UPSTREAM TERMS OF SUBMISSION FOR ARTISTS

Please read these terms of submission carefully prior to submitting any materials through upstreammusicfest.com (the “Site”). By making a submission, artists are agreeing to the following submission terms as well as the Site’s Terms of Use and Privacy Policy.

Upstream reserves the right, at any time, to modify, alter, update, or remove portions of these Submission terms. We will post any changes to these Submission terms on this page so you can readily review the most current version. We will also use good faith efforts to notify those artists who made submissions prior to any material change about the change. We encourage artists to periodically review these Submission terms for updates.

Scope; Eligibility

Upstream Music Fest + Summit LLC (“Upstream”) is accepting artist submissions (“Submissions”) for consideration for Upstream Music Fest 2018 and to share with certain Upstream partners for other potential opportunities. Submissions may be by individual artists or groups (each, an “Artist”). Upstream welcomes Submissions from any artist age 13 and older, provided that if Artist is under the age of 18, Upstream requires that the [Submission Form] be completed by a parent or guardian of Artist who agrees to these Submission terms.

Submission Process

To make a Submission, Artist should complete the [Submission Form] in its entirety. All Submissions must be in the English language and must be received by the close of the submission period for submissions (as provided on the Site). Incomplete Submissions may be ineligible for consideration. All Submissions are made on a non-commissioned basis and as such, do not create a fiduciary, confidential or contractual relationship between Upstream and Artist, other than the contractual relationship established by these Submission terms.

Submission Requirements; Representations

Submissions must not contain information that is illegal, obscene, threatening, defamatory, slanderous, harmful, abusive, harassing, defamatory, pornographic, indecent, offensive, or promotes bigotry or racism. Submissions must not disparage Upstream or its principals and partners. Upstream my refuse to consider any Submission that it determines does not comply with these requirements. By making a Submission, Artist represents and warrants to Upstream that: (i) the content in the Submission is the original work of Artist and Artist has secured any and all rights, releases and permissions necessary for Upstream’s use such content pursuant to these terms; (ii) all individuals represented in any content of the Submission have signed a release to allow the posting of the Submission through the Site; (iii) the content of the Submission does not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, or other intellectual property-related rights; (iv) the Artist is either over the age of 18 or has had a parent or guardian over the age of 18 submit the Submission on behalf of the Artist; and (v) and the person making the submission has the full power and authority to agree to these Submission terms and make the Submission on behalf of Artist and all individuals who comprise Artist.

Privacy Policy

By making a Submission, Artist agrees that, in accordance with the Upstream Privacy Policy, Upstream and its partners may contact the Artist and use Submission information in accordance with the Privacy Policy. If Artist agrees to allow sharing of the Submission content with Upstream partners, including, without limitation, KEXP and Gigs4U, Upstream may share personally identifiable information of Artist as provided in the Artist’s Submission, as well as the content of the Submission with such partners.

Release and License

By making a Submission, Artist irrevocably grants Upstream its affiliates, principals and partners (the “Upstream Parties”) a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute Artist’s name, voice, likeness and appearance therein and all Personally Identifiable Information provided by Artist as well as the contents of the Submission in conjunction with evaluating Artist for possible opportunities, including at Upstream 2018. To the fullest extent permitted by law, Artist waives all legal and equitable rights, claims demands, actions, suits, damages, and expenses, including but not limited to claims for trademark or copyright infringement, defamation, invasion of rights of privacy, infringement of moral rights, rights of publicity, false light, public disclosure of private facts, emotional injury or distress, or any similar claims or cause of action in tort, contract or any other legal theory arising from any use or exploitation of the content of any Submission by any Upstream Party as permitted hereunder.

Applicable Law; Disputes

Upstream operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Submission terms shall be the laws of the State of Washington without reference to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Submission terms, the Site, and/or the services described herein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Submission terms may be brought by either party more than one year after the cause of action has accrued.

Indemnity

By making a Submission, Artist agrees to indemnify, defend and hold harmless each Upstream Partner from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out such Upstream Partner’s use of the Submission or any Personally, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the Submission or Artist’s violation of these terms and conditions.

Miscellaneous

These Submission terms incorporate by reference the Site’s Terms of Use and Privacy Policy. If any provision of these terms of submission are unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the rest of the terms and shall not affect the validity and enforceability of any remaining provisions. All rights not expressly granted herein are reserved.

How to Contact Us

If you have any questions about these Terms of Use, please e-mail us at info@upstreammusicfest.com

Last updated: October 20, 2017