![]() |
![]() |
|||||||||
![]() |
||||||||||
|
|
Artists*writers*comedians*poets*musicians*photographers are invited to showcase your talent, grow your fan base and increase revenue as a hollah.com artist member. Hollah is now accepting submissions of original works to be integrated into free electronic greeting cards (e-hollahs) on the hollah.com website. How the
program works You retain all rights and interests in your work, and you may have your work removed from the hollah.com site at any time and for any reason. We do not in any way seek an exclusive arrangement to showcase your work, rather we encourage artist members to get as much exposure for their work as possible. Enrollment into the hollah.com artist member program is FREE for a LIMITED TIME ONLY. Artists who enroll during the free enrollment period will get a free one year membership. Artists that join following the free enrollment period will be required to pay a membership fee. why hollah? Check out our artist member sign up kit and become an artist member now! You can join our
artist member program in two easy steps. Artist
members should review the e-hollah greeting categories prior to
submission. Please make a category suggestion for your work. To submit your materials,
please send the following information: Submission via snail mail If
you are submitting the information and work via postal mail, then send to
hollah.com, attn: Artist Submissions, 54 Clifton Place #1, Brooklyn, NY
11238. Include your name, mailing address, email address and phone
number on the back of each sheet. Submissions
via web or e-mail If
you are sending verses electronically, submit them through the Hollah inquiry
form. Include your name, mailing address, email address and phone number
at the top, and a separator line between each verse. To send images via
email, first submit your contact information, including email address in
the Hollah inquiry form, so that we may
send you our image submission email address. Review
policy All
submissions will be reviewed for consideration. Submission does not
guarantee acceptance into the artist member program, and hollah may
decline to use of any work for any reason. Submissions will be selected on
the basis of originality of concept and artistic excellence. If we select
your submission, we will request that you forward your photo, bio, contact
information, venue schedules etc. You may submit as much work as you like.
Hollah.com
Artist Member
Agreement PLEASE
READ THIS AGREEMENT CAREFULLY. To participate in hollah.com artist member
program you must submit only original material that you own or control
that contains no unlicensed portions or "samples" or indecent or
obscene materials. BY SUBMITTING YOUR MATERIALS TO HOLLAH, YOU ARE
EXPRESSLY AGREEING TO THE FOLLOWING TERMS AND CONDITIONS THAT CONSTITUTE
YOUR AGREEMENT WITH HOLLAH. 1. Artist Content
a) You grant hollah the permission, on
a non-exclusive basis, throughout the universe, to do the following:
(i) to prepare and encode Artist Content, for digital transmission
(ii) display, copy, reproduce, publicly perform, broadcast,
transmit or distribute through any electronic means, electronically publish and synchronize with other Artist
Content. b) hollah expressly reserves the right
to reject or remove Artist Content at
hollahs sole discretion for any reason whatsoever, or to modify or edit
the Artist Content to conform to hollah's technical requirements. The
artist member(s) hereby waives any claims they he may have against hollah
in connection with any inadvertent errors or omissions in the Artist
Content as posted by hollah. hollah will not be obligated to return any of
the Artist Content to the artist member(s) under any circumstances.
Artist member(s) understands that (s)he should keep copies of all
materials and should not send hollah the original copy of any of the
materials. 2. Name and Likeness
You grant hollah the permission, on a non-exclusive basis,throughout the universe to use your name, group name, approved photograph
and/or likeness and approved biographical materials solely in connection
with the distribution, exploitation, promotion, marketing and advertising
of the Artist Content and hollah.com site.
You also agree not to assert any privacy, publicity, moral or
similar rights held by you or by any other person(s) whose performances
are embodied in the Artist Content. 3. Retained Rights
You
shall at all times retain all rights, title, and interest to the Artist
Content provided by you, including all copyrights. 4. Compensation
The rights granted above to hollah for
the distribution of Artist
Content shall be royalty free. 5. Term of Agreement
The
term of this Agreement (the "Term") will begin 6. Artist Partner(s) Warranties The artist
member(s) warrants and agrees that: (a) the artist member(s) is eighteen
(18) years old or older and you have the right, power and authority to
enter into this Agreement and to fully perform the terms hereof, and you
shall not be under any liability, restriction or prohibition, in respect
of your right to enter into this Agreement and to fully perform its terms,
(b) the artist member(s) is the exclusive owner of all of the Artist
Content or has the authority to grant all of the rights to the Artist
Content as set forth herein; (c) all information contained on the
Membership Order Form or otherwise submitted as part of this agreement is
accurate and truthful; (d) all sound recordings submitted as part of the
Materials contain the artist member(s)' original performances and does not
use or include any portion of any musical composition or sound recording
that is not entirely owned or controlled by artist member(s) (i.e., there
are no unlicensed so-called "samples" contained in the musical
work); and (e) the Artist Content submitted will not violate any law, or
violate or infringe upon the rights of any other party, including, without
limitation, contractual rights, intellectual property rights, publicity
and privacy rights and the rights against libel, defamation and slander,
and no part of the Materials is indecent or obscene. 7.
Artist Member(s)' Indemnification
The artist member(s) agrees to indemnify and hold
hollah, its successors, assigns, agents, distributors and licensees, from
any claim, demand, liability, cost and expense (including reasonable
attorney's fees) that arise out of, result from or is inconsistent with
any warranty made by artist member(s) in this Agreement. 8.
Hollah's Representation
hollah represents that it will make reasonable efforts to: (a) post the
Artist Content to the web site as soon as possible after receipt of
acceptable Materials; and (b) correct any errors in the Materials posted
to the hollah.com web site discovered and brought to hollahs attention
by the artists member(s) in writing. It will be the responsibility of the
artist member(s) to determine the accuracy and completeness of the Artist
Content posted on the hollah.com web site. The artist member(s)
understands that the general reliability of the Internet and of
connections to and from the hollah.com web site to the Internet may be
controlled by factors beyond the control if hollah; because of this it is
impossible for hollah to insure that access to the hollah.com web site
will be uninterrupted, that all Internet users will be able to access and
use the hollah.com web site at all times, that the Artist Content will be
posted to the hollah.com web site and available to the public promptly or
that the Materials hosted on the hollah.com web site will be without
error. THE ABOVE REPRESENTATIONS ARE IN PLACE OF ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Furthermore, it is understood that hollah makes
no warranty or representation in connection with any future opportunities
that may be presented to the artist member(s) arising out of the posting
of artist member(s)' Artist Content on the hollah.com web site. 9. Limitation of Liability
In no event will hollah be liable for incidental, consequential, special
or indirect damages. Without
limitation of the foregoing it is agreed that hollah will have no
liability whatsoever for furnishing to artist member a link between the
hollah.com web site and the artist member's web site, if any.
10. Additional Provisions
This Agreement contains the entire agreement between hollah and the artist
member(s) related to hollah's provision of the on-line services described
herein. Modifications or amendments to this Agreement shall be enforceable
only if they are in writing and are authorized by the party to be charged.
This Agreement will be governed by the laws of the State of Florida. (d)
This Agreement has been entered into in the State of Florida and the
validity, interpretation and legal effect of this Agreement shall be
governed by the laws of the State of Florida applicable to contracts
entered into and performed entirely within the State of Florida. The
Florida courts, only will have jurisdiction of any controversies regarding
this Agreement; and any action or other proceeding which involves such a
controversy will be brought in the courts located within the State of
Florida, and not elsewhere. Any process in any action or proceeding
commenced in the courts of the State of Florida arising out of any such
claim, dispute or disagreement, may, among other methods, be served by
delivering or mailing the same, via registered or certified mail,
addressed to the address first above written or such other address as may
be designated pursuant to paragraph 12 hereof. Any such delivery or mail
service shall be deemed to have the same force and effect as personal
service with the State of Florida. 11. Indemnification. Each of the parties hereto
shall indemnify, save and hold the other harmless from loss or damage
arising out of or connected with any claim by a third party which is
inconsistent with any of the recitals, agreements, representations or
warranties herein. Either party shall reimburse the other on demand for
any payment made by the demanding party at any time after the date hereof
in respect of any liability or claim to which this indemnity relates and
which has resulted in an adverse final judgment against the demanding
party, or a settlement approved by both parties, in which it is determined
that the ultimate liability is that of the indemnifying party. Prompt
notice shall be given to the indemnifying party of any claim to which this
indemnity relates and the indemnifying party shall have the right, at its
own expense to control the defense thereof; provided that: (a) the
demanding party shall have the right to cooperate in such defense at its
own expense. (b) if the indemnifying party shall not exercise its right to
control the defense, then the demanding party shall, in addition to any
other indemnity hereunder, be reimbursed for its reasonable expenses
(including attorney's fees), if any, incurred in the defense if it shall
be determined that the ultimate liability is that of the indemnifying
party; and (c) if a claim shall be adjudged to be without merit, the
demanding party shall reimburse the reasonable legal expenses incurred by
the indemnifying party in said defense. 12. Notices. All notices to be given by either party pursuant to paragraphs 10 and 11 shall be in writing and shall be delivered either personally to an officer of the addressee, by a nationally known overnight delivery service, by facsimile with a confirmation copy sent by mail or by first class certified or registered mail, return receipt requested. Any notice which is so mailed shall be conclusively deemed to have been given three (3) business days after the date of mailing, or, with respect to personal or overnight delivery, on the date of receipt. The address of the the Artist, until further written notice to the contrary, shall be the address provided with the Artist Content in accordance with the submission details. Copies of all notices sent to hollah by you shall be sent to hollah.com, 4426 Brooks Road, Cleveland, OH 44105 att: nu thought media, Inc./General Counsel. 13. Assignment.
Either party may assign this Agreement to any subsidiary, affiliated or
controlling corporation or to any party owning or acquiring a substantial
portion of its stock or assets. IN WITNESS WHEREOF, the parties have executed this Agreement
the day the artist member or the artist member Representative (Primary
Contact / Authorized Agent) indicated expressed interest in participating
in the artist member program by submitting Artist Content for placement on
hollah.com.
|
|||||||||