PLEASE READ THESE TERMS & CONDITIONS ("Terms & Conditions") CAREFULLY BEFORE USING THE Dreytunes WEBSITE OR ANY OF THE OTHER PLATFORM (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
These Terms & Conditions govern your use of the Platform. They apply solely to the Platform and not to any other website or any offline activities of Dreytunes (unless stated). By accessing or using the Platform (including but not limited to accepting, uploading, submitting or downloading any information or content from or to the Website and/or use of the Services) you agree to be bound by these Terms & Conditions.
Children under the age of 13 are not eligible to use the Website and must not attempt to register with Dreytunes and/or submit any personal information to us.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS & CONDITIONS, DO NOT USE THE PLATFORM.
This Agreement is a binding contract between me and Dreytunes Inc. (the Company). [By signing up for Dreytunes, I and the Company will enter into the following Agreement]:
1. Materials. This Agreement applies to all musical works, sound recordings images, photographs, artwork, texts, videos, mixed media or multimedia works and other forms of content, information, data or copyrighted materials (collectively “Materials”) that I may supply, upload, submit or provide to the Company.
2. License. I hereby grant to the Company, an irrevocable, unconditional, worldwide, sub-licensable, transferable, royalty-free, non-exclusive, license to: copy, use, display, reproduce, exhibit, distribute, publish, publicly perform, broadcast, rebroadcast, transmit, distribute through any electronic means, synchronize with visual images, include in compilations, prepare derivative works of, and otherwise exploit the Materials, or any parts thereof, in perpetuity in any and all media now known or hereafter devised and in any manner as the Company may determine or authorise in its discretion.
3. Name and Likeness. In connection with the Materials, I grant the Company an, irrevocable, unconditional, worldwide, royalty-free, license to use my name(s), group name, likeness, image, artwork, voice and biographical information in connection with the distribution of any works made with or including the Materials permitted in this Agreement.
4. Restriction. I agree that I will not submit any material that is: a) copyrighted by any third party; or b) protected by trade secrets or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless I am the owner of such rights or have the express written permission (and will provide the Company with copies of such written permissions upon request) from the rightful owner of such rights to supply such material and grant to the Company, the license rights granted herein.
5. Warranty. I represent and warrant that: a) I own or have the necessary licenses, rights, consents and permissions, to use and authorise the Company to use all copyright, patent, trademark, trade secret or other proprietary rights in and to any and all Materials required for the licenses that I grant in the Agreement; b) the Materials do 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; c) the Materials do not and will not violate any law, statute, ordinance or regulation; d) the Materials are not and will not be defamatory, libellous, pornographic or obscene; e) the Materials do not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data; f) all factual assertions that I have made and will make to the Company are true and complete; and g) if I am or any member of my group is a minor, I hereby warrant that: i) I have parental permission to execute this Agreement and agree to its terms; or ii) I have the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. I hereby waive all so-called “moral rights” or other similar rights in such Materials to the maximum extent permitted by law. I represent and warrant that use of such Materials is not subject to any payment obligation to any third party, including without limitation, for any actors, musicians, artists or performers’ union guild.
6. Verification. I understand that the Company will conduct a verification process to confirm my claim to the above rights. Where the rights to the Material cannot be verified within a period of six (6) months from the supply of Material, the Company reserve the rights to remove the Material from its platforms.
7. Consideration. This Agreement is made for good and valuable consideration, the receipt of which is hereby acknowledged. I shall only be entitled to receive a share of sales revenue generated from the Material supplied after my claim to the rights above have been confirmed by the Company. Thereafter I shall be required to enter into a subsequent agreement with the Company.
8. No Obligation to Use. I acknowledge that the Company is under no obligation to use, review, edit or monitor any Materials and reserves the right to cease offering any Materials on its website at any time without notice.
9. Indemnity. I hereby agree to indemnify and hold harmless the Company, its officers, directors, employees and agents, from any or other rights and licenses granted by this Agreement, actual or alleged claims, damages and costs, including reasonable attorney’s fees, that arise out of or related to licensed use of Materials, including, without limitation, any claim of infringement, defamation or breach of my responsibilities and warrantees. I agree to execute and deliver documents to the Company, upon the Company’s reasonable request, that evidence or effectuate the Company’s rights under this Agreement.
10. Termination. I may terminate the grant of rights set forth above at any time by notifying the Company in writing or by e-mail addressed to [email protected] Upon such termination, the permissions listed in Clauses 2 and 3 above shall terminate upon the Company’s actual receipt of such notice, provided that the Company shall have a up to thirty working (30) days to promptly remove the Materials from the Company’s platforms and the parties agree to cooperate in providing an orderly termination of their relations. The Company may terminate the grant of rights above at any time by notifying you by email to the e-mail address which you supply to us.
11. Jurisdiction, No Injunction. This Agreement is governed, construed and interpreted in accordance with the laws of the Federal Republic of Nigeria. The exclusive jurisdiction and venue for any claim arising from this Agreement shall be the Federal High Courts in Lagos State. I acknowledge that in the event of a breach of this Agreement by the Company or any third party, the damage or harm, if any, will not entitle me to seek injunctive or other equitable relief, and I will not have the right to enjoin the production, exhibition, distribution or other exploitation of the Materials under any circumstances.
12. Integration. This Agreement reflects the entire Agreement between the parties. This Agreement inures to the benefit of and binds the parties’ heirs, successors, representatives and assigns. Should any portion of this Agreement be deemed unlawful or invalid, it shall not disrupt the lawfulness or validity of the remaining portions of this Agreement.
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