Effective Date: October 1, 2011
Does Ragtube Media,LLC have any ownership, and or rights to music videos, and MP3s upload on its site (Ragtube.com), and our answer is NO! The short--only rights we take are the obvious ones we need to run the service. For example, the non-exclusive right to host the music you upload, sell it on your behalf (if you choose to enable paid downloads), display whatever lyrics and artwork you publish to the site, and so on. Please read the below agreements About Our Services carefully before using the services offered by Ragtube Media, LLC ("Company"); as they are the terms that govern your purchases from Ragtube's store, and rights which protect, and educate you as the consumer. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in Ragtube's product warranties. Your placement of an order at the Ragtube Store constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order. Furthermore this agreement sets forth the legally binding terms and conditions for your use of the Website at www.Ragtube.com (the "Site") and the service owned and operated by Company (collectively with the Site, and Company the "Service"). By using the Company, Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this agreement. This agreement applies to all users of the Site or Service, including users who are also contributors of content, information, and other materials or services on the Site.
Another question we are asked, what is Ragtube, and what services do we provide. Short of the long, we are a couple of University of Oklahoma grads that were fed up with Youtube, MySpace, ReverbNation etc, and decided to create a product tailored towards everyday musicians with a camcorder, and guitar. With our service you are able to "share" or tweet an entire album, or single via Twitter, Google+, or Facebook. Look at it like this, with our service if you have say 1 or 900,000 followers on Twitter, you can send them your album with a single tweet. Another cool feature we have, when someone actually buys the album, you receive payment immediately. No waiting 60days or having to go thru a 3rd party for your money. So you ask what are we...ummmm the question is still up for debate.
Finally what fees are associated with this service: Please visit our Terms Revenue Share page for full disclosure of fees associated with our service.
RAGTUBE MEDIA, LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. RAGTUBE MEDIA, LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. RAGTUBE MEDIA, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAGTUBE MEDIA, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RAGTUBE MEDIA, LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST RAGTUBE MEDIA, LCC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Ragtube Media, LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The Service is available only to individuals who are at least "13 years old". You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Certain features or services offered on or through the Site may require you to open an account (including setting up an Ragtube ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Ragtube Media, LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Ragtube Media, LLC or any other user of or visitor to the Site due to someone else using your Ragtube ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone elses Ragtube ID, password or account at any time without the express permission and consent of the holder of that Ragtube ID, password or account. Ragtube cannot, and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that: Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate;is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, tortious, obscene, offensive, or profane;constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (spamming); involves commercial activities and/or sales without Companys prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; exploits people in a sexual or violent manner; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or impersonates any person or entity, including any employee or representative of Company. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Companys (or its third party providers) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or ďspamĒ on the Service; or (v) use manual or automated software, devices, or other processes to crawl or spider any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
1. Am I signing over the rights to my music or masters? No. The only rights we take are the obvious ones we need to run the service. For example, the right to host the music you upload, stream and make it available to sell on your behalf (if you choose to enable paid downloads), display whatever lyrics and artwork you put on the site, and so on.
2. What can I upload? Are Covers or Mixtapes OK? You must own or control all rights to everything you upload. That means Covers, and Mixtapes are out, unless you have a written license or authorization from the artist to upload the Cover or Mixtape to Ragtube, and grant us the rights in the terms below. Do not upload Cover or Mixtape songs unless you have obtained all permissions and authorizations in writing! These requirements apply regardless of whether youre selling the music or giving it away.
As a condition to using certain features of the Service (including, without limitation, the free download feature) you may be required to provide certain personal information to relevant bands, such as your e-mail address, country of residence and zip/postal code (Fan Information), in order to join the relevant bands mailing list. As a condition to each such bands right to receive such Fan Information, Company requires each band to agree to the terms set forth in the next section of this Agreement. However, you acknowledge that Company has no control over the use of the Fan Information by the bands, and you further acknowledge and agree that Ragtube shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the bands' use of such Fan Information.
In connection with certain features of the Service, including by requiring that fans provide you with their e-mail addresses and other personal information in order to access the free download option, you, an individual recording artist or a collection of recording artists (a Band) may collect certain types of Fan Information. As a condition to receiving such Fan Information, you acknowledge and agree that you will not disclose, rent, or sell any Fan Information to any third party, and you will use the Fan Information only in connection with the Bandís mailing list, in order to provide fans with general information and news about the Band, such as upcoming shows and new music. You further agree that any e-mail sent to the Band mailing list will include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning opt-out mechanism).
You may purchase products and/or services from a band through the Site, including without limitation purchases of digital downloads and physical merchandise (each such purchase is a Transaction). All inquiries regarding Transactions will be directed to the relevant band. Company is not responsible for refunds for Transactions.
You warrant that if you enter into a Transaction, you shall be able to make full and immediate payment for the requested products or services.
Please visit our Terms Revenue Share page for full disclosure of fees associated with our service
You will set the prices for your products that are charged through Transactions (the Prices) through the Site, and you may change the Prices at your sole discretion. Notwithstanding the preceding sentence, Ragtube may redistribute previously purchased copies of your products to users who have, in Ragtubes sole determination, received a corrupted copy of your product, an incorrect file format version of your product, an incomplete copy of your product, or suffered a loss of your product through hard drive failure, damage, theft or destruction, on a no-fee basis to the user (i.e., the user is not charged a new fee for the redistribution). Consequently, no additional payments shall be made to you for such redistributions. Company shall be entitled to a share of the revenue you receive from Transactions (the Revenue Share), which shall be calculated on your gross revenue from Transactions in accordance with the rate schedule set forth at www.Ragtube.com/pricing. You shall be solely responsible and liable for, and Company shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), PayPal fees (except for fees charged on Companys PayPal account), credit card transaction fees, disputed payments and refunds. Payments received from users for Transactions shall be directed to you, provided that if there is an outstanding Revenue Share owed to Company, such payments may be directed to Company in accordance with Companys standard policies. Company retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Company, and to correct any inaccurate listing or technical problems on the Site.
In addition to the fees set forth above, Company reserves the right to require payment of fees for certain additional features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Companys control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Contents copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
The Service provides Bands with the ability to upload the Bands sound recordings (Sound Recordings) and the musical works (Musical Works) embodied therein (collectively, the Bands Music) to the Site. Company will not have any ownership rights in any elements of a Bands Music, however, Company needs the following license to perform the Service. Each Band uploading Music to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform, publicly display, create derivate works of, communicate to the public and otherwise exploit (collectively, Exploit) (1) the Bands Music and perform the Service on the Bandís behalf (e.g., reproduce, transcode, copy and store the Bands Music on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors, and publicly perform, transmit, stream, distribute, and playback the Bands Music) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text (Artworks) in connection with the Service); (ii) allow users of the Service to receive public performances and public displays of the Bands Music and Artworks and to reproduce the Bands Music and Artwork on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Band, in connection with the provision of the Service.
To enable Company to Exploit your Music pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the Trademarks) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.
If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting company the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.
The Service provides users with the ability to add, create, upload, submit, distribute or post (Submitting or Submission) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the User Submissions). By Submitting User Submissions on the Site or otherwise through the Service, you:
Furthermore, it is important to stress the Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
The Service is provided as is and as available and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Company, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Electronic Communications Privacy Act Notice (18USC 2701-2711): Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Companyís equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
In no event shall Company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Because Company is not the buyer or seller in any Transaction, if a dispute arises between one or more participants in a Transaction, you release Company (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California civil code ß1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. You, being aware of said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this Agreement, and that without such waiver, this Agreement would not have been entered into by Company.
Because Company is not the buyer or seller in any actual Transaction between bands and fans and is not the agent of either for any purpose, Company does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Transaction.
Company makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
You may contact Company at the following address: team at ragtube dot com.