Read the following Agreement carefully.

If you agree, you must submit this entire form, signed, to THE News & Advance, either by facsimilie, (434-385-5538), mail or in person at 101 Wyndale Drive, Lynchburg, Va., 24501, in order for us to consider using your music files on NewsAdvance.com.

File Restrictions

Mp3 format only
5 mb size limit

Music files should be e-mailed to chylton@newsadvance.com.

By signing this form, you and Media General Operations, Inc. d/b/a THE News & Advance will be entering into an Agreement. The intent of this Agreement is summarized as follows (but you still have to read the whole thing):

1. You will send us your original music and let us post it on our Web site, NewsAdvance.com.

2. People who come to our Web site may listen to your music by downloading it.

3. We may decide not to post your music online, but if we do, we will happily discontinue posting it if you tell us to stop. YOU OWN THE MUSIC. WE DON'T.

4. We will not pay you for the privilege of posting your music, but we hope it will help in getting you some exposure.

5. Not all music is acceptable under this Agreement. You should be careful that it is not obscene or offensive. Also, you can only submit your original work and not a cover of someone else's hard work.

6. While we have a bunch of lawyer types reading over this, it is important to remember that we all like music and this is supposed to be fun.

1. THE FOLLOWING DEFINITIONS APPLY:

a. The reference to "you" in this Agreement means you. If you are in a band or a group, then it means each member of your band or group and the group as a whole. You are responsible for making sure this is OK with them.

b. THE News & Advance means Media General Operations, Inc. d/b/a THE News & Advance, and its successors, assigns, agents, distributors, dealers, and licensees.

c. "Content" means (i) sound recordings of your vocal and/or instrumental performances, (ii) the musical works (i.e., songs, lyrics) embodied in those recordings and works, and (iii) your name(s), trademarks, tradenames, likenesses, photographs, biographical materials, artwork, liner notes, and any other material that you provide to THE News & Advance.

d. "Digital Streaming Transmission" is a digital transmission of a sound recording where a copy of the recording is not made by or for the transmission recipient, as, for example, a webcast.

2. WHAT WE WILL DO WITH YOUR MUSIC. You hereby grant to THE News & Advance permission, on a non-exclusive basis, throughout the universe, to do the following things with the Content:

a. to prepare and encode it, or any portion thereof for Digital Streaming Transmission by any means, now known or hereafter devised. This means we can configure it to be appropriate
for posting it on the Web site.

b. to broadcast, rebroadcast, transmit, retransmit, or distribute it from THE News & Advance Web site through Digital Streaming Transmission. This means we can post it on our Web site and allow
users of the Web site to listen to it through streaming transmission.

c. to link the music file to our online advertisements or third party advertisements for the purpose of promoting this service or highlighting your appearance at a local venue. This means that a link may appear in an advertisement of a club or restaurant where you may be playing. It also means that we can place a link to your song in an advertisement for the service or in our events calendar.

3. YOUR NAME, YOUR FACE AND YOUR INFORMATION. You hereby grant to THE News & Advance permission, on a non-exclusive basis, throughout the Universe, to use your name(s), group name, approved photograph and/or likeness(es) and approved biographical materials solely in connection with the distribution, promotion and advertising of the Content and THE News & Advance Site. You also agree not to assert any privacy, publicity, moral or similar rights held by you (and any other person(s) whose performances are embodied in the Content) under the laws of the United States and any other country in connection with the use of such materials.

4. YOU OWN IT. You shall at all times retain all right, title and interest in and to the Content, including, without limitation, the copyrights. You are solely responsible for providing all copyright notices and other legal notices in connection with the Content. THE News & Advance IS NOT RESPONSIBLE FOR THE ACTIONS OF USERS OF THE News & Advance Web site AND WILL NOT BERESPONSIBLE FOR POLICING YOUR INTELLECTUAL PROPERTY RIGHTS TO THE CONTENT. THIS IS YOUR JOB.

5. WE ARE NOT PAYING YOU TO USE YOUR MUSIC. Unless otherwise agreed between you and THE News & Advance in writing, the permission granted above to THE News & Advance for the distribution of Content under this Agreement shall be royalty free.

6. WE WILL TAKE IT DOWN IF YOU ASK US. You may terminate the grant of rights set forth above at any time by so notifying us in writing or by e-mail addressed to chylton@newsadvance.com.

Upon termination, the permissions listed in Sections 2 and 3 above shall terminate, provided that THE News & Advance shall have a up to ten (10) days to promptly remove the Content from the NewsAdvance.com Web site. THE News & Advance may terminate the grant of rights above at any time by notifying you by e-mail to the e-mail address, which you supply to us. THE News & Advance has no obligations to review, edit or monitor any Content, and reserves the right to remove from its Web site any Content without notice.

7. YOU NEED TO MAKE SURE THE FOLLOWING IS CORRECT BEFORE SENDING US ANYTHING. You represent and warrant that (a) the Content and Artist Merchandise is your or your band's 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 Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (d) the Content does not and will not violate any law, statute, ordinance or regulation, (e) the Content is not and will not be defamatory, trade libelous, pornographic or obscene, (f) the Content 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, and (h) if any member of your group is a minor, you hereby warrant that you have the legal right to execute this Agreement on behalf of the minor artist and guarantee such minor's performance of the terms of this Agreement. You shall be responsible for all licensing, reporting and
payment obligations of any kind to third parties in connection with the Content, including but not limited to any applicable union and/or guild payments, "sample" or "replay" licenses
or payments, and mechanical, synchronization or public performance royalties. You agree to indemnify and hold our users and THE News & Advance 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 memorialize our rights under this Agreement.

These warranties shall survive any termination of this Agreement.

8. WE MAKE NO PROMISES, UNLESS YOU SEE THEM IN THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE News & Advance DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE News & Advance SITE, AND (2) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT WITH RESPECT TO THE News & Advance SITE AND ANY SERVICES PROVIDED BY THE News & Advance HEREUNDER.

9. GOVERNING LAW, VENUE AND AMENDMENTS. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF VIRGINIA, WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES.

ANY DISPUTE BETWEEN YOU AND THE News & Advance REGARDING THIS AGREEMENT WILL BE SUBJECT TO THE EXCLUSIVE VENUE OF THE STATE AND FEDERAL COURTS IN THE CITY OF Lynchburg IN THE COMMONWEALTH OF VIRGINIA. This Agreement may not be amended unless by a writing signed by you and THE News & Advance.

If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. This Agreement is the entire Agreement between you and THE News & Advance and supersedes any other communications or advertising.

10. QUESTIONS? Should you have any questions concerning this Agreement, or if you desire to contact THE News & Advance for any reason, including, without limitation, for purposes of notifying THE News & Advance of any claims of infringement, please contact: chylton@newsadvance.com.

I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE NewsAdvance.com MUSIC SUBMISSION AGREEMENT:

I am over the age of 18, and have authority to sign for the band or group.

Sign here

I Agree