ONCE YOU HAVE DECIDED WHICH UPLOAD SUITS YOU BEST PLEASE COMPLETE THE FOLLOWING INSTRUCTIONS CAREFULLY:
The Submission Process (subject to terms and conditions):
1. Submit a link or file (via Google Drive, Unlisted Youtube Link, DROPBOX, VIMEO) through for review with your details (email and contact numbers);
2. Subject to our quality control, if you are successful, we may ask for additional corresponding material to your submitted link or file, and more importantly we will provide you with our packages and price list;
4. After choosing your package please note you will need to accept our and our terms and conditions prior to making payment;
5. We receive a lot of emails and enquiries. Understand that the review process could take up to 7 days, so please bear with us.
PLEASE NOTE: Any additional Premiere & Instagram posts outside your chosen package are strictly at our discretion and are not for sale
Terms and Conditions of Submission Agreement.
For the purposes of this contract You are not a consumer as defined in Consumer Rights Act 2015, by paying for a Package provided in connection with this agreement You are deemed to have read and accepted its terms stated below.
If You are not the Owner or licenced distributor of the Video (and if applicable Other IP Items) or if You don’t agree with these terms and conditions as set out below, then You must not submit the Video (and if applicable Other IP Items) and/or pay the Package provided by Grime Daily.
- Definitions and interpretation
1.1 Words shall have the meanings given to them in this Agreement, including without limitation as set out below:
|Administrative Fee||the fee as set out in Clause 6.1 to submit the Video on a platform of Grime Daily’s choosing. The fee shall be raised by link to Stripe or similar digital payment platform services;|
|Data Protection Legislation||(i) the Data Protection Act 2018; (ii) the UK GDPR and (ii) any successor legislation to the Data Protection Act 2018 or UK GDPR.|
“Controller”, “Processor”, “Data Subject”, “Personal Data” and “Personal Data Breach” shall have the meaning given in the Data Protection Legislation;
|Distributor||the person or legal entity duly authorised as distributor by the Owner of the Video and Other IP Items;|
|Grime Daily||Grime Daily Limited a company registered in England and Wales under number 06992717 whose registered office is at Kemp House, 152-160 City Road, London, England, EC1V 2NX;|
|Intellectual Property Rights||all current and future rights of copyright and all rights in the nature of copyright in all language and all other intellectual property rights of whatever nature, whether registered or unregistered, including trademarks which You now or may at any time after the date of this Agreement be entitled by virtue of or pursuant to any of the laws in force on a worldwide basis;|
|Other IP items||other items/content that have an Intellectual Property Right which is not the Video but relate to it such as text, pictures or other visual and audio material, which may been requested by Grime Daily from You or the Distributor;|
|Owner||the artist, group or band to whom all Intellectual Property Rights the Video and Other IP Items belongs to and are 16 years old or over;|
|Package||the option of quoted services made available to you after satisfying the Grime Daily’s quality control;|
|Platform||YouTube, Soundcloud or any and all other social media platform capable of sharing and/or holding any video and audio content and Other IP Items;|
|Video||means the music track or video to be uploaded by Grime Daily pursuant to these terms and conditions including the musical composition, lyrics and the visual and audio recording;|
|You||the owner of the Video or if applicable Other IP Items and all its Intellectual Property Rights and who wishes to submission a Video(s) and Other IP Items pursuant to the terms of this Agreement, or where applicable below the Distributor, or authorised band or group member.|
1.2 The interpretation below shall have the meanings given to them in this Agreement, including without limitation as set out below, unless context otherwise requires:
the singular includes the plural and vice versa;
‘including’ (or similar words) means including without limitation; and
references to “writing” or “written” include by email.
2. Acceptance and Duration
2.1. This is a non-consumer contract, specifically a business contract with Grime Daily for the purpose of developing the Owner’s or Distributor’s social media and/or music public presence.
2.2. This Agreement only becomes binding on the Parties, when You after choosing the Package offered, You have successfully paid for its services and has been confirmed by email of its receipt by Grime Daily.
2.3. Please note You are also bound by, where applicable, to the terms stated in the Website Terms and Conditions and the Acceptable Use policy in using the Website, and to the terms and conditions of the Platform where the submitted Video and Other IP Items are uploaded.
2.4. This Agreement shall commence from the date Grime Daily receives payment for its services and continues for the period of three years (the “Initial Term”) at which point it will be renewed for successive periods of one year unless terminated earlier by You on written notice to expire at any time subject to the provisions of clause 2.5 giving Grime Daily a run-off of 28 days to take down the Video and Other IP Items; or
2.4.1. by us on immediate notice at any time at our sole and absolute discretion and without the requirement to give any reasons for termination.
2.5. Notice may be served by email by You to [email protected] and Grime Daily can serve notice to You at the email address provided by You. Notice is deemed served upon sending without the requirement for a read notice or other confirmation. Please note that any failure to maintain a current email account or to notify us of a change does not affect the validity of service of notice by Grime Daily on You.
2.6. Grime Daily at its discretion may refund up to, but not including the Administrative Fee, of the full amount of the chosen Package.
3. Grant of Licence
3.1. In consideration of Grime Daily performing its obligations pursuant to the terms of this Agreement, You grant to Grime Daily the non–exclusive rights for the use of the Video and Other IP Items for the duration of this Agreement and any run off period referred to in clause 2.4:
3.1.1. to hold, market, publish, monetise and distribute the Video and Other IP Items as part of Grime Daily’s catalogue of music and media for its own commercial exploitation via Grime Daily’s website or any Platform; and
3.1.2. to use any or all of the content of the Video and Other IP Items as marketing materials as Grime Daily sees fit.
3.2. You shall retain ownership of all Intellectual Property Rights in the Video and Other IP Items.
3.3. Grime Daily during the term of this agreement will monetise your Video and Other IP Items on YouTube. If you wish to monetise the Video and Other IP Items on Youtube yourself, specifically the monetisation of views on Youtube only (within the terms of this agreement), please write to Grime Daily. Grime Daily may reply and action your request within a reasonable time. Any monies gained before the handover of the Video’s and Other IP Items’ monetisation rights as per this clause, will be Grime Daily’s. The handover will be confirmed in writing by Grime Daily.
3.4. By taking the right to monetise the Video and Other IP Items on Youtube as per clause 3.3 you will be solely responsible for its collection of monies and its potential liabilities.
3.5. You waive your moral rights save for the right to be identified as the artist, group or band or, if a Distributor, attribute the Owner to the Video and Other IP Items for the period stated in clause 3.1.
4. Grime Daily’s Obligations
4.1. Subject to 2.2, Grime Daily’s quality control, Grime Daily shall upload the Video and Other IP Items to a platform (or platforms) in accordance with the terms of the licence granted.
4.2. Grime Daily gives no warranty that the Video and Other IP Items will be made available for streaming on the chosen platform.
4.3. Grime Daily reserves the right to withdraw the Video or Other IP Items from Youtube or the applicable platform (or platforms) at any time (in addition to and without prejudice to the rights of termination set out in clause 2.4.2) without notice on the grounds of quality, breach of a platform’s terms and conditions or if there are grounds to suspect that the Video and Other IP Items infringes a third party’s Intellectual Property Rights.
4.4. Credit of the ownership of the Video shall be stated, from the information provided by You.
4.5. Any Video and Other IP Items uploaded to a platform shall be compliant to that platform’s Terms & Conditions, which Grime Daily use its best endeavours to abide to and may withdraw the Video or Other IP Items, if there is such a complaint or breach of said terms.
5. Supply of Video and Other IP Items
5.1. You many only submit the Video and Other IP Items either via Google Drive, an unlisted YouTube link or any alternative weblink service where the link does not expire. Please note if the link expires prior its review, it will result in the Video and Other IP Items not being reviewed and may not hosted by a platform.
5.2. The Video and Other IP Items supplied will be free from any and all viruses, malware, adware or any other harmful programs.
5.3. The Video and Other IP Items has been submitted by You for the purpose of it being viewed publicly.
5.4. You confirm that You are 16 years of age and over, and each seen individual present in the Video and Other IP Items were 16 years of age at the date of its creation.
6.1. If you agree the proposed Package, you shall pay the price listed for its services on the submission page.
6.2. The Administration Fee of £150 is (non-refundable) inclusive of VAT.
7. Limitation Liability
7.1. Grime Daily does not seek to exclude or limit any liability for personal injury or death arising from Grime Daily’s negligence; fraud or fraudulent misrepresentation; or any other liability to the extent the same cannot be excluded or limited by law.
7.2. Grime Daily’s liability in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty, tax or otherwise arising out of or in connection with this Agreement shall not extend to any loss of profits or any special, indirect or consequential loss or damage whatsoever.
7.3. Subject to the provision of clauses 7.1 and 7.2, in no event shall Grime Daily’s liability (whether in contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under this Agreement shall not exceed the Administrative Fee received by Grime Daily from You.
7.4 Grime Daily will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with this agreement whatsoever. In particular, Grime Daily not be liable for:
7.4.1. loss of profits, sales, business, or revenue;
7.4.2. business interruption;
7.4.3. loss of anticipated savings;
7.4.4. loss of business opportunity, goodwill or reputation;
7.4.5. loss of social media followers or following; or
7.4.6. any indirect or consequential loss or damage.
8.1. You warrant, represent and undertake on a full indemnity basis to Grime Daily that:
8.1.1. If You are acting on behalf of a band or a group, that You have consent from all Owners of the Intellectual Property Rights in the Video and Other IP Items and that You do not need to obtain any further consents in submitting the Video to Grime Daily;
8.1.2. If You are the Distributor: the Video and Other IP Items is the sole and original creation of the artist for whom You are distributing the Video and Other IP Items, and that artist is the owner of all rights title and interest in the Intellectual Property Rights in all components of the Video and Other IP Items and You do not need to obtain the consent of any licensor of any Intellectual Property Rights in the Video and Other IP Items;
8.1.3. You have not without permission copied any element of the Video and Other IP Items or the Intellectual Property Rights in the Video and Other IP Items;
8.1.4. You have not charged or assigned by way of security any of the Intellectual Property Rights in the Video and Other IP Items; and
8.1.5. The Video and Other IP Items and/or their the Intellectual Property Rights are not subject to any claims or litigation, are free from all liens and encumbrances, do not infringe any rights (whether of intellectual property of otherwise) of any third party or not otherwise unlawful.
You shall fully indemnify and keep indemnified and hold harmless Grime Daily from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by Grime Daily as a result of or in connection with any breach of warranty (clause 5, 8 and 11), action, demand or claim whatsoever that arises in connection with Grime Daily’s use of the Video and Other IP Items and howsoever arising anywhere in the world.
10. UK GDPR
10.1. You are providing Grime Daily with potentially two forms Personal Data:
10.1.1.the Owner and/or the Distributors details; and
10.1.2. the content in the Video and Other IP Items, specifically images of an individual’s face or facial features.
10.2. Grime Daily Shall: process Personal Data subject to clause 11 and only if (i) the processing is necessary in order to meet your obligations under this Agreement; or (ii) You have provided Grime Daily with explicit consent; or (iii) there are legitimate interest reasons unless Grime Daily is required by applicable laws or by virtue of the Data Protection Legislation to otherwise process that Personal Data. Where Grime Daily is relying on laws of England and Wales as the basis for processing Personal Data, Grime Daily shall promptly notify You of this before performing the processing required by the applicable laws unless those applicable laws prohibit Grime Daily from notifying You.
10.2.1. ensure it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
10.2.2. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
10.2.3. respond to any of your rights under the Data Protection Legislation;
10.2.4. notify You without undue delay on becoming aware of a Personal Data Breach; and
10.2.5. at written direction of You, delete or return Personal Data and copies thereof to You on termination of the Agreement unless there is a requirement under the Data Protection Legislation to store the Personal Data.
11. UK GDPR Warrant
11.1. You consent as the Owner and/or Distributor to the use of your Personal Data mentioned in clause 1 and 10 above and warrant that You have the right in law or the applicable written consent of the individual(s) in the Video and Other IP Items for their Personal Data to be given to us for the purpose of this agreement, and have abided to the necessary UK GDPR procedures required to enable Grime Daily to upload the Video and Other IP Items to a platform.
12. Entire agreement
12.1. This Agreement contains the whole agreement between the parties relating to its subject matter and supersedes any prior agreements, representations or understandings between them unless expressly incorporated by reference in this Agreement. Each party acknowledges that it has not relied on, and shall have no remedy in respect of, any representation (whether innocent or negligent) made but not expressly embodied in this Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
13.1.1. if Grime Daily is requested to supply your details as part of a third party claim for infringement of Intellectual Property Rights by the Video and Other IP Items submitted by You, You confirm and agree that Grime Daily may provide all details provided by You in relation to your Video and Other IP Items to the person making such request in Grime Daily’s sole and absolute discretion; and
13.1.2. if, in Grime Daily’s sole and absolute discretion, Grime Daily suspects that the Video and Other IP Items infringes a third party’s Intellectual Property Rights, then Grime Daily shall be entitled to supply your details to any relevant complainant.
14.1. Except as otherwise expressly stated, time shall not be of the essence with regard to the parties’ obligations under this Agreement.
14.2. Provisions which by their terms or intent are to survive termination of this Agreement will do so.
14.3. The parties are independent and not partners, principal and agent, or employer and employee, or in any other relationship of trust to each other.
14.4. For the purposes of the Contracts (Rights of Third Parties) Act 1999, this Agreement is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.
14.5. You may not assign, subcontract or encumber any right or obligation under this Agreement, in whole or in part, without the other’s prior written consent or except as expressly permitted in this Agreement from Grime Daily.
14.6. No amendment or variation of this Agreement will be valid unless agreed in writing by an authorised signatory of each party.
14.7. If any clause in this Agreement (or part thereof) is or becomes illegal, invalid or unenforceable under applicable law, but would be legal, valid and enforceable if the clause or some part of it was deleted or modified (or the duration of the relevant clause reduced), the relevant clause (or part thereof) will apply with such deletion or modification as may be required to make it legal, valid and enforceable, and the parties will promptly and in good faith seek to negotiate a replacement provision consistent with the original intent of this Agreement as soon as possible.
14.8. Unless otherwise expressly agreed, no delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
14.9. This Agreement shall be binding upon, and ensure to the benefit of, each of the parties, their respective personal representatives and their respective successors in title.
15.1. The language of this Agreement is English. All documents, notices, waivers and other written communications between the parties in relation hereto will be in English.
16. Governing law and jurisdiction
16.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter is governed by and shall be construed only in accordance with the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any disputes and claims which may arise out of, or in connection with, this Agreement.
17. Execution of this Agreement
As stated in clause 2.2, this agreement is executed on the payment and confirmation of the Package price by Grime Daily.