ARTISTS’ SUBMISSION AGREEMENT

Please read and understand this Artists’ Submission Agreement (this “Submission Agreement”), Ility’s Terms of Use and End-User License Agreement (the “EULA”, located at http://Audiovine.com/eula.html), and Ility’s Privacy Policy (located at http://AudioVine.com/privacy.html), and the Peer-to-Peer Software User Advisory (the “P2P Advisory,” located at http://AudioVine.com/P2PAdvisory), before attempting to submit, upload and/or post Artist Content (as defined in the EULA) to the AudioVine website. This Submission Agreement, as supplemented by the EULA, Ility’s Privacy Policy and the P2P Advisory, all of which are hereby incorporated by reference, constitutes a legally binding agreement between Ility Software LLC (“Ility”, “us”, “our” or “we”), the owner of Ility Software and the domain located at www.AudioVine.com (the “Site”), and you ("you," "your" or “Artist”) on the other regarding your submission and our display and distribution of any Artist Content (hereinafter defined) submitted by you to AudioVine. (Hereinafter, Ility, Ility Software and/or the Site, are collectively and/individually referred to as “AudioVine”).

Capitalized terms that appear in this Submission Agreement and which are not defined herein are defined in the EULA. You should refer back to the EULA, Ility’s Privacy Policy and the P2P Advisory as you read this Submission Agreement so that you understand the terms and conditions that you are agreeing to and are bound by with respect to your submission of Artist Content. We have the right to change the terms and conditions of this Submission Agreement, the EULA, the Privacy Policy and the P2P Advisory at any time. As such you should also refer back to each document on a regular basis since your continued use of AudioVine constitutes an agreement to be bound by any modifications we may make.

If at anytime you do not agree with all the terms and condition of this Submission Agreement, including any modifications to it, please immediately terminate your Artist Account (as described herein) and discontinue your use of the artist submission features of the Site. Each time your submit or attempt to submit Artist Content to AudioVine, you acknowledge that you agree with and accept all of the terms and conditions of this Submission Agreement as well as the terms of the EULA, Ility’s and Ility’s Privacy Policy, without exception, including any amendments or modifications thereto.

AGE REQUIREMENTS: AudioVine’s submission features are not intended for anyone under the age of 16. If you are under the age of 16, you are not eligible to submit Artist Content so please do not attempt to do so.

You may enter into this Submission Agreement and submit Artist Content to AudioVine if you are at least 18 years of age or an emancipated minor. If you are under the age of 18 but at least 16 years of age, although you may not enter into this Submission Agreement on your own behalf, you may do so through your legal guardian or parent. If you are under the age of 18 but at least 16 years of age, your parent or legal guardian must review the terms of this Submission Agreement and agree to be bound to its terms and conditions on your behalf. If your parent or legal guardian does not agree to be bound under this Submission Agreement on your behalf, you may not submit Artist Content to AudioVine.

When you click the "I ACCEPT" box below and each time you submit or attempt to submit Artist Content to AudioVine, you are confirming that (a) you are at least 18 years of age or an emancipated minor and agree to all the terms hereunder unconditionally on your own behalf; or (b) that you are under the age of 18 but at least 16 years of age, and that you have received your parent's/guardian's express consent to do so and that your parent/guardian (i) is not a minor (ii) has read this Submission Agreement and (iii) is entering into this Submission Agreement on your behalf and understands, agrees that he or she shall be fully responsible for you with respect to all matters relating to this Submission Agreement without exception. If your parent or legal guardian does not agree to (or cannot comply with) these or any of the other terms and conditions in the Submission Agreement, or he or she does not wish you to register with AudioVine on your behalf, do not click the "I Accept" box and do not use or attempt to use the submission features of this Site. (In the event your parent or legal guardian is entering into this Submission Agreement on your behalf, we reserve the right to request that he or she provide certain additional information).


1. Submitting Artist Content.

“Artist Content” refers, in whole or in part, to all, media, information and materials including but not limited to all music, audio, video recordings, audio-visual works and recordings, sound, vocal, voice and voice reproduction recordings, images, photographs, portraits, likenesses, lyrics, text, writings or spoken words, art work, graphics, visual effects, derivative works, adaptations or variations of same, data, event information, artist information (real or fictional) used to create or support your “Artist Profile”, and all communications and materials posted on the “Artist’s Blog” sections of the Site, regardless of the tangible medium, broadcast medium, format or form submitted to AudioVine pursuant to the terms of this Submission Agreement. (In the event of any conflict between the definition of “Artist Content” set forth above, and that contained in the EULA, for purposes of this Submission Agreement the term broadest in definition shall apply).

“Your Artist Content” refers to all Artist Content submitted under your (or your band's) Artist Account (whether directly or through any administrator to your Artist Account). In order to submit Your Artist Content, you must be a registered AudioVine User and create an Artist Account and Artist Profile. When completing your Artist Profile, you may also be asked to provide some information about you and your submission. This may include, without limitation, your (or your band's) name, information about Your Artist Content (including but not limited to a descriptive title, the length of any music file you may submit and a classification of its genre), your location and/or other similar information. You acknowledge that by completing an Artist Profile, you will be indicating your explicit consent that the personal information you have provided may be transferred, stored by, and communicated to and shared with third parties (including search engines and directories) by and through AudioVine wherever access to the Site is available. If you do not consent to allow us to transfer, store, communicate and/or share your personal information with third parties for the purpose of providing you with AudioVine services, do not complete or attempt to complete an Artist Profile or create an Artist Account or submit any Artist Content.

When you complete your Artist Profile, you shall automatically be designated as the administrator of your Artist Account. You will also have the option of designating additional administrators for your account. Your agree and acknowledge that any individual(s) or entity (ies) designated by you as an administrator is (are) acting as your authorized agent and representative and that you shall be responsible for all actions by any administrator that you designate. Once your Artist Profile is complete you may submit Your Artist Content directly to AudioVine or through any person designated as an administrator of your Artist Account. All administrators of your Artist Account shall have equal authority and ability to modify your Artist Profile, access information, remove and/or add other administrators and request payment. However, as set in Section 12 below, your Artist Account may only be canceled by you if you are the sole administrator of your account, or in the event of multiple administrators, you are the final administrator of your Artist Account.

Always keep a copy of everything you submit because we are not responsible for any Artist Content that may be lost, damaged, misdirected, unusable or unreadable. Instructions for uploading Artist Content may be found on the Site at http://www.audiovine.com/about.php. In order to post and display a music file, the file must meet the specifications and requirements relating to formatting, compatibility, operating characteristics and submission which may also be found on the Site at http://www.audiovine.com/about.php. Notwithstanding your submission of any material to us and/or completion of an Artist Profile you acknowledge and agree that AudioVine is not required, and has no obligation to host, index, display, or accept any Artist Content, including any music files, that you may submit.


2. Your Representations and Warranties.

You are solely responsible and liable for all of Your Artist Content, the consequences of posting and publishing same, and any and all matters relating to your creation and use of your Artist Account.

You hereby affirm, represent, and/or warrant, and each time you submit Artist Content to AudioVine (whether directly or through any administrator to your Artist Account), you reaffirm each such representation and warranty, that: (a) all of Your Artist Content is your original work or that you own or have the necessary licenses, rights, consents, and permissions to enter into this Submission Agreement, including those arising out of trademark, copyright, patent and other proprietary laws and applicable publicity and privacy rights, and to authorize AudioVine to use such Artist Content in the manner contemplated by the terms of this Submission Agreement; (b) you have full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement; (c) you will continue to hold all the ownership, license, proprietary, permissions and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Submission Agreement; (d) Your Artist Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; (e) Your Artist Content does not and will not violate any law, statute, ordinance or regulation; (f) Your Artist Content is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind; (g) Your Artist Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data; (h) Your Artist Content is not subject to any guild or union collective bargaining agreement and you further acknowledge that AudioVine is not signatory to any such agreement; and (i) all factual assertions that you have made and will make to us are true and complete.

If, in our sole discretion, we believe in that you have not met the age requirement set forth above, or the submission requirements contained in this Submission Agreement, or if, in our sole judgment, we believe that any part of Your Artist Content violates the terms of this Submission Agreement, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, to: (i) reject any additional Artist Content you may attempt to submit; (ii) remove and delete all or a portion of Your Artist Content (including without limitation all music files submitted by you); (iii) remove your name (or your band’s name) from our Site; (iv) suspend and/or terminate your Artist Account; (v) suspend and/or terminate your right to use AudioVine’s submission features; and (vi) use any technological, legal, operational or other means to enforce the terms of this Submission Agreement, including, without limitation, deactivating your AudioVine Account.

Upon AudioVine’s request, you agree to furnish to AudioVine any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Submission Agreement, including, without limitation, the foregoing representations, warranties and covenants.


3. Unauthorized Submissions.

You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as AudioVine deems appropriate, any “Unauthorized Submission” which is defined as any Artist Content that is or could be construed as violating any of the terms and conditions of this Submission Agreement, as supplemented by the EULA, including without limitation, material that (a) may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying AudioVine; (b) modifies impairs, disrupts, alters or interfere with the use, features, functions, operation or maintenance of AudioVine and/or compromises the security or integrity of AudioVine’s systems, networks, servers or this Site.

AudioVine does not own or control any Artist Content posted on the Site, although we may use both automated and manual means of reviewing Artist Content in an effort to prevent Unauthorized Submissions from being posted and made available through AudioVine. We reserve the right to review all Artist Content submitted to us, and to delete, remove, move, or reject all or any portion of it, without notice to you if, in our sole discretion, we deem it to be abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Submission Agreement; notwithstanding AudioVine shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If we receive a notice of any claim of infringement that satisfies the Infringement Notice requirements contained in the EULA, we may remove all or part of the Artist Content associated with such claim. Notwithstanding any effort we may make to prevent Unauthorized Submissions, in no event shall AudioVine have or be construed to have any responsibility, obligation or liability for or in connection with Artist Content. In the event of judicial or regulatory compulsion, we reserve the right to provide information as may be ordered or subpoenaed in order to comply with all such legal and/or compliance obligations.


4. Copyright Infringement.

If you believe any Content violates the copyright of any other party, please refer to the Infringement Notices section of the EULA in order to notify us of same.


5. License Granted by You to AudioVine.

At all times you retain all right, title and/or interest in and to Your Artist Content, including without limitation, the copyrights therein, subject to the non-exclusive rights granted to us under this Submission Agreement. You are free to grant similar rights to others during and after the term of this agreement.

a. Use of Content. By submitting Your Artist Content to AudioVine and in return for payment to you as set forth in Section 6 hereof, you hereby grant to us, with respect to Your Artist Content, a nonexclusive, worldwide, unqualified, unrestricted, unconditional, unlimited, license, authorization and permission to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, publicly perform, publicly display and digitally perform, publish, broadcast, transmit, modify, supplement, prepare derivative works of, adapt, reformat, translate and otherwise exploit, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, for the purpose of promoting you (and/or your band), selling music files that you have submitted to us pursuant to the terms hereof, and demonstrating and promoting AudioVine.

b. Use of Your Name, Likeness. By completing an Artist Profile you further grant AudioVine, a nonexclusive, worldwide, unqualified, unrestricted, unconditional, unlimited, royalty-free right, license, authorization and permission to use your name(s), band name, submitted photograph and/or likeness(es), logo, and all other information that you submit (including any and all biographical materials) for the purpose of promoting, marketing and advertising music files submitted by you to us and AudioVine’s Site, services and the Ility Software. You also agree not to assert any privacy, publicity, moral or similar rights held by you (and any other person(s) whose performances are embodied in Your Artist Content) under the laws of the United States and any other country in connection with the exploitation of such materials.


6. Pricing, Compensation and Payment.

AudioVine permits you to set the number of Points required to download any music files submitted by you, including NO points at all. You may change the number of Points required to download your music file(s) through your Artist Profile at any time. The change is effective upon your receipt of a confirmation message from AudioVine.

AudioVine agrees to pay to you 80% of the net value of all Points exchanged by any AudioVine User for the purposes of downloading any music file submitted by you hereunder and for which AudioVine receives payment. “Net value” means the gross revenues we actually receive for Points purchased and exchanged by AudioVine Users for purposes of downloading any music file submitted by you, less only sales or similar taxes. AudioVine reserves the right, in its sole discretion, to change the percentage of payment to you upon electronic notification.

You are not entitled to and you will not receive any compensation, payment or other consideration for: (a) any of Your Artist Content, other than music files submitted by you; (b) music files submitted by you that require no Points to download; (c) music files that are downloaded and for which AudioVine receives no payment; or (d) for transmission, distribution, storing, listening to and viewing of Your Artist Content through the Site and/or other means of media that is for the purpose of demonstration preview to the general user of the Site.

Your payment(s) will be based on the value of the aggregate number of Points exchanged by AudioVine Users to down load any music file(s) submitted by you, and for which AudioVine receives payment during each “Pay Period.” For purposes of this Submission Agreement, a “Pay Period” refers to the period between AudioVine’s most recent payment to you and the date on which we receive your next request to payment and are eligible to receive same. Requests for payments may be made through your Artist Account. Your Artist Account will also provide you with on-line access to information relating to the number of Points exchanged for each of your music files, the amount and date of all payments made to you, and your current unpaid balance. Requests for payments will be processed upon receipt and AudioVine shall issue a check for all amounts due on or before the last day of the first full month after which your request was received. For example, if AudioVine receives your request for payment any time during the month of June, the total sum due to you, if any, shall be calculated upon receipt of your request for payment and payment will issue on or before the last day of July. All payments shall be sent to address designated by you at the time of your request for payment. All administrators on your Artist Account on the date that the payment is mailed shall be notified that the payment has been issued and to what address.

Eligibility for Payment: Other than in the event of termination of this Submission Agreement, AudioVine shall be under no obligation to make any payment until such time as the payment due to you is equal to or exceeds Fifty U.S. Dollars ($50.00). If the amount due to you is less than Fifty U.S. Dollars ($50.00), we will roll-over that money until (i) the total cumulative amount we owe you is equal to or greater than Fifty U.S. Dollars ($50.00) and you request payment; or (ii) this Submission Agreement terminates. You are not entitled to receive any interest on payments to you or held for you. You are responsible for any and all applicable taxes or charges imposed by any government entity for the sale of you music files(s).

AudioVine issues payment by check, and all payments shall be in U.S. dollars only. Payment shall be accompanied by a statement setting forth the Pay Period, the total payment enclosed, the cummulative number of Points (if any) exchanged for each downloaded files and the amount of your payment based thereon during the Pay Period. If you dispute a payment to you and/or an accompanying statement, within thirty (30) days of the date of check received you must send written notice to AudioVine by mail to: Ility Software LLC, 224 5th Avenue, No. J208, New York, New York 10001. Failure to notify us as aforesaid shall result in your waiver of any claim relating to such payment. AudioVine will use reasonable, business efforts to resolve any such dispute in good faith, but its determination regarding any such dispute will be final.

You may terminate this Submission Agreement at anytime pursuant to Section 12 hereof. Within thirty (30) days of receipt of your notice of termination, and provided that you are in compliance with the terms of this Agreement, AudioVine shall issue to you a check in an amount equal to all monies due to you less a $5.00 transaction fee (the “Final Payment”). However, you agree that if the Final Payment is less than $5.00, said amount shall be deemed forfeited to AudioVine. Your Final Payment shall be mailed to the address that your designate upon cancellation of your Artist Account.

You agree to be solely responsible for the distribution of monies paid to you by AudioVine, among you and any person or persons, organizations and/or entities that have or may have a right and/or claim in one form or another to any of Your Artist Content, including but not limited to all music files so submitted. You shall obtain and pay for any necessary clearances and licenses for Your Artist Content. With respect to Your Artist Content, you shall be responsible for and timely pay any and all (i) royalties and other income due to artists, authors, co-authors, copyright owners, co-copyright owners, producers and other record royalty participants from sales or other uses of music files and/or Your Artist Content, (ii) mechanical royalties payable to publishers and/or authors or co-authors of copyrighted musical compositions embodied in Artist Content from sales or other uses of Artist Content, (iii) payments that may be required under collective bargaining agreements applicable to Artist Content or third parties other than AudioVine, and (iv) other royalties, fees or sums payable with respect to the Your Artist Content.

You agree and understand that AudioVine cannot predict or guarantee the types of music files that the general public will be interested in, and we make no representation or guarantee as to the number of downloads or the amount of compensation and payment you may receive as a result of entering into this Submission Agreement. Further, you expressively acknowledge and agree that AudioVine cannot warrant or guarantee uninterrupted or error-free performance or functionality of the Site and that you waive all rights and claims against us, including but not limited to any claim for lost profits, in the event of interrupted or performance issues or functional problems with the Site and/or Your Artist Content.

You acknowledge and agree that if we determined or reasonably suspect, in our sole discretion, that any payments due to you are the result of conduct by you in violation of this Submission Agreement, including but not limited to, copyright infringement and/or fraud, AudioVine is entitled to deduct, offset, recalculate or withhold any such payments and/or suspend or otherwise disable your AudioVine Account, pending our investigation of such conduct. In the event of such investigation, AudioVine shall notify you in writing of same and shall thereafter provide you with a written statement of its conclusion as soon as practicable. In the event that AudioVine concludes following its investigation that you have not violated this Submission Agreement, all payments due to you shall paid contemporaneously with notice thereof.

You acknowledge that other AudioVine Users may submit or have submitted Artist Content to us that is similar or identical to all or a portion of Your Artist Content. You understand and agree that you will not be entitled to any compensation from AudioVine as a result of any such similar or identical submission.


7. Other Revenues.

AudioVine reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Site, use of its Software and services, and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that Your Artist Content may be displayed on or otherwise used by or in connection with AudioVine’s services, Ility Software, and the operation of the Site.


8. Release.

In addition to the releases set forth above, you further hereby release Ility Software, LLC from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you shall or may have in connection with Your Artist Content, including, without limitation, any and all liability for any use or non-use of Your Artist Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. Ility Software, LLC has the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, out source or engage third parties to perform or benefit from all or any portion of its or it rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future.


9. Indemnification.

Your indemnification obligations hereunder include those set forth under the EULA as well as, without limitation, any third party claims arising from, related to or caused by Your Artist Content, the submission of Your Artist Content and/or in any way associated with this Submission Agreement and/or AudioVine’s services, software and the Site. Further, you agree to indemnify and hold us and AudioVine Users harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to your breach of the representations and warranties described in Section 2 above.


10. Disclaimers and Limitation of Liability.

In addition to and without limiting the disclaimers and provisions relating to limitations of liability contained in the EULA and hereinabove, you are further advised that the ILITY SOFTWARE, including but not limited to all features relating to the submission of Artist Content submission, is PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR ARTIST CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS SUBMISSION AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE AND/OR THE ILITY’S SOFTWARE. AUDIOVINE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE, THE PLATFORMS, CONTENT SUBMISSION FEATURES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SITE AND ILITY SOFTWARE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.

AUDIOVINE AND THE ILITY SOFTWARE ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION FROM USING THE SITE AND/OR THE CONTENT SUBMISSION FEATURES OF THIS SITE. We make no claim that Artist Content is appropriate for any particular purpose or audience, or that any Artist Content may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction.

AUDIOVINE DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED BY US OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. AUDIOVINE DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event, and under no circumstances is AudioVine, its owners, directors, employees, officers or contractors liable for lost profits arising out of, or in connection with, your use of the Site and Ility Software.


11. Entire Agreement.

This Submission Agreement, as supplemented by the terms of the EULA, P2P Advisory and Ility’s Privacy Policy, and as each may be modified from time to time, constitutes the entire agreement between you and us relating to Your Artist Content and your use of the AudioVine’s submission features and supersedes any prior or inconsistent agreements.


12. Termination/Cancellation of Your Artist Account.

With respect to each Artist Account for which you are an administrator, you may terminate this Submission Agreement by removing yourself as administrator. To terminate this Submission Agreement, sign in to your AudioVine Account and click on the “Edit Profile” link. If you are the sole administrator of an Artist Account, simply click on the “Delete Profile” link at the top of page to terminate this agreement. If you are not the sole administrator of an Artist Account, you may terminate this Agreement by deleting your user name from the list of administrators through the “Edit Profile” link.

If you are the sole administrator of a Artist Account and elect to terminate this Submission Agreement, you shall be prompted to provide a physical, mailing address to which AudioVine shall direct your Final Payment, if any, and any applicable tax forms and notices. If you fail to provide an address as aforesaid, any amounts due to you pursuant to Section 6 hereof shall be forfeited. If you are not the sole administrator of an Artist Account, your termination of this Submission Agreement shall not cancel that account and it will remain active until such time that all but one administrator has been removed from the account and the final administrator requests that it be terminated. At that time, as the sole administrator of the Musician Account, the final administrator may proceed to cancel the account and she/he shall be prompted for mailing information set forth above as aforesaid. Again, failure to provide a physical mailing address requested at the time of cancellation shall result in a forfeiture of any amounts due with respect to the canceled account. You acknowledge and agree that AudioVine is entitled to rely on all information provided during the cancellation process.

Cancellation of your Artist Account will not terminate your AudioVine Account which shall remain active unless you terminated it as well.  AudioVine shall have up to thirty (30) days from the date of cancellation of your Artist Account to remove Your Artist Content and Artist Profile from the Site. AudioVine has no obligation to review or monitor requests for termination other than to the extent necessary to implement same.

Notwithstanding your termination of this Submission Agreement and/or your cancellation of your Artist Account, you acknowledge and agree that AudioVine has the right to maintain all necessary information relating to you and Your Artist Content on its servers for the purposes of AudioVine’s internal accounting and book keeping.

AudioVine reserves the right to terminate this Submission Agreement and to cease offering its services, including promoting and displaying Your Artist Content at any time without notice. Nothing in this Submission Agreement shall be construed to mean that you may not modify or delete Your Artist Content through the use of AudioVine’s submission features.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO AUDIOVINE, INCLUDING BUT NOT LIMITED TO THIS SUBMISSION AGREEMENT, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.