YOUR SIGNATURE ON A HARD COPY IS NOT REQUIRED FOR THIS AGREEMENT TO BE LEGALLY BINDING ON YOU THE LABEL OR CONSUMER. BY SUBMITTING PAYMENT  YOU  AGREE, THE SERVICES PROVIDED BY NCIAA HAS THE SAME FORCE AND AFFECT AS YOU SIGNING A HARD COPY OF THIS AGREEMENT

Print Copy of Agreement

Building an International Spirit of Music Cooperation

 ACCEPTANCE OF TERMS THROUGH USE

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Subscription Agreement”). If you do not agree to the Subscription Agreement please do not subscribe to any of the services. We reserve the right, at our discretion, to update or revise the Subscription Agreement. Please check the Subscription Agreement periodically for changes. Your continued use of this site following the posting of any changes to the Subscription Agreement constitutes your acceptance of those changes.


SUBSCRIPTION AGREEMENT

This Subscription Agreement sets forth the entire understanding between you (an individual, representing yourself, or if applicable, acting as legal representative for a group, business entity or corporation) and National Club Industry Association of American (NCIAA) , (referred to as "we","us" or NCIAA), with respect to any service we offer (the "Service").

1. Term and Service Benefits

The term of this Agreement shall commence when you agree to this Agreement and initiate payment for our Service. This Service will continue for a period of one year, which unless terminated by either party as provided below, automatically shall renew for successive annual periods (the "Term"). During the Term, you shall be afforded with the use and benefit of those Service features described on our website, which may be revised by us from time to time as provided below (the "Service Benefits"). Due to technical considerations, certain Service Benefits may not be available to you immediately upon commencement of the Term, but shall be provided to you as soon as commercially reasonable. Please direct any questions about the Service or Service Benefits to us by email at: labels@nciaa.org . In addition to the terms of this Agreement, you agree to abide by the terms and conditions included in the User Agreement, including but not limited to, agreeing not to use this site for any unlawful purpose, and to the terms and conditions of our Privacy Policy.

2. Accuracy and Posting of Information and Materials

As further consideration for these service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. You also grant to NCIAA the limited right to enter into an agreement with a third-party on your behalf, only to the extent necessary and solely for the purpose, to enable NCIAA to perform its services and carry out its obligations under the then current Services Agreement between you and NCIAA as described on our Web site and in this Services Agreement regarding the uploading and posting of your Materials to our Internet music distribution site.

3. Ownership of Materials

You shall retain full ownership of your materials, which may include, but are not limited to: sound recordings, musical compositions and/or vocal works, pictures, videos, song lyrics, album and other artwork, liner notes and other related materials (“Materials”) at all times, while granting to NCIAA the non-exclusive rights and licenses set forth in this Agreement. By accepting this Agreement and/or submitting your Materials, you are guaranteeing to NCIAA  that you are of legal age to enter into contracts in your jurisdiction (and in any event you have reached 18 years of age) and have all rights, approvals and/or consents necessary to submit your Materials on the terms provided herein. You also guarantee that no permission is required from any other individual or company for the use of your Materials and other rights provided herein. You further guarantee to NCIAA  that the compositions, recordings, lyrics, artwork and other materials contained in your Materials are original, created solely by you (or you own them as a result of your purchase of all rights therein and thereto from the lawful owner), do not contain any "samples" or excerpts from any copyrighted material or the material of others, and do not otherwise infringe on the rights of any other individuals or companies. You also guarantee that the content of your Materials does not and will not violate any other applicable laws, including without limitation those pertaining to defamation, libel or obscenity. Lastly, you guarantee to NCIAA that your Materials do not contain and will not produce any "viruses" or other information that may damage or otherwise interfere with our computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to NCIAA under this paragraph and you shall indemnify NCIAA and its customers from any damages and costs, including reasonable attorney's fees, arising from your breach. You shall sign and deliver to NCIAA any additional documents that NCIAA may request to confirm NCIAA's rights under this Agreement. If you believe that your Materials have been copied and are accessible on this site in a way that constitutes copyright infringement, you may notify NCIAA at Legal@nciaa.org.

4. Termination

You may terminate this Agreement by notifying us at any time by email to: Labels@nciaa.org. and NCIAA will remove all of your Materials from our site and database within a business reasonable period of time, upon receipt of your written request for such removal and your access to the Service Benefits shall terminate immediately upon such receipt. NCIAA will not be responsible for any copies of your Materials that may have been disseminated before we actually remove your recordings from our system. We shall not refund any portion of the Subscription Fee you have paid or agreed to pay, unless you are requesting termination under the terms and conditions defined in “Modifications to Agreement” below. If we offer a Payment Plan and you have chosen to pay for our Service by participating in our Payment Plan (see “Subscription Fees”), any remaining balance owed to us will be billed in total, to your credit card, immediately upon receipt of your written termination request. We may terminate this Agreement at any time by so notifying you, effective as of your actual receipt of such notice or after sending notice of termination to the email address you supply to us, whichever is sooner. In the event we terminate this Agreement due to your failure to meet the terms and conditions of this Agreement, our User Agreement or our Privacy Policy, we shall not refund any portion of the Subscription Fee and, if you have chosen to participate in the Payment Plan offered for this Service, will immediately bill, in total, any remaining balance owed to us to the credit card account you provided. If we choose to terminate this Agreement for reasons not related to you, we will refund to you the portion of the Subscription Fee for which we have not yet performed service.

5. Subscription Fees

As consideration for the services you have selected, you agree to pay NCIAA the applicable service(s) fees set forth on our Web site at the time you elect to subscribe to this Service or any other NCIAA service. All fees are due immediately pursuant to the payment option you choose and are non-refundable, subject to the above paragraph titled “Termination” of this Agreement. NCIAA may take all remedies available to collect fees owed. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal. By providing credit card billing information, you shall be authorizing us to charge that credit card until the termination of this Agreement. We have the right to immediately discontinue your ability to use the Service if we do not receive payment when due. Regardless of the method of payment, it is your responsibility to advise us of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known. Your credit card issuer agreement governs the use of your designated credit card account in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder.

6. Modifications to Agreement

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on the NCIAA Web site, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail. Notice of your termination will be effective on receipt and processing by us. If you choose to terminate service with us due to a modification to our subscription agreement, any fees paid by you to us for which service has already been provided will not be refunded. However, if you have paid for services that have not been fulfilled at the time we receive your request for termination and your request is due solely to a modification in our subscription agreement, we will refund to you the portion of payment for which we have not yet performed service. We will not provide refunds to you for any reason other than a modification we have made to our Subscription Agreement. By continuing to use this Service after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you might use to apply for our services; or in (ii) information posted on our Web site of a general informational nature.

7. Modifications to Your Account

In order to change any of your account information, you must use the User Name and the Password that you selected when you registered as a NCIAA Label Member. Please safeguard your User Name and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your User Name and Password.

8. Breach

You agree that your failure to abide by any provision of this Agreement, any NCIAA operating rule or policy, the dispute policy, or your willful provision of inaccurate or unreliable information as part of the application process, or your failure to update your information to keep it current, complete or accurate, or your failure to respond for over thirty (30) calendar days to inquiries from us concerning the accuracy of the contact details associated with your account information may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, we may then terminate all NCIAA' service(s) you are using without further notice. We will not refund any fees paid by you if we terminate your Agreement due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

9. Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

10. Entire Agreement

You agree that this Agreement, the rules and policies published by us, the User Agreement and the Privacy Policy are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the User Agreement and the Privacy Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

11. Transfer and Assignment

Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.

12. Agreement to be Bound

By applying for a NCIAA-TrakHeadz Label Membership service(s) or by using the service(s) provided by the TrakHeadz Program under this Subscription Agreement and our User Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of both agreements and any pertinent rules or policies that are or may be published by NCIAA.