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As a GI musical artist and/or songwriter you are welcome and we gladly welcome you to join GI Jams. tre

GIJams.com
a GIJAMS ™, LLC Web Site
TERMS OF SERVICE

1. Eligibility To Join and What Songs and Recordings May Be Submitted.
The term “GI”, as it is used herein refers to all men and women who are serving, or have served, in our U.S. armed forces, in any branch, enlisted or officer, whether currently serving on active duty, in the reserve or a veteran of active or reserve military service, and we thank those who have served with all of our hearts for your service.
a. If you fit the term “GI” as used herein, whether you are an individual singer, musician, writer and/or performer, or in a musical band or group (consisting of Two (2) or more people, including yourself) who is the owner (alone or with others in your band or musical group) of all recordings, songs and/or videos submitted to us, now and in the future you are eligible to join GIJams.com. (GIJams.com is a GI JAMS ™, LLC web site. GI JAMS and GIJams.com are used interchangeably hereunder and either name shall refer to and include both.)
b. Only One (1) member of a band or group need be a GI in order to join.

2. Rights, Grants and Considerations
In order for GIJams.com to feature, market and promote you, your musical talents and the music you create and/or perform, there are certain licenses and grants needed from you so that we can do so on your behalf. Accordingly, in return for, and in order for us to carry out, the actions for you set forth below (in sub-paragraph “2,c”), you, as of this date, grant GIJams.com the following:
a. a license to us to post, offer for sale and sell downloads worldwide of your song(s) (“Song(s)”), your performances (“Performance(s)”) and your audio and video recording(s), (“Recording(s)”) submitted by you to GIJams.com, in accordance with all of our current and future programs (herein “Downloads”) and to post all pictures of you and all writings and materials, by and/or about you, including, without limitation, all those submitted by you to us, in any and all locations on our web site and all other physical and on-line locations that may be involved with or selected by us for purposes of promotion, marketing and sales of you and your Musical Submissions (herein, the “Initial License”).
b. In return for the rights and grants assigned by you to GIJams.com in the above Initial License for the period indicated below (in sub- paragraphs “2,c,” and “2,c,i”), you shall receive the following:
i the featuring, exposure and promotional opportunities of and for you and your music by us, including the posting, offering of and payment to you for Downloads for sale by and on GI Jams.com and related sites (as set forth first above) of your Song(s), Performance(s) and/or Recording(s) (hereunder collectively Your “Musical Submissions”) in accordance with our current (and any future) programs to do so,
ii payment to you by us of One Hundred (100%) Percent of the profits (“Profits”) from each Download actually sold hereunder. (Profits is defined for this sub-paragraph as all monies remaining after payment and recoupment by us, of all of our costs and expenses respecting and related to the sale and delivery of each such Download and payments to you from such Downloads (Your “Download Payment”). We may, under certain conditions we determine for purposes of promoting you and your music, offer free or reduced price for such Downloads.
(A) Such payments to be sent to you by U.S. regular mail or on line at the e-mail address you have indicated for such, within Thirty (30) days of the end of the prior calendar quarter (and containing payment for the total number of Downloads of your (and any of your band or group members’ and/or song collaborators’) submitted Song(s) Performance(s) and/or Recording(s) sold during that prior calendar quarter. Sales activity on your Downloads will be continually available on line. All payments, which shall be made when a minimum of at least Twenty Five ($25) Dollars) has accrued, are final when cashed, used or otherwise processed by you (including respecting any and all collaborator(s) and/or band or group member(s) involved in the submitted materials covered by each such respective payment).
(B) Such payments are to be distributed by you, between you and any band or group member(s) and/or writing collaborator(s), if and to the extent they are involved in any of the Downloads (as indicated in paragraph “3” and its sub-paragraph “3a” below).
iii. In addition to all monies and other considerations received by you under this Agreement, a portion of GI Jams “Net” profits shall be paid over to a GI Jams general fund and/or 3rd party organization(s) (herein the “Fund”) for the purpose of helping GIs and their families in need to the best we can determine and provide.)
(A) “Net” is defined for the above sub-paragraph as monies remaining after payment and recoupment by us of all costs and expenses incurred by us to create and continue GI JAMS [and its functions] and this web site)
c. So that GI JAMS has the opportunity to determine to what extent it can be able to further promote you and your Musical Submissions and if there are additional music and entertainment opportunities we can attempt to provide (as they are indicated below in sub- paragraphs “2,d,i” through “2,d,iv”), the Initial License granted by you to us herein above shall be an exclusive license for a period of Six (6) Months, beginning on date this agreement is made (the “Initial License Period”) thereafter, the Initial License shall be non-exclusive for so long as any of your Musical Submissions and other materials remain posted by us (herein the Additional License Period”).
i. For additional Musical Submissions made by you after this date, a period of similar terms to the Initial License Period shall commence as of the date submitted respecting each such additional Musical Submission(s) (the first such period to be referred to hereunder as “Initial Period 2”, followed by consecutive numbering respecting each respective additional Musical Submission(s)), each followed by an Additional License Period for each such additional Musical Submission(s)).
d. In order for GIJAMS to attempt to further promote you and your Musical Submissions, alone and/or with any band or group members and/or collaborators of yours, (herein Your “Related Artists”) in the music and entertainment industries, GI JAMS shall have a “First Opportunity” to enter into a further understanding with you to undertake such additional activities on your (and any of your Related Artist’s) behalf, which we may exercise at any time during the Initial License Period, the Additional License Period, or any respective New Submissions Period(s) by e-mail to you from us at your e-mail address of record previously indicated in the artist sign-up section, granting GI JAMS the approval and ability to promote your Song(s), Performance(s) Recording(s) and all other aspects of your and your Related Artists’ musical and entertainment activities, subject to a reasonable additional period of time to finalize the First Opportunity understanding with you (and any Related Artists) for such further activities to be undertaken by us and payments and other considerations to you for all of such, including in the areas of, production, shows and performances (live, web, broadcasted and/or recorded), career direction and copyright administration of your songs and recordings, and all other related functions and/or our attempting to appoint, license and/or otherwise contract third parties on your behalf, if and as we determine, for such purposes, including:
i. production of remixes and/or new recordings (audio and/or audio-visual) of your song(s), Performances and/or Recording(s), and/or seeking to obtain contracts for, or otherwise cause, the production of them.
ii. manufacture and/or release of recordings of you and/or your Musical Submissions on GI JAMS’ (and/or associated) labels, administrate your song copyrights and recordings, and/or seek to obtain a contract(s) for your (or your band’s or group’s) services as a recording artist with a major, or other 3rd party, record or distribution company.
iii. providing opportunities, through GI JAMS regular programs, activities and productions,
for you or your group for live, web, radio and TV, video and audio visual and/or motion picture
appearances and all other forms of and venues for performance(s) and other activities and functions generally undertaken, (to the extent we are involved in such productions and/or seek same with and through 3rd parties) and including representation in the fields of music and entertainment.
vi. GI JAMS, in addition to, at its election, funding any such recordings, remixes, audio visuals and/or other productions, will attempt to have producers and/or other 3rd parties, as a contribution to our cause, donate or otherwise provide the monies, facilities and/or personnel to GI Jams as a donation for the purpose indicated herein and/or on “spec”.
(A) Although there are industry standard fees for copyright administration, GI Jams shall not collect an administration fee for any downloads originating from licenses granted by us in the U.S. and such fees shall only be required, should any third party licensee(s) and/or administrator(s) be appointed by GI JAMS that require same.
(B) In all cases, regarding administration and agency fees, GI JAMS shall attempt to have 3rd parties donate their services to GI JAMS, in whole or part, to the benefit of our GIs, including to you regarding your respective portion of any such benefits.

3. Receipt & Payment of Any Monies Due Band or Group Members
You hereby acknowledge that any and all payments to you hereunder shall include payment(s) to all additional parties, if any, that are involved as writer(s) of the submitted Song(s) and/or in Performance(s) and/or Recording(s). You hereby agree that it shall be your responsibility (and not the responsibility of GIJams.com) to (i) have obtained the approval of any and all Related Artists, to the extent of their respective interests, for the posting and selling of all Musical Submissions and all licenses, Option, and potential additional uses and actions by, and grants to GI JAMS hereunder, and (ii) pay to any such Related Artists all such respective portion(s) of any such payments from GI Jams and GI Jams shall rely on your agreement herein to obtain such approvals and make such payments.
a. When more than one GI is in a band or group (as the term “GI” is used herein) then only one of its members is to be selected as the one to receive all monies from sales of your Submitted Materials. While any other GI band or group member(s) will be credited as you indicate and may set up their own profile page(s) on this site, you acknowledge and agree that you shall be the member to receive and distribute the correct portion of said monies to any such other members.

4. Ownership of Your Songs, Videos, Performance and Other Submitted Materials
a. With respect to each and any Song(s), Performance(s) and Recording(s), (audio and/or and/or audio-visual), that you submit to GI Jams, now and in the future, you hereby agree and warrant that each and all of them are and shall be owned solely by You or, if you are in a group or band, by you and your other band or group members.
b. We shall have the right to not accept or to remove any of your Submitted Materials if, in our judgment, any song(s) or other materials or behavior infringes, is indecent or if a claim is made by any party and/or if the rules are not followed, or, in Our judgment and determination, does or may cause problems for You, GI JAMS and/or any other party.

5. Submitted Music and Videos
All songs and performances and all recordings and videos uploaded to GIJams.com must not be, or have been, uploaded to or available on any other web site or be (or have been) in release by any record Co. other than artist’s own, and shall not be posted to or by any other site or company during the Initial License Period hereunder . GIJams.com has the right to turn down or remove any song or artist if, in our judgment, any song(s) or other materials or actions are not within our requirements, infringes against others’ works, is violent, indecent or in any way could or, in our determination, does cause problems for you, us and/or any other party, if a claim is made by any party and/or if our rules and requirements are not followed.

6. Publicity
You hereby grant to us the right to issue and authorize publicity concerning you (and any Related Artists), if and as determined by us, and to use your name, likenesses and biographical data, including information about your military service and, if in the reserve or retired, your current activities (from such biographical data and information conveyed and/or submitted by you) and information in connection with your Musical Submissions (and any and all recordings and/or packages containing them) in connection with, without limitation, our promotion and marketing, advertising, exploitation, distribution, exhibition and merchandising. (Such right shall be exclusive during the Initial License Period and at all other times a non-exclusive license in perpetuity.)

7. E-Mails
During the time you have Submitted Materials on GIJams.com and or have a profile page on this site, in addition to technical e-mails and/or others from us regarding use and/or functioning of this site by you or in general, we may send you e-mails indicating our programs and activities available to you as a member of GI Jams, information about or sponsors and advertisers, including regarding any offers, discounts and/or other opportunities, which through and because of GI JAMS may be available to you, and/or about those parties and those who donate to and/or otherwise support us and/or our programs on behalf of our GIs, which, at any time you have no Submitted Materials or profile page on this site, shall, upon your e-mail request, no longer be sent to you.

8. Security Precautions, Right To Remove Materials  
a. We know and respect the care that You (and all members of our Armed Forces) take when on active duty and in other relevant situations to follow all security measures and precautions to protect all confidential facts, information and activities that you know or may know, and/or be part of, and you acknowledge and agree that while on this site it is extremely important that you will be careful as to what information you share about yourself, your mission, location of assets or activities that are and should remain confidential.  
b. We shall have the right to not accept or to remove any of Your Submitted Materials if, in our judgment, any song(s) or other materials or behavior infringes, is indecent or if a claim is made by any party and/or if the rules are not followed, or, in our judgment and/or determination, does or may cause problems for You, GI Jams and/or any other party.

9. Amendments
We may amend, modify, change, add or remove portions of this agreement or any guidelines at any time without notice to you by posting a revised version of this agreement and/or such guidelines on GIJams.com, which shall be effective at the time we post it. Please check this agreement periodically for changes. Your continued use of GIJams.com beyond one (1) week after posting of any changes constitutes your agreement with and acceptance of such changes. We last modified this Agreement on 1/11/09. The revised version will apply to you immediately if you are a user who registers with this site on or after the posting of any such revised version. We may provide you with notices, including those regarding changes to any of the terms and conditions of this agreement, by email. Such e-mail notice(s) shall be deemed given twenty-four (24) hours after any such email is sent. Notices not pertaining to any amendments to this agreement or any guidelines (such as notices relating to any technical changes to or processes regarding this site) shall be deemed given 24 hours following the initial posting.

10. Headings
The headings in this agreement are for organization only and have no legal meaning or significance.

11. This Agreement
You hereby confirm that you understand all set forth in this agreement, that you are free and clear to enter into this agreement, and that you and your Related Artists, if any, have not assigned to any other party any of the rights and grants assigned to us herein, now or in the future.

Date of this agreement: 1/11/09