The first step in making it big- jump on this opportunity!!!

[lykwydchykyn]

THANKS AGAIN Jazzrich, you da man. I'll be in contact the the people that speak legalese, and get back to you guys about your questions soon.

Please do, because a service like this could be cool if all the legal aspects are on the up and up.

I will have to check with the legalese people again, but one of our main selling points is that an artists can take their material with them if they join a label that doesn't want to work with us.

"Seller will maintain copyright for all music uploaded to site. Seller may at any time withdraw all material from the site. Distributor reserves the right to use the bands name and site statistics for promotional purposes indefinitely, but all rights to the music are owned by the Seller. You own your music, if you get a record deal you can take your music with you. We simply ask that we can say “we knew you when”.

For the sake of this discussion I'm willing to give you the benefit of the doubt, but that paragraph doesn't appear in your terms and conditions of use agreement, only in the seller's contract. The two seem to be at odds. If the above are your true intentions, you need to get your legalese folks to check and adjust if necessary the usage agreement to make sure it reflects these intentions.

Thanks again for letting us know where are weak points are in this document. We're still new, and looking for little things like that.

JP

No problem; I hope this thing can go somewhere good.

 

[distortedrumble]

notice no one has tried to retort blue bear.

 

[jazzrich9]

that's because it is irrefutable. It is a known truth.

 

[Homegrown Vinyl]

Hi, I've met with the guy who is starting the site with me, and I'm copying over his email.

***************************
Perry@homegrownvinyl.com said:

Jazzrich hit it right on the head, the terms and conditions everybody is
concerned about is a boilerplate contract. These terms can be found in
similar form on the majority of ecommerce website. These terms, along with
our privacy statement, are simply meant to protect our company from
frivolous lawsuits (which is also something I am hugely opposed to). We do
not run our business according to these terms, they just cover our asses
from bastards out there who are trying to make a quick buck by suing what
they view as a corporation.

The "real" contract is the sellers terms. They are written in plain
English and have been designed to protect the artist as well as Homegrown.
The lawyers may not like them as much, because lawyers like specific terms
that the general public does not understand (which I think is mostly
bulls**t) But, we are willing to add some risk to make people feel
comfortable and that is why we have laid down a simple contract. *************************

That being said I understand that the Seller's Terms and the overall Terms and Conditions, we are currently going over the contract again to try to clear up these issues.

As for Blue Bear Sounds comments, I believe what he says, and with almost 10,000 posts it buys him some instant credibility. I will talk over this point with my people as well. Again, we are a startup company, and we're trying to minimize our costs, so all web work has been done in house. Thanks again for all your input, I hope we can start working together soon

 

[lykwydchykyn]

Well, I'm glad to hear that jazzrich was correct in his assumptions. I'm also glad to hear that you're working out those contract issues, and I hope you do soon.

Please understand that I'm not trying to be nitpicky or needlessly accusatory here, but I've been far too often in the position of dealing with a "nice guy" who was offering a "nasty contract". I've signed that "standard contract" before, while all the while being told that something else was the 'real agreement'. But unfortunately, a lot of things can (and in my case, did) happen:

1. The nice guy leaves the company, leaving you and your nasty contract in the hands of some not-so-nice guys.
2. The nice guy gets in over his head and ends up in a situation where he has no choice but to take advantage of the nasty contract.
3. Someone buys out the nice guys company. See #1.
4. The nice guy turns out to be not so nice.

In the end, I lost out bigtime. I'm sure you guys are sincerely "nice guys", but until the contract is nice too, I for one am gonna stay away. No offense. I know lawyers are expensive, I know they like to make even the most benign terms look terrifying. They also make things that have a better chance of standing up in court.

Anyway, that's just one musician's thoughts...

 

[JP_HomeGrown]

Hello Again

Hi guys, it's JP here with an update.

I talked with the president of the site and he agreed that what we had written in the terms and conditions is at odds with our seller's contract, which is meant to be a "plain english" contract.

Therefore we've changed our Terms and Conditions.

*******************************************
13. By posting messages, inputting data or engaging in any other form of communication (individually or collectively "Communications") on or to Homegrownvinyl.com, You hereby grant to HOMEGROWN VINYL a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. This clause excludes music or media uploaded to the site for sale on a consignment basis including digital music files, artwork, lyrics and any other media under copyright by the seller and is subordinate to the "Sellers Contract". Any such exempt media will be entirely removed from the site upon specific written request by the posting party.
*******************************************

Please let me know if you have any further questions,
JP

Sellers Contract

Terms and Conditions

Privacy Policy

 

[randyfromde]

I see it as similar to going to your favorite indie record store and asking them to let you listen before you buy. There's a store down the street from me that lets people listen to ANYTHING before they buy, and they get more business because of it. We're like a online listening station.

I was referring to the 1/2 of a cent charge to listen. .50 cents as listed on your homepage.

You want to charge $.50, right?

 

[DeathKnell]

It would be interesting to let the artist set the price of the mp3.

say a 60 minute long mp3 for example may be worth more than 50 cents..

or they might want to temporarily lower their price to 5c to encourage people to listen to more than just a preview.

or unless they think the song is just plain crap

 

[weatherbill007]

home grown vinyl....yeah, get in line

HOME GROWN VINYL???? Yeah, you and the many others before you...get in line pal.........you're nothing new or different

or are you??? So what! Can you build a local and then regional fan base???

 

[boingoman]

HOME GROWN VINYL???? Yeah, you and the many others before you...get in line pal.........you're nothing new or different

or are you??? So what! Can you build a local and then regional fan base???

Dude lay off the biodiesel fumes......

 

[Fougerousse]

How is this any different from what CDBaby does?

How is this any different from what CDBaby does?