Purchasing Information for 'Room Tone Selects'

Purchaser Type

Digital Distributor

Description

Room Tone Selects is a curated collection of audio documentaries available as a subscription Channel on Apple Podcasts. We will be grouping together works into "shows" around a unifying theme, and they will be available in perpetuity so long as the Channel exists. We will not be distributing any of the shows on an RSS feed, and we will not be airing any advertising within any purchased/licensed works.

We will not be editing pieces except to the extent necessary to remove inconsistent billboards or news breaks. We may excerpt pieces for use on public RSS feed(s) in for the purpose of marketing the Channel.

Payment

If your piece is purchased by Room Tone Selects, you will receive royalties in the form of:
$0.50 per minute

Agreement

You retain full copyright to your work. You grant Room Tone Selects LLC (RTS) a non-exclusive license (but not the obligation) to include your piece as part of the “Room Tone Selects” channel (“Selects”), on any platform, as set forth herein. RTS shall have the non-exclusive right to use, store, display, perform, publish, transmit, reproduce, modify, create derivative works of, and distribute your piece in all media, worldwide, in perpetuity. The rights granted hereunder include RTS’ right to use your name in connection with the piece. With the exception of the piece, you acknowledge that Selects (including all copyrights therein) shall be RTS’s sole and exclusive property. RTS shall have the right to edit the piece solely as deemed necessary by RTS for inclusion of the piece in Selects, e.g. to contextualize the piece or to remove references to past episodes.

You represent and warrant and covenant that (i) you have all right, power and authority to enter into this license; (ii) you do not require (or have obtained) the permission and/or consent of any applicable third party and/or entity to enter into this license; (iii) you will not grant any rights and/or enter into any agreements in connection with the piece that are and/or are likely to conflict with the rights granted here to RTS; (iv) the piece is original and solely authored by you; (v) to the extent the piece includes any third party material (“Material”), such Material has been cleared for the purposes of the rights granted here to RTS and/or in you shall notify RTS of the inclusion of such Material in writing (email sufficing), identifying the source of such Material; and (vi) the piece does not and will not infringe upon the personal and/or property rights of any third party, including but not limited to copyright. You waive any and all rights to bring an action at law or equity arising out of RTS’s use of the piece as permitted hereunder and release RTS from any liability related to the piece, unless the claim is based on RTS’s wilful misconduct or gross negligence.

You will indemnify and hold RTS harmless from any and all third-party claims, causes of action, damages, liabilities, losses, costs, expenses, demands and recoveries of any kind (including reasonable outside attorneys’ fees), arising out of or relating to a breach or alleged breach of your representations, warranties, covenants or agreements hereunder. RTS will indemnify and hold you harmless from any and all third-party claims, causes of action, damages, liabilities, losses, costs, expenses, demands and recoveries of any kind (including reasonable outside attorneys’ fees), arising out of or relating to a breach or alleged breach of RTS’ representations, warranties, covenants or agreements hereunder or out of its production, distribution or other exploitation of Selects, except to the extent covered by your indemnity hereunder.