Welcome to Palm Link
By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this website’s particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time without prior notice. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE NOR ITS SERVICES.
palm.link is referred to in this agreement as “Palm Link” and “Us” and “We” and “Our” whereas our Client(s)/User(s) is/are referred to in this agreement as “The Client” and “You” and “Your”.
USE OF THE SITE
- The rights granted hereunder shall include the sale of Recording(s) by, without limitation, permanent digital downloads, temporary digital downloads, interactive streaming, non-interactive streaming, cloud services, mobile music, ringtone and caller ringback tones, etc. You and Palm Link agree that the Internet consumer stores (“Consumer Stores”) (e.g., iTunes, Amazon, Spotify, Rhapsody) licensed to exploit your Recording(s) hereunder must be approved by you.
- When you submit any Recording(s) to Palm Link, you grant Us permission to use such submissions for marketing and other promotional purposes. You agree that We will have no obligation to keep any submissions confidential and you will not bring a claim against Palm Link based on “moral rights” or the like arising from Our use of a submission.
- In our sole discretion, we reserve the right to reject any materials (including, without limitation, Recording(s), images and/or artwork) that you submit. You agree to submit all Recordings, images and artwork at your sole expense, in the format(s) required by Palm Link or the Consumer Stores. Technical descriptions of such format(s) will be provided to you upon request.
- By signing up as an Artist, you inevitably grant to Palm Link, throughout the world and during the duration of our contract, the non-exclusive right:
- to sell, copy, distribute and otherwise exploit the Recording(s) by all means and media (whether now known or existing in the future) (“Sale”) through any and all Consumer Stores now operational or hereafter available;
- to collect all income deriving therefrom; and
- to use the name(s), photographs and likenesses, artwork images, biographical and other information provided by you or the artists whose performances are embodied on the Recording(s) in connection with the Recording(s) and Palm Link’s general business.
- You agree that you will not use the Site or Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. You acknowledge and agree that Palm Link may disable access to and/or terminate your account and/or remove or disable access to any Recording(s) or any associated materials you provide to Us in the event that We receive any claim that, if true, would constitute a violation of your representations and warranties hereunder.
- You agree that Palm Link may freeze any and all revenues in your account that are received in connection with Recording(s) or other materials submitted by you which Palm Link believes, in its discretion and good faith, violate the Terms of Service, and that such revenues will be forfeited by you if Palm Link determines, in its discretion and good faith, they are the result of fraud and/or infringement. You agree that you will not be entitled to reimbursement for any fees paid by you to Palm Link in the event We disable access to your account, your Recording(s) and/or any other materials you provide to Palm Link, or to any revenues forfeited by you as set forth in the preceding sentence.
- You agree that Palm Link may terminate your account if you violate the Terms of Service or, in Palm Link’s good faith discretion, are believed to be infringing the intellectual property rights of third parties and/or engaging in otherwise fraudulent activity.
- You consent that your contract with Us shall automatically renew after two (2) years for subsequent periods of the same length as the initial term unless you give Us a written notice of termination at least ninety (90) days prior to expiration of the then-current term.
In consideration of the sums payable to you and the services provided by us pursuant to this Agreement, you grant to us and our licensees a non-exclusive, worldwide license to use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit and make available the Works for distribution in the Service and for all promotional purposes including without limitation for the purposes of internet radio broadcast; and use, reproduce and display in the Service any trademarks, service marks or trade names relating to you and the name and likeness of you and the band/artist whose performances are embodied in the Works.
Only as soon as sales reports and money are made available by stores, and upon full and faithful performance of all the material terms by all parties, 75% of Royalty base price in connection with the income through Digital outlets worldwide will be paid to you. Revenue shall be accounted monthly, however, there is an initial 3 months from when we begin managing your content until you receive your first report. After this period, reports will be updated every month.
You agree to indemnify and reimburse Us in full via Your royalty balance and/or separate payment against any claims, liabilities, damages, losses or expenses (including legal fees) suffered or incurred by us as a result of your breach of any of the warranties or undertakings in this Agreement, or any claims by any third party including but not limited to claims for payment of outstanding debts for services provided or goods supplied by such third parties.
You shall provide accurate contact and bank details for you and/or your representative(s). If supplied payment details are inaccurate, any monies paid towards you using these incorrect details shall be forfeited.
You can only request for withdrawals when your funds get to the payment threshold; Naira equivalent of $50 for normal Saving account holders; and $100 for domiciliary dollar account holders, or upon termination of your contract with us.
You agree that the exchange rate for the Naira withdrawals would be determined by Palm Link alone.
TERMINATION OF SERVICE
Unless terminated under clauses 1.(e)(f)(g)(h), the term of this Agreement shall be two years from date signed and will automatically renew for successive two year periods unless either Party provides written notice to the other Party to terminate this Agreement at least 30 days before the next anniversary of this Agreement.
Disclaimer Of Warranties
- Palm Link provides the site and any Palm Link service on an “as is” and “as available” basis.
- Palm Link make no representations and grant no warranties, express or implied, either in fact or by operation of law, by statute or otherwise, and Palm Link specifically disclaim any other warranties, whether written or oral, or express or implied, including any warranty of quality, merchantability or fitness for a particular use or purpose or any warranty as to the validity of any patents or the non-infringement of any intellectual property rights of third parties.
Exclusion Of Damages
- Palm Link will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the Palm Link site, based on any cause of action, even if advised of the possibility of such damages.
CHANGES TO TERMS OF SERVICE
You can review the most current version of Our Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes. It is your responsibility to check periodically for changes. Your continued use of or access to this website or the service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.