This Agreement was last updated on April 15, 2017.


THE MAIN TERMS OF THE AGREEMENT IN A NUTSHELL:

1. IVA RTV is an interactive free-to-watch online music TV & Radio service built for effective music promotion of independent artists and labels. 2. IVA RTV's mission is to help its clients reach out to as many listeners and watchers 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 relevant rightsholder(s). 4. IVA RTV 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 or IVA RTV can terminate this Agreement at any time by Your requiring from us to remove all Your content from our website or by our own removing Your content 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 on the basis that IVA RTV 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 to use the sound recordings, lyrics and any performance of any artist and/or performer embodied in Your track, together with any metadata, artwork, images, lyrics and sleeve notes which You upload and provide to IVA RTV (together, "Your Content").

1. GRANT OF LICENCE

1.1 Your Content By uploading Your Content, You grant to IVA RTV a non-exclusive licence (including the right to sub-license for all purposes related to the IVA RTV and its affiliated services) throughout the world.

1.2 Reserved Rights

All rights and licences not expressly granted to IVA RTV under this Agreement are reserved by You. Ownership of Your Content shall remain with You or Your licensors.

2. DELIVERY

2.1 You shall deliver to IVA RTV:

(a) Your Content, including copies of the master versions of Your Content from which IVA RTV shall be entitled to make copies for the purpose set out in this Agreement;

(b) All necessary, related artwork for use by IVA RTV 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 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 requires the information set out above to ensure that Your music is displayed correctly.

2.3 IVA RTV 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, some other form of digital carrier.

3. TERM

3.1 This Agreement shall commence on the very date that You upload any of Your Content using the facility on the IVA RTV services, and shall continue until such time as You or IVA RTV terminate this Agreement by:

(a) You require from us to remove Your Content from the IVA RTV; or (b) IVA RTV removes Your content on its own due to Your prospective violation of this Agreement.

3.2 Following termination of this Agreement, IVA RTV may retain on a confidential basis one copy of any correspondence, information or data provided by You to IVA RTV 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 that: (a) the information that You have provided when uploading your tracks is true, accurate, current, complete and is compliant with the IVA RTV Website Terms of Use; (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 clause 1.1; (d) There is no present or prospective claim or litigation in respect of Your Content; (e) The use by IVA RTV of Your Content shall not infringe the rights of any third party; (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; 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 warrants that it has the full right and authority to enter into this Agreement.

5. INDEMNITY

You hereby indemnify and will at all times keep IVA RTV 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 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 will cooperate as fully and reasonably as required by IVA RTV in the defence of any claim. Notwithstanding the foregoing, IVA RTV 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.

6. ROYALTY SHARE

IVA RTV is a free-to-watch online music TV that currently works on an ads-free basis. No revenues are generated during the play and no revenues are generated by any 3rd-party on the website. The only profit made is that from paying the fees for broadcasting and audio and video promoting on IVA RTV. If Licensee happens to include any ads into IVA RTV, it is obligated to notify Licensors on this update and split the revenues generated by ads between the company and Licensors accordingly. Licensors may by no means engage individuals, private or public companies or non-profit organizations to attempt to collect royalties on their behalf. Any revenue share is solely and exclusively defined by this Agreement and no other document.

7. 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 even without signing a new contract with IVA RTV.

8. ABUSE OF THE IVA RTV WEBSITE

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 the IVA RTV Website 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 the IVA RTV Website, including (by way of example) falsifying the number of site impressions, uploading content that is already licensed to IVA RTV or uploading duplicates of Your Content. IVA RTV reserves the right, but is not obligated, to delete, move or edit Your Content and any information relating to Your Content uploaded through the IVA RTV Website, in whole or in part, in our sole discretion. IVA RTV reserves the right to suspend or terminate Your access to the IVA RTV Website with immediate effect and without notice to You, and to pursue all legal remedies if IVA RTV believes, in its sole discretion, that You are in breach of any part of this clause.

9. DEMONSTRATIONS

You agree that IVA RTV may use Your Content (including screenshots) to demonstrate the functioning of the IVA RTV services, provided that IVA RTV shall not use Your Content as a direct product endorsement.

10. RELATIONSHIP

You acknowledge and agree that this Agreement sets out the business relationship between You and IVA RTV. The business relationship between You and IVA RTV 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.

11. NO OBLIGATION

You acknowledge that IVA RTV may change the scope of its services from time to time and without notice to You. IVA RTV shall be under no obligation to stream or otherwise use Your Content.

12. MISCELLANEOUS

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: Contact Us

You: The email address supplied by You when You registered to use the IVA RTV 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 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 may send an email to You notifying You of the change. You should, however, check these Terms and Conditions from time to time to ensure You are aware of any changes.

If You find any change unacceptable, You should terminate this Agreement by removing Your Content requiring from us to accomplish that. 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 THE IVA RTV SERVICE. IF YOU ARE UNSURE ABOUT ANY OF THESE TERMS AND CONDITIONS YOU ARE ADVISED TO OBTAIN INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM.