading and streaming. The agreements Big Korey and Unity Music Productions enter with Retail Services shall determine the terms on which the Artist’s Recordings are sold or made available. Which Retail Services Big Korey and Unity Music Productions has entered into agreements with might vary from time to time. Therefore, Big Korey and Unity Music Productions cannot guarantee the sale and/or exploitation of the Recordings in any particular Retail Store and assumes no liability if your Artist’s Recordings are not made available in a particular Retail Service.

Big Korey and Unity Music Productions assumes no liability for any interruptions or any suspensions of access in the Retail Service, in whole or in part.

ROYALTY

Big Korey and Unity Music Productions offers you a Royalty share of the Gross Receipts.  Only Artists who have published Recordings count for the level of Royalty shares. For any and all services under this Agreement the following applies.

• Big Korey and Unity Music Productions shall pay you a Royalty rate of up to 50%.  This is also negotiable!

• You agree that our Royalty payments will be subject to the conditions, reductions and pro rating provisions as agreed in each sublicense agreement with the Big Korey and Unity Music Productions Retail Partners.

• Your right to Royalties follows on the date when Big Korey and Unity Music Productions receives payment for your  sold Recordings, and is calculated out of the amount we actually receive. You hereby agree that, in some cases and according to each sublicensing agreement, the Big Korey and Unity Music ProductionsRetail Partners will only pay Royalties to Big Korey and Unity Music Productions in the case the total amount exceeds a certain amount and that your payment might be subject to these limitations.

• The Recordings will be sold to End Users at a price determined by Big Korey and Unity Music Productions and Big Korey and Unity Music Productions Retail Partners in our own discretion.

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PAYMENTS

It can take up to 90 days before the Big Korey and Unity Music Productions Retail Partners send us sales reports regarding the sales of  Artist. Since your Royalties are calculated from the sales reports, this delay also applies to you. Payments will be credited to your Big Korey and Unity Music Productions Royalty account within 30 days after we have received the sales reports.

Once payment has been credited, you will be able to request a withdrawal of royalties from the account. Big Korey and Unity Music Productions will then pay the requested amount to your PayPal account within five days.

Payment of royalties can only be made to a PayPal account. Unfortunately, we can make  payments by checks through Unity Music Productions, LLC who will the the handler of accounts and overseer of the entire production. It is solely your responsibility to notify Big Korey and Unity Music Productions if your PayPal account has changed, by making the appropriate changes to your Big Korey and Unity Music Productions royalty account settings. If you do not provide valid payment information, your service may be disconnected or interrupted and any royalty payments due will be withheld until you can provide valid payment information.

You are responsible for any bank fees, currency exchange fees or other charges related to withdrawals or payments of royalties to you. Big Korey and Unity Music Productions may deduct such fees and charges from any royalties owed to you.

When accounting royalties to you, Unity Music Productions, LLC is entitled to issue an invoice on your behalf and in your name on the basis of a so called “self-billing system”. Such invoice will be subject to your approval. However, such approval should be seen as given if you do not object the invoice, in written, within five days from the date of issue.

Any royalty payable will include any taxes and other public fees, which Unity Music Productions is required to deduct or pay by law when paying royalties to you.

YOUR LIABILITY

You agree and warrant the following.

• You have reached the age of 18.

• You have not entered into any agreement which may conflict with this Agreement.

• You shall not commit any act which might prejudice or damage the reputation of Big Korey and Unity Music Productions or Big Korey and Unity Music Productions Retail Partners or might inhibit, restrict or interfere with the exploitations of the Recordings.

• you shall not attempt to introduce any viruses, trojan horses, spyware, cancelbots or other malicious code into the Website.

When you register at the Website, you will be asked to create a password. You must keep this password confidential. You are responsible for all activities and orders that occur or are submitted under your password. Notify us immediately if you suspect or know that someone is using your password.

If Big Korey and Unity Music Productions has reason to believe that that there’s a misuse of your password and likely to be a breach of security on the Website, the Retail Service and the Website, we might ask you to change your password. If you do not, we might suspend your account and terminate your access immediately and without notice to you.

You shall indemnify and hold harmless Big Korey and Unity Music Productions, Big Korey and Unity Music Productions Retail Partners or any of their affiliates (including any directors, members, employees and other representatives) from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach or alleged breach by you of the above warranties and representations and/or use of the Recordings or Materials as permitted hereunder.

If a claim is made, Big Korey and Unity Music Productions shall have the right, in addition to its other rights and remedies, to withhold payment of any monies due hereunder in an amount reasonably related to the claim and potential expenses.

PROHIBITED USES & TERMINATION

You may not use our site, services or brand for any unlawful purpose or for the following reasons.

• In any way that is or have the purpose to be unlawful or fraudulent.

• For the purpose to harm or attempt to harm people in any way.

You may not in any way as a Big Korey and Unity Music Productions artist, through our website and with our brand, conduct or promote material as follows.

• Sending invites to unknown, irrelevant recipients or “spamming”.

• Be obscene, offensive, hateful or inflammatory.

• Promote sexually explicit or violent material.

• Promote discrimination based on race, sex, religion, nationality, disability or sexual orientation.

• Promote, advocate or assist in any illegal activity

• Threaten, harass, upset, embarrass, alarm any other person or invade in their privacy.

• Impersonate any person.

Big Korey and Unity Music Productions reserves the right to determine the nature of your conduct and if it has breached the above in any way. If we find that a breach has been made, we take such and any action we deem as appropriate.

We may take actions like, but not limited to, immediately, temporary or permanently remove your account and withhold any or all Royalties you might have earned.

We fully exclude any liability from breaches of this Agreement which you may have made.

TERM AND TERMINATION

This Agreement may be immediately terminated by written notice by any Party if the other Party breaches the Agreements and fails to remedy such breach in full within seven (7) days from written notice requiring remedy.

We reserve the right to reject or remove your account. This applies for any conduct which damages or may potentially damage Big Korey and Unity Music Productions. We are in cases of damage or potential damage entitled to terminate your access to the Retail Service and/or Website immediately and without notice.

At the Termination of this Agreement, regardless of the cause, you shall destroy all printed materials and other promotion materials in your possession carrying the Big Korey and Unity Music Productions Trademarks, including any business cards.

You are not entitled to any indemnity, post Term Royalties or other compensation upon the termination of this Agreement.

OUR RIGHTS

We reserve the right to amend, discontinue or terminate the Website and services and this Agreement, at any time without notice. We also reserve the right to not enter into, or terminate, an Artist’s Agreement.

Big Korey and Unity Music Productions reserves the right to, without limitation, reject or remove, from the Retail Services and Website, the Artist’s account and any Recordings or other materials that your Artist submits to Big Korey and Unity Music Productions under the Agreement between Big Korey and Unity Music Productions and the Artist, without prior notice to you.

We will not be held responsible for any delay or failure in providing you the services or any kind of loss that were not caused by a breach on our part in accordance with this Agreement, if this is because of actions beyond our reasonable control.

We assume no liability for indirect or consequential damages, loss of data or other inconveniences caused in any way by the use of the Retail Service, the Website or the sale and exploitation of the Recordings, by any temporary or permanent errors in the Services, unless caused by intent or gross negligence of Big Korey and Unity Music Productions. The obligation of Big Korey and Unity Music Productions to pay damages, in the absence of intent or gross negligence by Big Korey and Unity Music Productions, shall be limited to 1 000 USD.

RBig Korey and Unity Music Productions may assign its rights and obligations under this Agreement, in whole or in part, to any third party without your prior written consent. You are not entitled to assign any of your rights and obligations under this Agreement, in whole or in part, without the approval of Big Korey and Unity Music Productions.

PERSONAL DATA

You agree that Big Korey and Unity Music Productions may use your personal data, submitted by you when you register on the Website, without limitation. The may include the use for sale or marketing purposes in the whole Territory during the Term.

FORCE MAJEURE

We are not responsible or liable for failures in providing any of our services, if they are caused by an event outside our control (“Force majeure”). Force Majeure means an event beyond our control which prevents us from complying with any of our obligations under this Agreement, including but not limited to

• Fires, earthquakes, tidal waves, floods, war, hostilities, invasion, embargo, revolution, civil war, riot, strikes, lock outs, acts or threats of terrorism, commotion, failures of public or private telecommunication networks, third party force majeure and an epidemic.

In an event of Force Majeure, Big Korey and Unity Music Productionsshould contact you as soon as reasonable, to notify of this and if possible, estimate when due fulfilment can be expected.

LEGAL

The Terms and Conditions shall be in accordance with the laws and jurisdiction of the United States. Disputes arising out of, or in connection with this Agreement, shall be settled by the court.

You agree to indemnify us against any claims, liabilities, damages, losses or expenses that may have occurred as a result of you breaching anything under this Agreement or against any third party.

If any part of this Agreement or application of it shall be declared or deemed void, invalid or unenforceable, in whole or in part for any reason, it shall be deleted and the remaining provisions, if any, shall continue in full force and effect.

The Terms and Conditions are effective from the time you apply as an Artist. By visiting and using our Website and services you agree, and assure that you are of age to agree, to be bound by our terms and conditions. Any changes to the terms and conditions are effective from the time it is revised and posted. If necessary, we will notify you of these changes via email.