1. Introduction and Strategic Purpose
Atmostfear Entertainment (“Publisher,” “we,” “us”) invites artists, musicians, writers, and creators to submit their work for consideration. This Terms of Submission agreement (“Agreement”) serves as the legal framework governing the relationship between you (“you,” “Creator,” “Licensor”) and the Publisher regarding any content submitted for publication, promotion, or review.
By submitting any content to us, you explicitly acknowledge and agree to be bound by these terms. This document is designed to protect both your rights as a creator and our integrity as a publisher, ensuring compliance with Colombian Copyright Law (Law 23 of 1982) and Decision 351 of the Andean Community.
2. Grant of License (The “Permission” Clause)
We respect your ownership. You do not lose your copyright by submitting to us. However, to publish your work, we require specific legal permissions.
2.1 Grant of Rights:
By submitting any content—including but not limited to music tracks, audio files, press releases, photography, video, portfolios, or written articles (collectively, the “Content”)—to us, you retain full ownership and copyright of your work.
However, by the act of submission, you grant the Publisher a non-exclusive, royalty-free, worldwide, perpetual, and sub-licensable license to:
- Reproduce, Distribute, and Display: Publicly display, perform, and communicate the Content on our website (www.atmostfear-entertainment.com), social media channels, newsletters, and third-party platforms where we maintain a presence.
- Adapt and Edit: Adapt, edit, reformat, or excerpt the Content for stylistic consistency, technical requirements, or promotional purposes (e.g., creating a “teaser” clip for Instagram or a snippet for a podcast).
- Promotional Use: Use your name, likeness, biography, and trademarks (e.g., band logos) in connection with the promotion and marketing of the Content and us.
3. Representations and Warranties (The “Clearance” Clause)
This section represents your legal promise to us that the work is yours and that it is safe for us to publish. This is our primary defense against copyright liability.
3.1 You expressly represent and warrant that:
- Ownership: You are the sole and exclusive owner of all rights to the submitted Content, or you have secured all necessary written permissions, licenses, and clearances from all third parties holding rights to the Content.
- Sample Clearance: Specifically regarding musical works, you warrant that all samples, interpolations, and recordings incorporated into the Content have been fully cleared and licensed from their respective copyright owners.
- Non-Infringement: The Content does not infringe upon the copyright, moral rights, trademark, privacy, publicity, or other proprietary rights of any third party.
- Legality: The Content does not contain libelous, defamatory, or illegal material under the laws of the Republic of Colombia or international law.
4. Indemnification (The “Liability Shield”)
In the event that the warranties provided in Section 3 are breached—for example, if you submit a song containing an uncleared sample and we are sued—you accept full financial responsibility.
4.1 Indemnity:
You agree to indemnify, defend, and hold harmless Atmostfear Entertainment, its directors, editors, partners, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
- Your breach of any representation or warranty in Section 3.
- Any claim that the Content infringes the intellectual property or other rights of a third party.
- Any claim arising from the content or nature of the material submitted.
5. Editorial Discretion (The “Curatorial Authority” Clause)
Atmostfear Entertainment is a curated platform, not an open repository. We maintain strict editorial independence.
5.1 No Guarantee of Publication:
Submission of materials does not guarantee publication. Atmostfear Entertainment reserves the sole and absolute right to select, edit, reject, or publish Content at its discretion, based on our editorial standards and scheduling needs.
5.2 No Feedback Obligation:
Due to the volume of submissions, we are under no obligation to provide feedback on rejected submissions, to justify editorial decisions, or to return submitted materials. Unsolicited materials may be discarded without notice.
6. Compensation (The “Promotional Value” Clause)
6.1 No Financial Compensation:
Unless explicitly agreed to in a separate, written contract signed by an authorized representative of Atmostfear Entertainment, you acknowledge and agree that:
- You are submitting Content voluntarily for promotional and journalistic purposes.
- You will receive no financial compensation, royalties, license fees, or payments of any kind for the publication or use of the Content as described in this Agreement.
- The mutual consideration for this license is the potential exposure and publicity provided by Atmostfear Entertainment.
7. Removal Requests (Takedown Policy)
We respect your right to control the distribution of your work and align our policies with Habeas Data norms.
7.1 Withdrawal of Content:
You may request the removal of your Content from our platform at any time. To initiate a removal request, you must contact our Press Office/Legal Team at the email provided below.
7.2 Timeline:
We will make reasonable commercial efforts to remove the Content from our website within ten (10) business days of receiving a verified request.
7.3 Limitations:
You acknowledge that we cannot control or remove Content that has already been distributed to third-party platforms (such as social media feeds), indexed or cached by search engines (such as Google), or downloaded by users prior to the removal.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Colombia, specifically regarding Copyright (Law 23 of 1982) and Decision 351 of the Andean Community. You agree to submit to the exclusive jurisdiction of the courts located in Bogotá, D.C., Colombia, for the resolution of any disputes arising from this Agreement.
9. Contact Information
For submissions, removal requests, or legal inquiries regarding these terms, please contact us through our official secure form.