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Labels & publishers - Terms & Conditions

Welcome to Yookamusic.com (the “Site”), owned and operated by United Media SPRL.

YookaMusic simplifies music licensing by bringing together those who need music (Licensees) and those who offer music (licensors) to allow the use of upcoming and hit music for any kind of production: films, television programs, video and computer games, advertising campaigns, mobile phones or websites. YookaMusic is non-exclusive and welcomes any music owner who wants to offer music and sell licenses.

These Labels & publishers - Terms and Conditions are intended for labels and music publishers companies who wish to use the site to sell licenses for their music. If you are not a label or a music publisher these Labels & publishers - Terms and Conditions do not apply to you.
 

You must be at least 18 years of age to agree to and enter into this agreement on your own behalf.

Because these Labels & publishers - Terms and Conditions contain legal obligations, please read them carefully.

1. ACCEPTANCE

The following constitutes a legal agreement ("Agreement") between the Licensor (you) and United Media SPRL ("United Media", "UM", “us”, “our” or “we”) with respect to the services provided by the Site, the terms of which are set out below.

The General - Terms and Conditions and the Privacy Policy apply to use of the Site, and their terms are made a part of these Labels & publishers - Terms and Conditions by these references.

By checking the acceptance box, signifying your acceptance of this Agreement, you represent that (I) you are a label or a publisher, (II) you are at least 18 years old and (III) you have read, understood and agree to be bound by this Agreement, the General - Terms and Conditions and our Privacy Policy. If you do not agree to (or cannot comply with) any of this Agreement do not check the acceptance box.

2. LANGUAGE NOTICE

Although several translations of this Agreement may be available for information purposes on the Site, it is possible that there will be no translation available in your native language and/or in a language of which you have sufficient understanding. You agree that it is your responsibility to translate this Agreement into the language of your choice before accessing our services. The absence on the Site of a translation of this Agreement in your native language and/or in a language that you have sufficient understanding of, may not be viably cited by you as a reason for you to escape all or part of your obligations set out in this Agreement and/or the License Agreement(s).

3. YOUR WARRANTIES

3.1 You confirm and warrant that you have read, understood and accepted the terms of the License Agreements which will be entered into by you and the Licensees when you sell licenses for your music.

3.2 You confirm and warrant that all music submitted and/or uploaded by you to the Site is your property or property that is licensed to you under an express written agreement which entitles you to submit and/or upload the music to the Site.

3.3 If you use music sample(s) and/or sound library(ies) that are copyrighted, you confirm and warrant that you have been fully authorized by the owners of the music sample(s) and/or the sound library(ies) to use them in your music.

4. YOUR AGREEMENTS

4.1 You agree that you will only submit music in broadcast quality .wav or .aiff, 44.1 KHz, 16 bit, stereo and accept that other audio file formats are forbidden for submission (e.g. mp3).

4.2 You agree that it is your responsibility to undertake to comply with all copyright laws and to check that the music you submit and/or upload to the Site will not be in breach of copyright. This includes the uses of samples and/or sound libraries that are copyrighted.

4.3 You agree that it is your responsibility to ensure that you account properly and pay any person or entity for any or all rights to use the music which you have submitted and/or uploaded to the Site, including but not limited to artit(s), composer(s), lyricist(s), publisher(s), musician(s), master owner(s) and third party licensors.

4.4 You agree that we may use the information you have given to us, or we already hold about you, or which we receive from any enquiry we may make with any company (public or private), including credit reference agencies, to confirm your identity. This helps us to protect you, us and the Licensees from any fraud.

4.5 You agree that it is your responsibility to ensure that you back up all your music off line. Whilst we will use reasonable endeavours to ensure that back up procedures are run on the Site, we will not accept any responsibility for the loss of any or all of your music for whatever reason.

4.6 You grant to us the non-exclusive right to use on your behalf on the Site, your name, professional name, artist(s) name(s), composer(s) name(s), content and any other information supplied by you as part of your music and profile.

4.7 You agree that the non-exclusive right granted in 4.6 gives us the right to:

a) include your music on the Site, but also on other sites owned and/or controlled by us;

b) compress your music for previews in any audio file format and compression resolution;

c) authorise a free preview of your music, either in full length or a fragment thereof and in their original audio format or a compressed version;

d) authorise the free downloads of previews of your music, in full length and in a compressed version (.mp3 – low resolution);

e) set the fees for the sales of the licenses of your music;

f) sell licenses to Licensees pursuant to the terms of this Agreement and without limitation for any and all of your music included in the Site and for any kind of productions;

g) make copies and or back up your music to storage and delivery areas within the Site or a caching site or third party servers. For the avoidance of doubt, this non-exclusive right in no way diminishes your responsibility to ensure that your music is backed up (clause 4.5);

h) include your music in the Playlists.

4.8 You agree that the terms of the License Agreements are “as is” and that they are not negotiable, nor modifiable. You also agree that, for administrative reasons, License Agreements shall always be drawn up in English.

4.9 You agree that the License Agreements relating to your music are concluded directly between you and the Licensees and that we are third party to these.

4.10 You agree that the License Agreements are automatically generated by the Site whenever licenses are sold for your music and that they are considered to have been “electronically signed” by the parties. You recognise that you are entirely bound by their terms.

4.11 You agree to limit the number of tracks your will offer under the system of License On Request ("LOR") provided by YookaMusic to a maximum of 10%.

4.12 You agree that you will apply the same pricing policy under the system of LOR as the one you apply offline to your existing and potential customers.

4.13 For the license requests initiated on YookaMusic, you agree that you will not invite Licensees - and/or accept invitations from Licensees - to negotiate and/or conclude license agreements with Licensees directly in order to bypass the system of LOR provided by YookaMusic.

4.14 You agree that we have the right to remove your music or any part of it from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability. Although we have no obligation to notify you of the same, we will endeavour to notify you by email of any removal, blocking or suspension of any of your music on the Site.

4.15 You agree that we cannot pay you for the sales of licenses for your music unless you have provided us with a valid PayPal account or a bank account reference. It is your responsibility to ensure that you complete this part of the registration procedure.

4.16 You agree that, in order to have a Labels & Publishers account on the site, you have to create at least 3 artist profiles, with each profile containing at least 5 pieces of music, within 3 months of setting up your account.

4.17 You agree that the percentage commission outlined in Article 5. of these Labels & Publishers - Terms & Conditions will only apply to your account once you have satisfied the conditions outlined above in Article 4.16, otherwise our percentage commission will be the commission for a basic Licensor account, i.e. 50%. For more information about this, see Licensors - Terms & Conditions.

4.18 You agree that, unless you have created at least 3 artist profiles within 3 months of setting up your account, we have the right - without prior notice - to convert your Labels & Publishers account into a basic Licensor account.

5. OUR AGREEMENTS

5.1 We agree that it is our responsibility to pay you a percentage of the net receipts from the sale of each license sold for your music from the Site as follows:

Under 5.000 EUR VAT excl. :  70%
Between 5.001 and 10.000 EUR VAT excl. :  75%
Between 10.001 and 25.000 EUR VAT excl. :  80%
Between 25.001 and 50.000 EUR VAT excl. :  85%
Above 50.001 EUR VAT excl. :  90%

In this connection “net receipts” shall mean the fee we set for the sale of the licenses of your music less the bank transfer charges, commissions and currency conversion charges (if any) incurred in the transfer of the net receipts to you.

For the avoidance of doubt, a sale is deemed to have been effected once we have received confirmation from our clearing bank that payment has been received.

5.2 We agree that it is our responsibility to pay you within thirty (30) days of each three (3) month period ending on 31st March, 30th June, 30th September and 31st December in each year at which time payment of the amount due to you will be made if above fifty Euros (€ 50,00). If the sum due to you is under fifty Euros (€ 50,00) then the amount due to you will be carried forward to the next three (3) month period or such later period when the sum of fifty Euros (€ 50,00) shall have been earned.

6. PROCEDURE FOR REMOVING YOUR MUSIC FROM THE SITE

At any time, you may notify our Catalogue Department of your decision to remove all or some of your music from the Site.

We have a period of 10 (ten) working days, from the date of receiving your request, to remove your music from our search engines and/or search results, this will ensure that no licenses are sold for your music after this period has expired.

However, if one or more Licencee(s) have placed your music in one of their Project Manager - before your request to remove your music – these Licensees will be notified within 10 (ten) days, from the date of receiving your request, of the imminent removal of your music from the Site. These Licensees will have an extra period of 28 (twenty-eight) days to proceed with the purchase of licenses for your music.

At the end of this extra 28 (twenty-eight) day period, your music will be permanently and completely removed from the Site and no further license sales will be authorised on the Site.

7. NOTICES

Any and all notices to be given to the United Media SPRL shall be deemed to have been duly given if personally delivered addressed to United Media SPRL, Vieille rue du Moulin 91, 1180 Brussels, Belgium or any other place to which the United Media SPRL may have transferred its principal office.

Any and all notices to be given to any Licensor shall be deemed to have been duly given if sent by email to such Licensor at the email address of such Licensor as it appears on his Licensor's account.

8. LEGAL NOTICE AND LAW

If any part of these Labels & publishers - Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Belgian Law governs these Labels & publishers - Terms and Conditions and your use of the Site, and you expressly agree that the Brussels courts, ruling in the French language, shall have exclusive jurisdiction over any claim or dispute between you and United Media, relating in any way to your account or your use of this Site.

9. ACKNOWLEDGEMENTS

You acknowledge that we may change the terms of this Agreement, and any other legal agreement posted on the Site, by posting new agreement(s) on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and we will use our reasonable endeavours to advise you of any changes. However, your continued use of the Site after such a change will constitute your acceptance of the change.

By checking the Acceptance box signifying your acceptance of this Agreement, you represent that (I) your are a label or a publisher, (II) you are at least 18 years old and (III) you have read, understood and agree to be bound by this Agreement, the General - Terms and Conditions and our Privacy Policy. If you do not agree to (or cannot comply with) any of this Agreement do not check the acceptance box.

Thank you for taking the time to read these Labels & publishers - Terms and Conditions and we hope you enjoy our services.

Yookamusic.com
Labels & publishers - Terms and Conditions
Last update January 2011

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www.yookamusic.com - info@yookamusic.com
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