Submit your track, choose a genre, and share it with your friends! The demos with the most votes get ranked up the chart and will be listened to by our A&R managers. If they like what they hear, your track will be picked & released on one of our labels. Happy hunting!
5. Spinnin Records reserves the right to entirely or partially modify, change, withdraw, (temporarily or permanently) suspend, discontinue or terminate the Talent Pool and/or any of its features and functionalities at any time and for any reason, without giving any reasons and without notice. Spinnin Records also reserves the right to discontinue, suspend, terminate or cease providing access to the entire Talent Pool or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individuals, groups of individuals, individual territories, states or countries only.
6. You hereby agree that Spinnin Records and its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders shall not be liable to you or to any third party for any changes or modifications to the Talent Pool as mentioned above, or for any decision to suspend, discontinue, terminate access or terminate the Talent Pool as mentioned above.Facebook account
7. Use of the Talent Pool is free of charge. You can and may only use and access the Talent Pool with your Facebook account which contains a valid e-mail address (which remains valid). Your e-mail address and any other personal information you have provide with your Facebook account will only be used by Spinnin' Records to manage the Talent Pool and to contact the Selected Talents (see below). You hereby agree that the Talent Pool (i.e. the application) may access your Facebook account, may use your e-mail address and your personal information as mentioned afore. You also agree that Spinnin Records may post messages on your Facebook account / on your ‘timeline’.
8. Mind that you are responsible for any and all activity emanating from your Facebook account, whether said activity was authorized by you or not. You may not use any other person's Facebook account to use or access the Talent Pool, or attempt to do so.
9. You may not use or access the Talent Pool with a Facebook account in the name of another person or company or post messages, Tracks in the name of another person or company. You may not impersonate any other person or company.Use of the Talent Pool
a. You may not copy, capture, adapt, perform, duplicate, rip, (re)publish, make available or otherwise communicate to the public, transfer, (re)distribute or otherwise exploit or use any Tracks posted on the Talent Pool, except where said Track is your own Track, or where these Terms permit such;
b. You shall not make use of and/or infect the Talent Pool platform with any viruses, worms, spyware, adware, malware and bots or other malicious contents, such as but not limited to data mining tools, automated scripts, apps, bots, botnets, spiders, trojan horses, plugins or extensions with respect to the Talent Pool (or any Tracks on the Talent Pool), regardless of the configuration or ways and mode of operation, including (without limitation) any of the foregoing that manually or automatically generates any kind of messages (including Facebook messages, Facebook ‘likes’, Twitter messages, votes), plays Tracks, generates comments (including Facebook and Twitter comments) or favorites any Tracks;
c. You may not make use of any aforementioned or other content, programs or facilities to increase your number of votes or otherwise to misrepresent the popularity of your Tracks;
d. Between you and Spinnin' Records, the Talent Pool platform, including its underlying idea, format and designs, shall be considered as being a copyright protected work. Therefore, you may not copy the Talent Pool format and/or exploit, publish, duplicate or reproduce or otherwise use the Talent Pool format or similar platforms or formats;
e. You may not copy, reverse engineer, reverse assemble, decompile, modify or adapt the object and source code of the Talent Pool, or attempt to do so;
f. You may not submit, share, upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise exploit and/or make available or communicate to the public any Tracks that are (i) indecent, obscene, sexually explicit, offensive, racist, abusive, libellous, defamatory, that promote or glorify violence, terrorism, or illegal acts, that incite hatred or violence on grounds of race, gender, religion or sexual orientation, or are otherwise objectionable in Spinnin Records’s reasonable discretion, (ii) that violate or infringe the rights of third parties (including, without limitation, copyright, trademark rights, tradename rights, rights of privacy or publicity, confidential information or any other right) or (iii) that consist of any unauthorised advertising, spam or any promotional messages.
Therefore, you may and must not submit, store, distribute, publish, upload, send, transmit, perform, display, make available or otherwise communicate and make available to the public any Tracks to which you do not hold the necessary rights. Any use of materials within your Tracks to which you do not hold the necessary right may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may and will result (i) in removal of your Facebook account and Tracks from the Talent Pool, (ii) in civil litigation, (iii) in criminal prosecution.
12. Spinnin Records has the right to remove or disallow any Tracks from the Talent Pool without giving reasons and without prior notice. You can not remove any Tracks after you have submitted them to the Talent Pool. You may however make a motivated request to Spinnin' Records (email@example.com) for the removal of a Track.Grant of License
13. By submitting, uploading or posting your Tracks (‘Your Tracks’) to the Talent Pool, you grant Spinnin Records a limited, non-exclusive, free, worldwide license to publish, display, make available, transmit, distribute, copy, reproduce and otherwise communicate Your Tracks on the Talent Pool platform and on all Spinnin Records online media platforms (such as, but not limited to its Youtube-channel (or any other Youtube-channel owned or controlled by Spinnin Records, Facebook, Twitter, its website(s)). This license is granted separately for each item of Your Tracks that you submit to the Talent Pool.
15. You may use all social media (Facebook, Twitter, etc.) or other media to collect as many votes as possible for Your Tracks. The more votes you collect, the more attention from Spinnin Records Your Tracks will attract.
16. Spinnin' Records will choose the winning Tracks at its sole discretion and without giving any motivation or reasons, and regardless of the amount of votes the winning Track has collected. Spinnin Records is not under the obligation to (and shall not) correspond with you, in any way, about the selection of the winning Tracks. If your Track(s) get(s) chosen by Spinnin Records as one of the winning Tracks, you will be hereinafter referred to as ‘Winner’.
17. There is no minimum or maximum Tracks to be chosen as winning Tracks. Spinnin Records may choose a winning Track at any moment and may choose not to select a winning Track at all. Spinnin Records will notify the Winner by e-mail, by Facebook message or by Twitter message.Exclusive Record Deal
18. You hereby grant Spinnin' Records an exclusive right of option to enter in an exclusive ‘Record Deal’ with you for each Track you submit to the Talent Pool. This option is granted exclusively to Spinnin Records (thus excluding any third parties) for a term of three months starting at the moment a Track is submitted. The contents of the Record Deal are available at http://www.spinninrecords.nl/talentpool/talentpoolrecorddeal.pdf. The Record Deal is an exclusive producers-, and/or publishing, and/or copyright- and neighbouring right-, and/or management agreement. You hereby explicitly and without any reservations agree to this Record Deal at its contents. Spinnin Records may exercise the right of option at any moment by sending an e-mail, Facebook message or Twitter message. However, Spinnin' is never under the obligation to exercise the option.
19. For the avoidance of doubt: By submitting any Track to the Talent Pool, you warrant (i) that you are authorized to do so, (ii) that you are authorized to enter into the Record Deal and (iii) that you are not bound by any other agreements with third parties (such as, but not limited to publishing and management agreements) which may restrict or impede the exploitation of Your Tracks by Spinnin' Records or which may restrict or impede the execution of the Record Deal by Spinnin Records in any way possible.
20. From the moment the Winner gets chosen, he or she will remove the winning Track from his or her SoundCloud-account and from any other online platforms, portals and sharing services and Spinnin' Records shall remove the Track form the Talent Pool.Representations and Warranties
21. You hereby represent and warrant explicitly to Spinnin Records (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders) as follows:
b. Your Tracks do not and will not infringe upon, or violate, any third party rights (such as, without limitation, any intellectual property rights, portrait rights, database rights, performers’ rights, rights of privacy).
c. You have obtained all rights, licenses and/or permissions from any persons appearing in Your Tracks in order to include their name, voice, appearance, portraits, performance, properties or likeness in Your Tracks and Content and to submit and publish those on the Talent Pool.
d. Your Tracks, including any messages and comments that you may submit to the Talent Pool, are not and will not be indecent, obscene, sexually explicit, offensive, racist, abusive, libelous, defamatory, and shall not promote or glorify violence, terrorism, illegal acts, incite hatred or violence on grounds of race, gender, religion or sexual orientation, or are otherwise objectionable in Spinnin Records’s reasonable discretion.Liability for Tracks
22. You hereby acknowledge and agree that you are solely responsible and liable for all of Your Tracks that you submit, post, publish or distribute to, or on the Talent Pool, and to the extent permissible by law, Spinnin Records excludes all liability with respect to all Tracks and the activities of its users with respect thereto.
23. Spinnin' Records (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders) hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from any Tracks submitted to the Talent Pool by its users, including, but not limited to, any claims for infringement of any rights, intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, racist, pornographic, obscene or offensive material, or any claims relating to the completeness and accuracy of any Tracks, documents and information provided by users on the Talent Pool.
24. To the extent permitted by law, by accessing, visiting and using the Talent Pool, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Spinnin Records (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders).Indemnification
25. You hereby explicitly agree to indemnify, defend and hold harmless Spinnin Records, (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders) from and against any and all claims, obligations, damages, losses, expenses, and costs, including actual attorneys’ fees (in and out of court), resulting from:
b. any third party claim (justified or not) of infringement of any rights including but not limited to copyrights or other intellectual property rights of Your Tracks on the Talent Pool, and/or your submitting, publishing and making available thereof to other users of the Talent Pool;
c. any activity on the Talent Pool related to your Facebook account, be it by you or by any other person accessing your Facebook account with or without your consent.Reporting Infringements
26. If you find any Tracks on the Talent Pool that you believe infringes upon your rights of intellectual property, please report this to Spinnin Records providing the following information:
a. A description and the exact name of the relevant Facebook account, and the exact name of the Track, including the URL (if possible);
b. a statement that you have identified Tracks on the Talent Pool that you believe infringes your rights or the rights of a third party on whose behalf you are entitled to act;
c. a statement explaining which rights are (allegedly) infringed upon, that your information is accurate and that you are fully authorized to act on behalf of the owner of the right that is (allegedly) infringed upon;
d. your full name, address and telephone number (including the international call prefix), a valid e-mail address, and your Facebook user name if you have one.
27. Such reports may be send by e-mail to firstname.lastname@example.org or in writing to:
Spinnin Records B.V.
Attn. Team Talent Pool
P.O. box 2231
1200 CE Hilversum
28. The Talent Pool is provided ‘as is’, ‘as available’, and ‘with all faults’. Spinnin Records makes no guarantees, warranties, representations or promises of any kind whatsoever (express or implied) regarding the Talent Pool. Spinnin Records does not guarantee (i) the uninterrupted, secure, error-free or timely use of the Talent Pool, (ii) that defects will be corrected, or (iii) that the Talent Pool or any part thereof will be free of viruses or other harmful components, (iv) that the Talent Pool shall not harm your hardware and/or software and (v) that the Talent Pool is fit for a certain or particular purpose.Limitation of Liability
29. Spinnin Records (including its employees, agents, directors, subsidiaries, successors, assigns, affiliates and shareholders) shall have no liability for any loss of profits, any other loss, or damage arising from:
a. Any temporary or permanent suspension of the Talent Pool, temporary or permanent cessation of access to the Talent Pool and any changes that Spinnin Records may make to the Talent Pool or any part thereof;
b. Any errors or omissions in the Talent Pool’s technical operation;
c. Your inability to access, visit or use the Talent Pool or your inability to submit any Tracks;
d. Any action by third parties taken against you with respect to any (alleged) infringement of such third party’s rights relating to Your Tracks or your use of the Talent Pool;
e. Any loss or damage to any hardware or software, any loss of information and/or data (including Your Tracks);
30. Any claim or cause of action against Spinnin Records related to your use of the Talent Pool and/or arising out of your use of the Talent Pool must be notified to Spinnin Records as soon as possible and by registered mail, only to the aforementioned address.
32. Note that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages; therefore the above limitations or exclusions may not apply to you. If this is the case, you acknowledge and agree that such limitations and exclusions reflect a fair, reasonable allocation of risk between you and Spinnin Records, also given the fact that the use of the Talent Pool is free of charge, and that Spinnin Records’s liability will be limited to the maximum extent permitted by applicable law.Miscellaneous