This Agreement was last updated on July 21, 2018.
THE MAIN TERMS OF THE AGREEMENT IN A NUTSHELL:
1. IVA RTV Music Service is an interactive online music radio and TV service free to end users designed for promotion of independent artists and labels.
2. IVA RTV Music Service's mission is to help its clients reach out to as many people around the world as possible
providing the best service for every music lover to watch and listen to.
3. You, as Licensor, confirm that you have permission to upload all of Your content and
make it available worldwide (without restriction) or have obtained permission from the
4. IVA RTV Music Service does not claim any ownership rights in Your content. You will continue
to own Your content and can use it in any way that You choose.
5. You can terminate this Agreement at any time by Your requiring that we remove Your content from IVARTV.com. IVA RTV Music Service can terminate this Agreement at any time by removing Your content from IVARTV.com due to Your prospective violation of this Agreement.
THE PARTIES AGREE AS FOLLOWS:
This Agreement sets out the terms and conditions agreed between You and IVA RTV Music Service on
the basis that IVA RTV Music Service intends to make Your music available over the
Internet. You own or have the right to exploit and to grant a worldwide licence to
IVA RTV Music Service to use the sound recordings, videos, lyrics and any performance of any artist and/or
performer embodied in Your track or video, together with any metadata, artwork, images, lyrics and
sleeve notes which You upload and provide to IVA RTV Music Service (together, "Your Content").
1. GRANT OF LICENCE
1.1 Your Content
By uploading Your Content, You grant to IVA RTV Music Service a non-exclusive licence (including the
right to sub-license for all purposes related to the IVA RTV Music Service and its affiliated services)
throughout the world.
1.2 Reserved Rights
All rights and licences not expressly granted to IVA RTV Music Service under this Agreement are
reserved by You. Ownership of Your Content shall remain with You or Your licensors.
2.1 You shall deliver to IVA RTV Music Service:
(a) Your Content, including copies of the master versions of Your Content from which
IVA RTV Music Service shall be entitled to make copies for the purpose set out in this Agreement;
(b) All necessary, related artwork for use by IVA RTV Music Service in connection with the
marketing and promotion of Your Content;
(c) A written schedule of the names and contact information of the author(s), composer(s)
and/or music publisher(s) and performers of the songs and videos embodied in Your Content, together
with any additional copyright information and metadata in Your possession or under Your
control relating to such songs and Your Content; and
2.2 IVA RTV Music Service requires the information set out above to ensure that Your music is
2.3 IVA RTV Music Service may encode or transcode Your Content as required.
2.4 You can deliver Your Content and the material set out through digital uploads or if
agreed with IVA RTV Music Service, some other form of digital carrier.
3.1 This Agreement shall commence on the very date that You upload any of Your
Content using the facility on the IVA RTV Music Service, and shall continue until such time as
You or IVA RTV Music Service terminate this Agreement if:
(a) You require from us to remove Your Content from the IVA RTV Music Service; or
(b) IVA RTV Music Service removes Your content on its own due to Your prospective violation of this
3.2 Following termination of this Agreement, IVA RTV Music Service may retain on a confidential
basis one copy of any correspondence, information or data provided by You to IVA RTV Music Service
in order to comply with legal or regulatory requirements and/or internal document retention
policies as well as any and all: (i) e-mails and any attachments contained in such e-mails; and
(ii) any electronic files, each of which are automatically saved.
4. REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and undertake to IVA RTV Music Service that:
(a) the information that You have provided when uploading your tracks and videos is true, accurate,
(b) You are the owner or authorized licensor of Your Content throughout the world and
have obtained all necessary rights, clearances, consents, releases, waivers, and authorizations
in respect of Your Content;
(c) You have full right and authority to enter into this Agreement and grant the licence in
(d) There is no present or prospective claim or litigation in respect of Your Content;
(e) The use by IVA RTV Music Service of Your Content shall not infringe the rights of any third
(f) You have cleared all rights (including in the form of waivers of all moral rights,
neighbouring rights or similar rights held anywhere in the world from any contributor to Your
Content) and made all payments due to any performing artist, collecting society, producer or
contributor to Your Content (including but not limited to music synchronisation clearances
and fees, where applicable), that such payments are equitable in accordance with relevant
legislation and that no further payments shall be payable by IVA RTV Music Service; and
(g) Your Content will not contain any contaminated file, viruses, worms, Trojan horses or
other similar harmful or destructive code or program.
4.2 IVA RTV Music Service warrants that it has the full right and authority to enter into this
You hereby indemnify and will at all times keep IVA RTV Music Service and its parents, subsidiaries and
affiliates fully and effectively indemnified from and against any and costs, claims, demands,
investigations, liabilities, losses, damages, judgments, settlements, costs and expenses
whatsoever, including attorneys' fees arising out of or in connection with this Agreement,
made against or incurred by IVA RTV Music Service in consequence of any actual or alleged breach or
non-performance by You of any of Your representations, warranties, undertakings or
covenants, or Your violation of any material term or condition, contained in this Agreement.
You agree to fully cooperate and act reasonably as required by IVA RTV Music Service in the defence of any
claim. Notwithstanding the foregoing, IVA RTV Music Service retains the exclusive right to settle,
compromise and pay any and all claims, demands, proceedings, suits, actions or causes of
actions which are brought against IVA RTV Music Service.
6. ROYALTY SHARE
Licensors may by no means engage
individuals, private or public companies, non-profit organizations or music societies to collect royalties on their behalf.
Any revenue share is solely and exclusively defined by this Agreement and a direct deal between IVA RTV Music Service and the licensors stipulated by this Agreement and/or an Additional Agreement arranged, signed and accepted as such by IVA RTV Music Service and the licensors.
7. EMBEDDED YOUTUBE VIDEOS
IVARTV.com may contain embedded YouTube videos (as the code has been enabled and provided by YouTube itself) and consequently, watching any video on our site increases the number of the corresponding video views on YOUTUBE.com. If the video is monetized therein, revenues generated on YouTube will increase accordingly.
IVA RTV Music Service does not have any material benefits from the increase in the number of views of a particular video on YouTube
and is by no means associated or involved with creating or presenting YouTube user statistics, granting a license to publish or reproduce one's work, royalty shares, copyright or distribution of income generated as such on YouTube.
8. COPYRIGHT AND RELATED RIGHTS ACT
IVA RTV Music Service adheres to the Serbian Copyright and Related Rights Act in its entirety.
The author is granted an exclusive right to use the work he created, which prohibits all other individuals and legal entities, including profit and non-profit organizations, from using the work without prior permission given by the author.
Companies and other legal entities could never be considered to be authors, but only holders of specific components of a copyright and licensed to exploit the work of authorship, provided that they are granted such a license by the author or his legal successors.
One legal entity can be deemed a licensor and enter into this Agreement on behalf of an author if and only if entitled by the author to do so.
According to the Serbian Copyright and Related Rights Act, a foreign author's work is protected in the Republic of Serbia provided:
1) that the author is a person copyright has been asserted to on the basis of an international treaty ratified by the Republic of Serbia;
2) that there is reciprocity between the Republic of Serbia and the country to which the author belongs
9. ONGOING AGREEMENTS
A licensor, who has already signed an ongoing music distribution and/or promotion deal with VIDYPS 79 and/or one of its subsidiaries,
has the right to get one of his videos and/or songs promoted for free on IVA RTV Music Service even without signing a new contract with IVA RTV Music Service.
10. ABUSE OF IVARTV.COM
By using the service, You agree that You shall not do or cause anything to be done that causes
You to receive an unfair advantage or unjust revenue or in any way prejudices the operation
of IVA RTV Music Service or any part of it. In particular, You will not authorise, enable or
engage in any activity which is or is intended to be fraudulent, unlawful, false or which
artificially alters any information on or relating to IVA RTV Music Service, including (by
way of example) falsifying your personal information, falsifying the number of site impressions, uploading unauthorized content, uploading content that is already
licensed to IVA RTV Music Service or uploading duplicates of Your Content. IVA RTV Music Service reserves the
right, but is not obligated, to delete, move or edit Your Content and any information relating
to Your Content uploaded through IVA RTV Music Service, in whole or in part, in our sole
discretion. IVA RTV Music Service reserves the right to suspend or terminate Your access to the
IVA RTV Music Service Website with immediate effect and without notice to You, and to pursue all legal
remedies if IVA RTV Music Service believes, in its sole discretion, that You are in breach of any part of
You agree that IVA RTV Music Service may use Your Content to demonstrate the
functioning of IVA RTV Music Service, provided that IVA RTV Music Service shall not use Your
Content as a direct product endorsement.
You acknowledge and agree that this Agreement sets out the business relationship between
You and IVA RTV Music Service.
The business relationship between You and IVA RTV Music Service is of Licensor and Licensee and
nothing in this Agreement shall be construed: (i) to give either party the power to direct or
control the daily activities of the other party; or (ii) to constitute the parties as principal and
agent, employer and employee, franchisor and franchisee, partners, joint venturers, coowners,
or otherwise as participants in a joint undertaking.
13. NO OBLIGATION
You acknowledge that IVA RTV Music Service may change the scope of its services from time to time
and without notice to You. IVA RTV Music Service shall be under no obligation to stream or otherwise
use Your Content.
All notices or other communications required under this Agreement shall be given by email to
the relevant party at the email addresses stated below and shall be deemed to have been given
on the date that the email is read by the recipient (evidenced by a read receipt automatically
sent to the sender).
IVA RTV Music Service: CONTACT US
You: The email address supplied by You when You registered to use the IVA RTV Music Service.
Nothing in this Agreement shall confer or purport to confer on any third party any benefit or
the right to enforce any term of this Agreement.
If any provision of this Agreement (or part of any provision) is found by any court or other
authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or
part of such provision shall, to the extent required, be deemed not to form part of this
Agreement, and the validity and enforceability of the other provisions of this Agreement shall
not be affected.
This Agreement is governed by and shall be construed in accordance with the law of Republic Of Serbia
and in the event of a dispute the parties shall submit to the exclusive jurisdiction of
the Serbian Courts.
IVA RTV Music Service may, at its sole discretion, make changes to this Agreement at any time and will
post any changes on this page. In certain circumstances, IVA RTV Music Service may send an email to
You notifying You of the change. You should, however, check this Agreement
from time to time to ensure You are aware of any changes.
If You find any change unacceptable, You should terminate this Agreement by having
Your Content removed from IVARTV.com having notified IVA RTV on your decision. Failure to terminate this Agreement by
removing Your Content following any change shall constitute Your acceptance of the new
terms and conditions of this Agreement.
THIS AGREEMENT SETS OUT THE TERMS AND CONDITIONS GOVERNING THE
USE OF YOUR CONTENT ON IVA RTV MUSIC SERVICE. IF YOU ARE
UNSURE ABOUT ANY OF THESE TERMS AND CONDITIONS YOU ARE ADVISED
TO OBTAIN INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM.