New Artists Terms & Agreement

SERVICE:
buySOUL provides online transaction processing via *PAYPAL ONLY for the sale of music and artist related merchandise eg. DVDs, T-Shirts, Caps, Vinyl etc. In addition, buySOUL provides customer service for buyers, fulfillment, technical support and a variety of other services designed to provide state-of-the-art eCommerce for merchandise sales. In addition to product pages within buySOUL, we provide selling opportunities from the artist’s website.

ORDER FULFILLMENT:
buySOUL will be responsible for shipping merchandise to buyers.

POSTAGE & HANDLING CHARGES TO BUYERS:
Postage and Handling charges are added to each order to cover postage, packaging and handling. These charges have no net effect on your payments. You are paid based on your total sales only without P & H as part of the calculation.

INVENTORY:
If you choose to sell physical cds,  you will need to provide six (6) copies of each item you register to sell on buySOUL. One (1) is a setup copy that will be used for setup, mp3 encoding, buySOUL staff preview, categorization, and scanning of CD cover (if needed), etc. to populate your buySOUL product page(s).

This copy will be the property of buySOUL and maintained on file. The other five (5) units you send will be for sale on buysoul.com.

If you choose to have your songs sold as digital downloads only, you may either mail us a cd with your tracks in MP3 format, or if you prefer to upload your songs, we will provide you with an upload link.   You may also include your image(s), bio and/or product description on either the cd or as an upload.

We are responsible for inventory that is in our possession and it is insured. We are NOT responsible for items that are damaged in-transit from the artist and/or in-transit to buyer. We prepare a receipt / packing list for each order and generally ship within 2 business days provided inventory is on-hand.

Address To Ship Your Inventory:

buySOUL
4536 W. Cottontail Rd.
Anthem, AZ 85086

Please pack your shipment carefully to prevent breakage of jewel cases.

Please include a note with the ARTIST ID and ITEM NUMBER(S)assigned to you and included in your acceptance email, the item name(s), and your selling price.

Or if you prefer, you can download and print this blank Packing Slip in Adobe Acrobat format.

NEW ACCOUNT/PRODUCT SIGNUP FEES:
The cost for signing up is based on the number of products that you initially register to sell on buySOUL. The signup fee schedule is as follows:

$19.99 Per Item (not per piece)and $19.99 Per Item for any new items added thereafter.

For Extensive Product Lines email info@buysoul.com for quantity pricing

Setup includes the establishment of your account, loading of products into the system, encoding of tracks, scanning of cd cover (if needed), and creating a product page for each different item. This includes your provided bio/product description, track listing with a sample playlist, cd cover image and/or personal image. 

Again, we ask that you send one (1) copy of each CD and/or merchandise to be sold to buySOUL for this purpose as well as five (5) initial units to be sold. If you have any questions, please email info@buysoul.com .  If you are doing digital downloads, please provide your songs in MP3 format.  If uploading your songs, you may archive each file in .zip format prior to upload.

Should you require changes after your item(s) have been listed, please email artists@buysoul.com with your request(s).

SETTLEMENT & FEES:
Sales do not become payable until the last Friday of every month.  We will then pay you on the following Friday (first Friday of the month) provided your total sales have reached or exceeded the required twenty dollar minimum.

buySOUL will retain $4.00 per album (physical CD or entire cd download), the balance of the sale price, excluding shipping and handling fees will be paid to you.   For digital downloads of single songs, buySOUL will retain thirty percent of sales and you, the artist will receive 70%.

All payments will be made out to the person registered during the buySOUL registration process. You will be paid via Paypal. Please add your Paypal account email to your sign up form. (If you do not have a paypal account please click here).

Settlement amounts LESS THAN $20 USD are carried forward and paid once the amount due the artist exceeds $20.00 USD.

BUYER / CUSTOMER CHARGES:
All charges for the sales of your products will appear on the customers bill/invoice from buySOUL.

OUR BUYER RETURN POLICY:
The buySOUL Customer return policy can be found in the store by following this Link
If you have any further questions regarding our return policy, you may contact us by:
Phone:
1-866-541-7667 (SONG)
Monday-Friday 8:00 a.m.- 6:00 p.m. PST
Email:
support@buysoul.com

CHANGES / ADDITION OF NEW ITEMS TO SYSTEM:
If you require any changes to your current product(s) listing(s), bio, etc. please send an email with detailed change information to artists@buysoul.com.

CHARGEBACKS OF FRAUDULENT OR DISPUTED ORDERS:
In the event of a chargeback due to fraud or some other buyer dispute, the amounts charged back by the credit card companies or Paypal will be deducted from the respective artist account against their next settlement. buySOUL will provide all documentation to protest the chargeback to the credit card companies or Paypal, but sometimes we lose and are charged for the fraudulent or disputed amounts. These rare cases may cause a deduction against sales and/or loss of shipped merchandise.

TERMINATION OF SERVICE:

Service and relationship with buysoul.com can be terminated with 30 days notice by either party, email is acceptable. We will properly package your remaining inventory and ship back to you COD to the address indicated on your artist profile. The COD shipment of your remaining inventory will occur within 30 days of the termination of service. buySOUL reserves the right to inactivate any artist account due to bad email address, inappropriate content, failure to provide inventory, or other reasons which prevent the buyer from being serviced in the most satisfactory manner.

PRIVACY POLICY:
The buySOUL Customer return policy can be found in the store by following this link

ARTIST WARRANTY:
You represent and warrant that (a) the Music Merchandise is your or your band's own original work, and contains no sampled material, (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) the Material 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 (d) the Material does not and will not violate any law, statute, ordinance or regulation; (e) the Material is not and will not be defamatory, trade libelous, pornographic or obscene, (f) all factual assertions that you have made and will make to us are true and complete, (g) You shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Music Merchandise, including but not limited to any applicable union and/or guild payments, "sample" or "replay" licenses or payments, and mechanical, synchronization or public performance royalties. You agree to indemnify and hold us and our merchandise buyers 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 this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement. These warranties shall survive any termination of this agreement.

USE OF AUDIO FOR PROMOTION:
You hereby grant to buysoul.com permission, on a non-exclusive basis, throughout the universe, to do the following things:

* (a) to prepare and encode artist audio, or any portion thereof (including sound clips), for Digital Transmission in any   format (e.g., Real Audio, MP3, etc.), and by any means, now known or hereafter devised,
   * (b) to display, copy, reproduce (and to mechanically reproduce each musical composition included in the artist's music), exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital), including Digital Streaming Transmission, electronically publish and synchronize with visual images any or all of the artist's music, including any portion thereof, by any and all means and media now known or hereafter devised for the purpose of sales promotion.

NAME:
You hereby grant to buySOUL permission, on a non-exclusive basis, throughout the Universe, to use your name(s), group name, approved photograph and/or likeness(es) and biographical materials solely in connection with the distribution, exploitation, promotion, marketing and advertising of the Music Merchandise, and buySOUL site and emails. 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 the Music Merchandise) under the laws of the United States and any other country in connection with the exploitation of such materials.

CLIENT'S RESERVED RIGHTS:
You shall at all times retain all right, title and interest in and to your Music Merchandise provided by you hereunder, including, without limitation, the copyrights therein and thereto.

DISCLAIMER:
THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE ONLINE TRANSACTION SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MERCHANT MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS.

ARTIST/LABEL ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT ARTIST/LABEL WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

ARTIST/LABEL ACKNOWLEDGES THAT BUYSOUL.COM RESERVES THE RIGHT TO DENY USE OF OUR SYSTEM AT ANYTIME.

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ARIZONA, WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES. ANY DISPUTE BETWEEN YOU AND BUYSOUL REGARDING THIS AGREEMENT WILL BE SUBJECT TO THE EXCLUSIVE VENUE OF THE STATE AND FEDERAL COURTS IN THE CITY OF PHOENIX IN THE STATE OF ARIZONA. Your sole remedy for a breach of this Agreement by BUYSOUL shall be an action at law for money damages, if any. You hereby waive any right to, or to seek, injunctive or other equitable relief in connection with any breach or alleged breach of this Agreement by Buysoul. This Agreement may not be amended unless an officer of buySOUL has approved and signed such an amendment in writing. You shall be solely responsible for providing all copyright notices and other legal notices in connection with your sales merchandise. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. This Agreement is the entire agreement between you and buySOUL and supersedes any other communications or advertising.

You represent that you have carefully read this agreement, that you understand its contents, and that you have had an opportunity to seek independent legal advice with respect to the review and advisability of entering into this Agreement.

I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY BUYSOUL FOR THE PURPOSE OF MERCHANDISING.

I am exactly or over the age of 18, and have authority to accept for the artist, label, or group.

FINAL NOTE:
The use of this service is intended to offer an efficient channel of distribution for the artist or label. It is our intent to operate this secure processing system with integrity and full faith for the benefit of our buying customers. In the end, if we satisfy our music customers, then we will all prosper and further the cause of independent music. By completing this application, you are accepting its terms and agreement. We look forward to doing business with you. Support buySOUL Music!

buySOUL.com: artists@buysoul.com

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