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MUSIC DISTRIBUTION AGREEMENT


Accuracy Digital Company Distribution Agreement as of MARCH 1, 2023


This Distribution Agreement and Terms of Service (this "Agreement") is a binding legal agreement between you and an ("Accuracy Digital Company", "us" or "our") regarding your use of our music distribution service. If you are entering into this Agreement on behalf of one or more other individuals, groups or companies or other entities,
By clicking to accept this Agreement, you are agreeing to the following terms and conditions, so please read and understand them completely before doing so. This Agreement will automatically enter into force on the date you click to accept this Agreement ("Effective Date").

 

ACCURACY DIGITAL COMPANY DOES NOT OWN ANY COPYRIGHT REGARDING ANY OF YOUR MUSIC, ONLY A LIMITED LICENSE FOR DISTRIBUTION.
PLEASE MAKE SURE WE CANNOT OWN 100% OF WORKS, MUSIC COMPOSITIONS, LITERATURE WORKS, DRAMATIC WORKS, ORAL WORDS CONTENT, WORKS AND OTHER MATERIALS YOU WISH TO DISTRIBUTE THROUGH ACCURACY DIGITAL COMPANY. FOR EXAMPLE, YOU SHALL NOT DELIVE US RECORDINGS WITH ANY REMIX OR SAMPLE UNLESS YOU HAVE ALL REQUIRED WRITTEN PERMISSION FROM THE SONGS AND OWNERS OF APPLICABLE ORIGINAL RECORDINGS.

 

1. ACCURACY DIGITAL COMPANY SERVICE AND YOUR RECORDS

A. The Accuracy Digital Company Service enables you to upload audio-only digital files containing musical sound recordings or audiovisual works, and digital files containing basic musical compositions, literary works, dramatic works, or spoken content ("collectively, "Recordings") therein. Distribution to digital stores, streaming services, and other digital services of your choice within our distribution network, which may make your Recordings available to customers and end users ("Customers"). Such musical compositions, literary works, dramatic works, or oral content contained in Recordings are sometimes referred to herein collectively" It's called "Compositions".
 

B. Recordings must be musical soundtracks in a single track, EP, or album configuration (however, please note that Digital Stores will make your Recordings available to Customers to purchase or listen to as separate tracks, i.e. you cannot require a Customer to purchase or listen to an entire track. album or EP as a unit). They are usually used for ringtones, audiobooks, oral recordings, digital booklets, etc. we do not accept or distribute content types; however, if we choose to do so as determined by us on a case-by-case basis, in our sole discretion, the terms of this Agreement will apply to such formats.
 

A. We can currently accept Recordings up to 250 MB (or up to 24-bit / 96kHz for WAV files) in WAV, MP3, AIFF, CDDA, MP4 (m4a), Windows Media (WMA) and FLAC formats. We and/or the Digital Stores may request different formats or file sizes from time to time during the Term and Accuracy Digital Company reserves the right to convert the audio files of the Recordings as necessary.
 

D. When transmitting each Recording, you must provide us or a Digital Store with any accompanying data (eg artist name, album title, each track title, genre) and any available cover art (JPG format with RGB color). For the purposes of this Agreement, all such data, metadata, information, image files, drawings and other materials you provide to us are included in the definition of "Records". We may also ask you to indicate whether the recording contains obscene content, in which case a Digital Store may label it accordingly.
 

E. We will automatically generate unique identifying codes for each Registration and provide them to the Digital Stores of your choice. You can choose to specify your ISRC codes, but not your UPC codes.
 

F. You may delete a recording (defined below) that you have forwarded to us for distribution at any time. However, you can't remove a single track from an album, if you want to do this you'll have to delete the entire album and then reload the album with that song removed.
 

2. DIGITAL STORES
 

A.       _cc781905-5cde-3194-bb358cf58d_   _cc781905-5cde-3194-bb358_cf58d_1365bad by you The rights granted to Digital Company are not exclusive. However, if you submit your Record(s) to the same Digital Stores via  Accuracy Digital Company  and a separate service, double listing your Recordings may cause complications and/or problems with those Digital Stores .
 

B.       _cc781905-5cde-3194-bb358-59cf58d_1394bad 3194-bb3b-136bad5cf58d_ We are committed to making your records available to Digital Stores as soon as possible.   However, it can take from a few hours to a few   days and up to several weeks for a Digital Store to integrate, process and make your Records available to Customers. This varies by specific Digital Store and regions. Please be patient.

C.       _cc781905-5cde-3194-bb358-59cf58d_1394bad 3194-bb3b-136bad5cf58d_ Each Digital Store will determine, at its sole discretion and business model, the price it offers to its Customers, as well as other terms (including Your Recordings) by which it offers format or   media and recordings. For example, in some cases your Records may be available for permanent digital download on a pay-per-unit basis, and in others, Customers may pay a monthly subscription. More  to give an example,  Digital  Store Your Records_cc781905_badcde58d_cc781905-bbcde58d1365bf315359bd can offer your recordings for free along with other recordings on the basis of   or  alone, include your recordings at  marketing promotions cc781905-cf58378b_cc781904-cf53583 5cde-3194-bb3b-136bad5cf58d_ (or including   ), your recordings and featured artists on _cc781905-5cde-3194-bb319-3194_cf58d_cf -bb3b-136bad5cf58d_ can create content, Records to type  or  else  a You can group by assignaya cc781905-5cde-3194-bb3b-136bad5cf58d_cde  and_cc781905-5cde_1358d-bbcf58dcfcf58d5cf83593 of others for free. can let it create and listen to  and . Digital   We are not responsible for what the Stores do, and by selecting a particular Digital Store, in accordance with its pricing structure and other practices and policies from time to time, and in accordance with its agreement with Accuracy Digital Company, your Records may be accepted _cc781905-5cde-3194- You agree to be bb3b-136bad5cf58d_ and made available to this store.

D.       _cc781905-5cde-3194-bb358-cf58d_   _cc781905-5cde-3194-bb358-cf58d_1365bad worldwide we will distribute to the Digital Stores you choose (you may not specify only certain countries or regions for certain Registrations). The "Territory" of this Agreement is the universe, except as noted with respect to certain territories outside the United States.

E.       _cc781905-5cde-3194-bb358-19531365bad 3194-bb3b-136bad5cf58d_ The Digital Stores may choose, according to their policies and practices at the time, not to publish one or more of your Recordings at all or not to publish   in certain regions (or to remove Recordings at any time), so we cannot make any guarantees. We may also refuse to distribute (or remove from the Digital Stores) one or more Records from any or all of the Digital Stores. If we reasonably believe that any legal claim or issue may arise, making any legal claim regarding a particular Registration(s) may violate the terms and conditions of any Digital Store or for any other reason in our business judgment. If our contract with any Digital Store expires or   expires, or if that Digital Store ceases to operate entirely or in a specific region, your Recordings will no longer be accessible through that Digital Store.

F.       _cc781905-5cde-3194-bb358-19531365bad 3194-bb3b-136bad5cf58d_ By choosing a Digital Store, you warrant that you have read and understood all terms and conditions at Accuracy Digital Company and that you will fully comply with and agree to be bound by these terms and conditions for your other content.

 

3. YOUR ACCOUNT
 

A. When you sign up for our service, you will create a username and password for your account on our website, now www.accuracydigital.com, which will allow access to an online user control panel. Please keep your username and password safe as you will be solely responsible for all financial transactions and other activities carried out through your imported account. We will not be responsible for any activity carried out through or through your account.
 

B. During registration, you choose what level of user account you want, depending on your budget and the level of service you want.
 

A. The artist name(s) you choose will be valid for the term of your Agreement with us and cannot be changed.
 

D. Your annual registration fee must be paid with a valid debit/credit card and will automatically recur annually until you terminate the Term of this Agreement as described in the "Term" section below. Therefore, you must hold a valid credit card with us during the Term. We currently accept Visa and MasterCard, but we reserve the right to add or change payment methods during the Term. You expressly authorize Accuracy Digital Company to collect the applicable amount plus applicable taxes from the credit card you provided or, in our sole discretion, deduct that amount from any monies payable to you. Any refund is at the discretion of Accuracy Digital Company. In addition, if you owe Accuracy Digital Company any fees or other amounts, we may deduct or offset those amounts from current or future payments to you.
 

4th TERM
 

A. The term ("Term") of this Agreement will begin on the Effective Date and will continue for one (1) year unless previously renewed or terminated.
 

B. The term will automatically renew at the end of each annual contract period (your credit or debit card will be charged accordingly) if you do not terminate your account in the user dashboard on the site before the end of the current contract year.
 

A. Accuracy Digital Company may terminate the Term for any reason, including but not limited to, if we reasonably believe that you or any of your Recordings or other content violates this Agreement or the terms and conditions of any Digital Store, infringes the intellectual property rights of you or your Recordings. We may also terminate the Term if the credit or debit card you provide to us expires, is cancelled, if our attempts to charge your Service fee are denied for any reason, or if we reasonably believe that the charges were fraudulent. Therefore, if the number, expiration date, billing address, or any other card or account information changes, please be sure to promptly update your Accuracy Digital Company account via the Site user dashboard. However, we may choose, at our sole discretion, to renew the Term and deduct the applicable renewal fee from any sums payable to you herein. We may also terminate the Term if our Service is stopped for any reason.
 

D. After the Term has expired, we will notify all relevant Digital Stores to remove Your Enrollment and will have no further obligation to you other than to account for and pay any monies earned during the Term. Customers who download or otherwise access your Recordings may retain and continue to listen to your Recordings even after the Term of this Agreement has expired.
 

5. GRANT OF RIGHTS
 

A. Digital platforms, including, but not limited to, services for us to distribute your recordings and related content to digital stores that you choose on Accuracy Digital Company's sites, digital stores require us to confirm that you have granted us the non-exclusive, sublicensable right and license for the duration.

 

  1. Duplicate and distribute your Recordings to Digital Stores for customers to sell or sublicense in all applicable digital (non-physical) formats, configurations, technologies and methods (including, without limitation, perpetual downloads, temporary or "linked"). Download, interactive and non-interactive streaming, "scan and match" services, "cloud" services, digital music apps, digital and online/wireless karaoke services, business building background services, home workout background and audio-visual services, and other audio-visual services. audio services) in any case all smart devices (including, without limitation, personal and tablet computers and smartphones) as now or hereafter known.
     

  2. Authorize to create, reproduce, publicly perform and make available free preview clips of Your Recordings via streaming format via Accuracy Digital Company Sites or Digital Stores and to reproduce, create and publicly perform and make available the Digital Stores;
     

  3. Authorizing, but not limited to, third-party partners or Accuracy Digital Company licensees who provide services that allow the creation, use, and exploitation of so-called "remixes" of your Recordings and so-called "user-generated content" containing your Recordings, including, but not limited to, Accuracy Digital Company's Services in the following relevant You agree that you will be entitled to grant rights to:

(1) Synchronize your Recordings (again containing Composition for illustrative purposes only) and authorize others to synchronize them with visual images or Combine excerpts from your Recordings with any series of still or moving images as pre-capture, post-capture or live stream;

(2) use and include your Recordings or remixes of your Recordings in "Mix Content", which means the combination of two (2) or more complete or partial audio-only tracks that can be mixed harmonically, rhythmically or otherwise, remixed, or edited;

(3) You can store, host, reformat, on-demand streams, conditional downloads, and upload your recordings in user videos, "art video", audio-only track (including remixes), tag videos, and Mixed Content and Recordings, including built-in YouTube video players. to make available on and through the UGC Services, including but not limited to;

(4) Reproduce, distribute and prepare derivative works (including synchronization rights and remix rights) based on your Recordings, collect all proceeds from the above activities to the extent necessary for the purpose of performing any of the above activities, and create reference files and fingerprints of the Recordings, and to store and use;

(5) grant UGC Services all rights necessary for Google to contain the Recordings in the so-called "Audio Interchange Library" (or any successor product owned or controlled by Google) (and transmit such rights to users as appropriate) and, as appropriate, UGC Services' similar "libraries" of master recordings that users may add to user videos or Mixed Content; And

(6) Display album art in relation to videos and audio-only tracks created in connection with UGC Services. UGC Services will also have the right to (assign such rights to labels and users as appropriate): (A) to create so-called "artistic music videos" using your recordings; (B) Create reference files and fingerprints of your records; and (C) use your recordings for Facebook features such as musical emojis/stickers, video re-editing, posting lyrics, virtual reality experiences, singing along with lyrics. "UGC Services" means any mirror and derivative sites, including mobile, any substitutes or successor versions thereof, and any international versions thereof, and their APIs and any other product, device or service (including mobile devices),
 

  1. your artist(s) or company name and logo (if any) and all artwork, song and album names, all trademarks, service marks, logos and trade names, and all artist, songwriter, producer and on Accuracy Digital Company Sites, Digital Stores mixer names and certified likenesses (“Materials”), each contained in the metadata within the Posts or otherwise provided by you, on its sites and services and in any marketing, advertising or promotional material for our Service or for Digital Stores. Without limiting the foregoing, Digital Stores may create (but have no obligation) editorial content about you and your Recordings and classify or categorize them for inclusion in one or more genres;
     

  2. Earn revenue from Digital Stores from their use of Your Recordings (and earning revenue after the Term from using Your Recordings during the Term); And
     

  3. To notify Digital Stores and other third parties of our rights and affiliation under this Agreement and to include your name and logo (if any) in any list of Accuracy Digital Company licensors.
     

B. Further, you grant us and your chosen Digital Stores the right and license, during the Term and throughout the Territory, to take all necessary or necessary steps to exercise the above rights and to distribute Your Recordings and Materials as set forth in this Agreement. We may store, host, cache, reproduce, convert, edit, present, transmit and publicly perform such Records and may be amended from time to time during the Term as necessary pursuant to our agreements with these Digital Stores. You understand that Digital Stores may grant Customers rights, even perpetual rights, to use Your Records beyond the Term of this Agreement. As noted above, Digital Stores and/or, in our reasonable business judgment, may refuse to distribute or otherwise use (or remove any Recording previously distributed or offered to Customers) any Recording or other Material. You will be deemed to have approved any artwork, photographs, biographical material or other information or materials you provide to us.
 

C. In addition, and without in any way limiting any right granted by you above, you grant Accuracy Digital Company a direct license to publicly perform Your Recordings (including, for clarity, Compositions) on (including but not limited to) Accuracy Digital Company Sites. Hyper Tracking). If you are affiliated with a performance rights association, performance rights organization or other collections association to which you have granted the non-exclusive right to manage public performance rights in and to your Recordings and/or Compositions, in accordance with the requirements of your applicable association membership agreement(s), pursuant to this paragraph and You agree to notify any such association membership of your agreement to license performance directly to the public, as otherwise set forth in the agreement.
 

6. YOUR RESPONSIBILITIES
 

A. All rights, licenses, waivers, permits and permissions, including but not limited to all music publishing rights and licenses, to distribute, reproduce, display, publicly perform, synchronize with audio-visual works, or otherwise exploit only you are responsible. Compositions for all Recordings and other Materials (including lyrics for such Compositions) throughout the Territory to enable Accuracy Digital Company and your chosen Digital Stores to fully enjoy all of their rights herein without any claim, lien, lien or other restriction. Your upload of Recordings and delivery of other Materials shall be your unconditional guarantee and representation to us that you have acquired all such rights necessary and necessary for Accuracy Digital Company and the Digital Stores you choose to sell.
 

B. Without limiting anything in this Agreement, (I) all royalties, including, but not limited to, all mechanical royalties and synchronization fees, and to artists, producers, engineers, licensors and any sales, licensing, performance and/or other compensation of your Recordings and Materials. (II) any royalties payable by you to their owners, including but not limited to all mechanical royalties and synchronization fees, or any copyrighted recordings (e.g. samples) and/or musical compositions contained in Your Recordings. (III) any payments that may be required under any union, guild or other collective bargaining agreement applicable to you or third parties, and (IV) other royalties (including, but not limited to, mechanical royalties) payable in respect of the Recordings or Materials. ), wages and/v or sums; Any jurisdiction as a result of authorized exploits of Accuracy Digital Company or your Records by your chosen Digital Stores (including, for your understanding, Compositions) for alleged performer rights, fair wages rights, or neighboring rights, however, is characterized by local law. If any part of your records is currently or in the future administered by any association in any region(s), you are responsible for notifying such third party associations of this Agreement. You understand and agree that Accuracy Digital Company will not make such payments on your behalf or otherwise. If you would like Accuracy Digital Company to direct a percentage of your earnings to another Accuracy Digital Company member, report it in the Accuracy Digital Company contact section. WE DO NOT PROVIDE AND CANNOT PROVIDE YOU WITH LEGAL ADVICE REGARDING YOUR OBLIGATIONS TO THIRD PARTIES, SO PLEASE ADVICE ATTORNEY BEFORE YOU ACCEPT THIS AGREEMENT AND FOLLOW ANY REGISTRATION TO OUR SERVICE.
 

7. PAYMENT AND ACCOUNTING TERMS
 

A. Considering the rights and licenses granted here, we will send all income we earn and receive in TURKEY directly in Turkish Lira to your bank account based on the option available in your plan. (I) if you have signed up for our separate mechanical licensing service for cover songs, we will also deduct the fee for that service and any applicable royalties paid to songwriters and publishers, and (II) YouTube, which uses YouTube's Content ID service and other methods to detect videos containing: If you have enabled and signed up for our separate Content ID service, such as the Money service, Your Recordings we will deduct 20% from the monies paid to us for videos that exploit your Recordings detected using these methods.
 

B. You understand and agree that Digital Stores may keep some of their revenue from Customers for themselves and deduct amounts from the amount they pay to Accuracy Digital Company. Amounts withheld by Digital Stores may include, but are not limited to, taxes and tariffs, administration fees, royalties or fees paid to third parties, wire transfer fees and credit card processing fees, and chargebacks. Accuracy Digital Company has the right to rely on payments and accounting from Digital Stores. Any objection to any accounting statement or any action arising out of it must be made (and/or litigation must be commenced) no later than one (1) year from the date of filing, and you waive any statute of limitations that may now be permitted.
 

A. Accuracy Digital Company makes payments through methods such as bank wire and may deduct fees incurred by Accuracy Digital Company in remittance of payment. YOU MUST BE APPROVED BY THE BANKS FOR ALL OTHER PAYMENT METHODS BEFORE RECEIVING PAYMENT FROM ACCURACY DIGITAL COMPANY. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR PAYMENT METHOD IS FUNCTIONAL. During the term, we may change or add additional payment methods. Accuracy Digital Company also communicates with you via email, therefore, TO RECEIVE IMPORTANT NOTIFICATIONS FROM ACCURACY DIGITAL COMPANY, YOU MUST PROVIDE AN ACTIVE EMAIL ACCOUNT and ensure that the email account is active, can receive emails from Accuracy Digital Company, and It is your responsibility to make sure your mailing address is correct.
 

D. Once we receive a payment for you from a Digital Store, we will notify you through your Accuracy Digital Company account dashboard. You must then notify us so that we can pass on the royalties to you. We will also provide you with some of the accounting statements we receive from the Digital Stores you have selected for the current period through your user control panel. We may revise these statements for any confidential or third-party information. If your account is held on behalf of a group, company, partnership or anything other than just you, then you are responsible for paying others. We will only pay the individual account holder or the paid account holders you specify in your Pods dashboard.
 

E. In case of any disruption provided in the tax forms, the intermediary companies reserve the right to withhold the amounts due until all appropriate and correct information that removes the withholding tax is submitted to and received by the party.
 

G. If we receive or otherwise reasonably suspect that any of your Records or Materials or your use of our Site or Service violates any contract, any third party right, this Agreement, or any law, rule or regulation. In addition to any other rights and remedies available, we will not distribute and/or disseminate your Records if you have a dispute regarding materials (including but not limited to ownership or payment of monies) or if your activities involve misrepresentation, abuse of power, deception, fraud or other improper conduct. suspend or terminate the Term of this Agreement and/or cease payment to you of such Record(s) in an amount that is reasonably attributable in our sole discretion, We may deduct our fees and related attorney's fees and related legal costs from your payments. You will lose any money that could be attributed to your fraud, violation or other illegal activities.

8. REPRESENTATIONS AND WARRANTIES; COMPENSATION
 

You represent and warrant to Accuracy Digital Company that: (I) you are at least 18 years old and have the legal capacity, right and authority to enter into this Agreement; (II) that you hold the copyrights and other rights necessary to grant the rights, licenses and permissions herein and that such rights, licenses and permissions are exercised by Accuracy Digital Company, the Digital Stores you choose, our and their permitted successors and assigns, any applicable law will not violate the rule or regulation or the rights of any third party; (III) you have obtained all necessary rights, permissions, licenses and permissions from the copyright holders by third parties, including but not limited to mechanical, synchronization and all other licenses, to grant all rights and licenses and otherwise fully comply with all obligations herein and pay all payments. and comply with all your obligations under this Agreement; (IV) Your Recordings and Materials, including but not limited to any visual content contained in your Audio-visual Recordings, as permitted by Accuracy Digital Company, Digital Stores and their Customers, will not infringe any copyright. Violate any third party's trademark or other intellectual property or other rights (including, without limitation, rights of publicity, privacy, or moral rights) or any applicable treaty, law, order, rule or regulation; (V) files containing Recordings and Materials that you upload or otherwise provide to us may not contain any errors, viruses, trojans or other defects or harmful elements or digital rights management restrictions; (VI) no actual or potential claims, litigation, administrative action or other action with respect to or against the full exercise of all rights and licenses granted in or in any Registration or Material; (VII) all data, metadata and information you provide under or in connection with this Agreement are accurate and complete and you agree to update them during the Term; (VIII) that you will use the Site and the Service only in accordance with this Agreement, and that you will not use for any infringing or improper purposes and for any fraudulent purposes, and will be subject to the terms and conditions herein; (XI) There is no existing agreement that materially interferes with the rights granted to us herein, or you enter into any agreement or take any action that is inconsistent with them; (XII) you undertake and agree that you will not claim any rights or take any legal action under this Agreement against any Digital Store or UGC Service unless they violate the rights you grant to Accuracy Digital Company under this Agreement; (XIII) You have read and understood this Agreement and have the opportunity to consult an independent legal counsel in connection therewith. The granting of transfer, mortgage or other rights in or to your interest in any of the Records or Materials shall be subject to our rights hereunder and the terms and conditions herein;
 

9. NO WARRANTY; LIMITATION OF LIABILITY
 

A. THE SITE AND THE SERVICES ARE PROVIDED AND PROVIDED TO YOU AS IS. ACCURACY DIGITAL COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING TO THE AMOUNT OF REVENUE EARNED OR PAYABLE OR CONDITION, QUALITY, CONTINUITY OF OPERATION, PERFORMANCE, THEREOF. DISPASSABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF OUR SITE OR SERVICE. WE DO NOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE OR THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. ANY WARRANTY IS EXPRESSLY DISCLAIMED AND EXCLUDED.
 

B. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INCIDENTAL, INCLUDING, NON ACCURACY DIGITAL COMPANY AND ITS AFFILIATES, EMPLOYEES, OWNERS, REPRESENTATIVES, LOSS OF PROFITS. Dijital stores or customers, identity services or warranty, contract, unjust transaction (including negligence) due to any movement or neglect for your access to the site or service due to loss, data loss or loss of good intentions, product responsibility or any other legal theory and here specified here WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF THE LIMITED REMEDY IS FAILED FOR ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ACCURACY DIGITAL COMPANY   SHALL BE TOTAL LIABLE FROM THIS AGREEMENT. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN ACCURACY DIGITAL COMPANY AND YOU.
 

10. VARIETIES
 

A. This Agreement, together with the Privacy Policy applicable to our Site in general, contains the entire agreement of the parties and supersedes any previous or contemporaneous correspondence, agreements or understandings on the subject herein. We may change the terms of this Agreement from time to time, in which case we will notify you by changing the date at the top of this Agreement (so please be sure to check back often) and/or by email or notification. To your control panel on the site. If you do not accept the revised Agreement, you must terminate your account;
 

B. A waiver by one party of the other's breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable pursuant to a judicial decision or decision, the remainder of this Agreement will continue to be valid and enforceable under its provisions, such determination shall not affect any other provision of the Agreement, and the unenforceable provision shall be exclusively: shall be limited as follows: it must be replaced by an enforceable provision that is necessary or that most closely meets the commercial purposes of the parties.
 

A. Accuracy Digital Company will not be liable for a correctable breach of this Agreement unless you provide written notice of the alleged breach that we confirm we have received and we are unable to correct such breach within ninety (90) days thereafter.
 

D. We may forward all notices and communications to you via the email address or Telephone number associated with your account. All notices to Accuracy Digital Company will be sent to us at info@accuracydigital.com .
 

E. You may not assign or assign any of your rights or obligations under this document without our prior written consent, and any attempt to the contrary will be null and void from the outset. We may assign, pledge, pledge, sublicense, and otherwise transfer this Agreement and/or any or all of our rights and obligations to operate the Service and the Site. This Agreement will be binding on and for the benefit of the parties and their respective appointees and successors.
 

F. We reserve the right to change, discontinue or terminate the Service at any time and without notice.
 

G. The relationship between the parties is that of independent contractors. This Agreement will not be considered a partnership or joint venture, and neither party is a representative, partner, employee, or representative of the other.

Dağıtıcı / Hak Sahibi

 

Accuracy Digital  Yapım & Dağıtım

 

1- Taraflar

İşbu hizmet koşulları (”Koşul ve Şartlar”), yasal bir sözleşme niteliği taşımakta olup siz (”siz” veya “Sanatçı”) ve Accuracy Digital Company (”Distribütör”) arasında akdedilmiştir. Distribütör Gizlilik Politikası (”Gizlilik Politikası”) ve açık bir şekilde ilişkili bulunduğu tüm belgeler ile beraber işbu Koşul ve Şartlar, işbu sözleşme amaçlarına yönelik olarak Sanatçı tarafından ortaya konulan ve Distribütöre ibraz edilen müzik eserlerinin (”Eserler”) dağıtımına ilişkin Sanatçı ve Distribütör (birlikte “Taraflar”, ayrı ayrı “Taraf”) arasındaki ilişkiyi yönetecektir.

2- Sözleşme süresi

Ses sanatçısı işbu sözleşmenin akdi tarihinden itibaren 1 yıl süre ile firmaya bağlı kalacaktır. Sanatçı ve yapımcı firma bunu şimdiden karşılıklı olarak kabul etmişlerdir.

3- Taraflar arasında delil niteliği taşıyacak maddeler

Taraflar arasında ve tarafların yetkililerince yapılan telefon görüşmeleri, e-posta, SMS, WhatsApp ve faks gibi elektronik yazışma kayıtları, kanunen geçerli delil sayılarak, usul hukuku bağlamında kesin ve bağlayıcı delil olarak kabul edilmiştir.

4- Mali hakları kullanma yetkileri

Taraflar aşağıda belirtilen mali hakların/mali hakların kullanma yetkilerinin devri, devralınması konusunda anlaşmaya varmışlardır.

4.1. Yayma hakkı
4.2. Mali hak bedeller

5- Üçüncü şahıslar ve firmalar hakkında

Hak Sahibi işbu sözleşme süresi içinde hiçbir surette üçüncü şahıslar veya firmalarda sözleşme imzalanmayacağına, daha önceden imzaladığı sözleşmelerin olmadığını, eğer böyle bir sözleşme varsa bunun yapımcı firmayı bağlamadığını, böyle bir sözleşmeden doğacak her türlü maddi ve manevi tazminatı peşinden kabul, beyan ve taahhüt eder.

6- Mali Hak Bedelleri Paylaşım Oranları

6.1. Mali hak bedelleri paylaşım tablosu

Mali hak bedellerinin taraflar arasındaki paylaşım planı aşağıdaki gibidir.

TELİF TÜRÜ                                           ESER SAHİBİ                                      YAPIM ŞİRKETİ

1.Albümler                                    :        %80                                                     %20

2.Reklam Dizi Ve Film Müzikleri  :         %80                                                     %20

 

3. Temsil Telif Geliri                      :        %80                                                     %20

 

4. Dijital Gelirler                           :        %80                                                     %20

 

 

• (Her tür dijital/online ortamdaki kullanım ve ileride geliştirilecek tüm teknolojiler dahil olmak üzere AYNI ORANDA.)

 

6.2. Telif ve Gelir ödemeleri

 Accuracy Digital Company, İşbu sözleşme uyarınca tahsil edilen tüm tutarları ve bu tutarların kaynaklarını gösterir biçimde telif raporlarını, tahsilat yapılan her ayın son iş günü itibari ile olmak üzere hazırlayacak ve 1-30 iş gününde eser sahibine gönderecektir. İlgili ödemeler 3. kişilerden tahsil tarihini takip eden haftanın son iş günü, Accuracy Digital Company tarafından eser sahibine gönderimi sağlanacaktır.

 

7- Sözleşme Fesih – Ayrılış Sonrası Hesap Devri

Sanatçı sözleşme bitiş tarihi geldiği taktirde sözleşme yenilemek istemez hesapları tekil duruma düşürülür ve kendisine dijital ortamdan devredilir. Tekil duruma düşürülme aşamasında yansıyacak ücretlendirmeleri sanatçı ödemek zorundadır.

8- Dağıtım Yapılacak Platformlar

Spotify, Apple Music, iTunes, Instagram & Facebook TikTok, Resso & Luna, YouTube Music, Amazon.com, Soundtrack by Twitch, Pandora, Deezer, TIDAL, iHeartRadio, ClaroMusica, Saavn, Anghami, KKBox, Boomplay, Snapchat, NetEase, Tencent, QQ Music, Kugou Music, Kuwo Music, WeSing, Pretzel, Triller, TouchTunes, Audiomack, Yandex Music, Qobuz, Joox, Kuack Media Group,

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