LINKTONE – Protecting Your Rights and Royalties!

Preface:

LINKTONE is a small website dedicated entirely to one song.

 
The LINKTONE is delivered via email; containing both the song as well as all related PR materials said ARTIST wants to be distributed to our distinguished members: pictures, press-releases, lyrics, credits and even videos/clips.

A. General

1. The following statement/terms describe and hereby designate the terms of use for the LINKTONE web site for all its users, and all of the included conditions in this statement makeup the AGREEMENT between the users of this site and the owners of the site, MEDIAPAGE, Ltd. MEDIAPAGE, Ltd. and the services provided in/by the LINKTONE website and its users are hereby subject to these terms in their entirety.  Except for any breach of obligations included expressly in this AGREEMENT subject to conditions, site users will have no claim or suit against the COMPANY MEDIAPAGE and shall have no responsibility that the site's users.

2. All users interested in distributing their LINKTONE via the website (ARTIST) for personal media connection, must receive MEDIAPAGE’s (COMPANY) express and written permission. MEDIAPAGE does not guarantee to approve such requests, with no reason or cause. The ARTIST, once a member, agrees to abide to this AGREEMENT.

3. Anyone Media Professionals (MP’s) interested in receiving LINKTONEs via the web must receive COMPANY’s express and written permission. COMPANY does not guarantee to approve any and all requests made via the website and will do so entirely at the COMPANY’s discretion. The MP, once a member, agrees to abide to this AGREEMENT.

4. The COMPANY undertakes to provide services to users of the site subject to compliance with all conditions of this AGREEMENT. The COMPANY reserves the right to terminate any connection with the Site User whether the AGREEMENT was upheld or not subject to their discretion and an e - mail provided to the user in of seven working days.

5. “LINKTONE " is the property of the COMPANY and is protected under copyright law. Use of the name “LINKTONE ", without the COMPANY’s consent violates copyright. The COMPANY will use all means in its power to protect that right.

 

B. The ARTIST

As a registered user, the ARTIST, in exchange for a pre-set monetary fee will receive numerous services that are an inseparable part of the LINKTONE platform - these will be provided so long as the ARTIST agrees to provide the following:

1. An audio file [in 44/16 .wav format (at least)] of the song intended for LINKTONE.

2. LYRIC SHEET - MS WORD (2003 version - .doc NOT .dox) file of the lyrics of the song.

3. PRESS SHEET - MS WORD (2003 version - .doc NOT .dox) file of the press sheet for the song.

4. CREDIT SHEET - MS WORD (2003 version - .doc NOT .dox) file of the credits of the song.

5. PHOTO - .JPEG with PR photo.

6. Video/Clip of song (if you have one).

 

In addition to the above ARTISTs warrants as follows:

  • They are the sole and exclusive owner of all copyrights, performers rights, publicity rights and other intellectual property rights and rights of ownership of the MASTER recordings, that any third party any rights major recordings and / or the producers that contradict the rights given by the producer COMPANY by AGREEMENT and / or where there is any way they can restrict the right of the ARTIST to enter into this AGREEMENT.
  • The ARTIST has received all and any authorizations from any third party to engage in an AGREEMENT with LINKTONE.
  • That the recordings were produced with full consent of all creators, performers and others who participated in them, in order to advertise and get them published: records, broadcasting authority, and public performances, as well as the ability to enable all possible commercial exploitation in any manner now known and / or to be known in the future without any limitation whatsoever
  • The ARTIST possesses all certificates and signed AGREEMENTs by the copyright owners of said copyright, performers rights and operations and all other copyright works included in the MASTER recording,  as required by copyright laws of the State of Israel, according to the Privacy Protection Act and by any other law, for the commercial exploitation of any major recording media - those that exist today, have existed, or will in the future (including New Media) for implementation of all rights granted to COMPANY under this AGREEMENT. The above includes the COMPANY's right to use their performance, their name and / or portrait and / or details, biographers of performers and creators mentioned, and will not exercise any claims against the COMPANY regarding this issue.
  • The ARTIST is qualified to undertake all the obligations relating to this AGREEMENT who directly or indirectly from the creators and / or the performer of the MASTER recording.
  • The ARTIST paid all third parties who were involved directly or indirectly in producing recordings of the MASTER, nor that any third party as stated above or other has any financial claim against the ARTIST regarding said MASTER and any other issue, and if the ARTIST has not paid third parties the full value of the above stated, (including the payment of future royalties on sales of music, producers and other third parties) that it be the sole responsibility of the ARTIST.
  • That none of works, content, or recordings possess  any violation or violate any libel law, privacy law, trademark protection law, copyright law, performance rights, or any other breach of any Tort Ordinance or duty under any law to any third party anywhere.
  • That the COMPANY has brought it to the ARTIST’s attention the fact that the distribution services under this AGREEMENT and / or some may require special licenses received by ACUM and the ARTISTs must make the necessary efforts to obtain a license from ACUM to allow implementation of distribution services under this AGREEMENT. ARTIST acknowledges that the COMPANY brought to his attention the fact that on the date of the signing of this AGREEMENT, the license granted by ACUM for  providing distribution services under this AGREEMENT, is limited solely to distribute email messages to provide right to use the Streaming On Demand services limited to subscribers, which include only partied involved in music and media (such as producers / writers / public relations officials and editors in the music industry / music critics / and other content consultants).
  • As the ARTIST will seek to expand their audience, distribution services listed under this AGREEMENT and / or the scope of uses of works subject to this AGREEMENT, the licenses set forth by ACUM, will be at the time in the possession of the ARTIST, that the ARTIST shall be exclusively responsible for the regulation of such uses with ACUM, including certain uses of copyright works subject to this AGREEMENT of services provided by ACUM.
  • It is hereby declared that the above statements are stated as correct, that.  ARTIST agrees that these statements will be correct throughout the term of the AGREEMENT. Misinformation or incorrect statements in any way by the ARTIST are a violation of this AGREEMENT.
  • Without derogating from any other rights to the COMPANY under any law, ARTIST will immediately compensate the COMPANY and / or any third party that acts on its behalf or in place of the ARTIST, in respect of any claim or demand that shall be addressed to the ARTIST, based in whole or in part for any true statement any and / or non-fulfillment of obligation of the ARTIST as stated in this AGREEMENT, provided that the COMPANY will notify the ARTIST within seven days of any claim or demand that shall be referred to  the ARTIST , and that COMPANY will cooperate with the ARTIST in a reasonable manner with regards to any claim made against the ARTIST whatsoever.

 

DISTRIBUTION SERVICES:

The Artist hereby grants the Company the full rights needed to provide distribution services under this Agreement, including the right to reproduce, print, publish and distribute the recordings of the MASTER works in Israel and abroad using every digital device that is known today or in that will be known in the future.

Distribution services under this Agreement granting the company the rights necessary for providing distribution services under this Agreement will be valid for a period of 12 months. Later, period of the agreement will extend by a year, unless one party notifies the other on with a written notice given to the other side no later than - 60 days before the end of the previous agreement.

Miscellaneous:

This Agreement shall be deemed the comprehensive rights and obligations of the parties in question in any subject, and repair or alteration or addition to this Agreement will not be valid unless the parties’ mutual consent in writing was completed.

Illegality or falsifying any of this agreement will act as a violation and breach of the agreement in part or in whole.

No waiver or discount, or silence, or refraining from action at the time, or extension  will be not considered a concession of the artist’s rights under this Agreement, and will prevent  the artist from such rights, except  if the concession was in writing.

The Company may convert its rights obligations under this Agreement provided that the rights of the artist will not be harmed. The Artist understands that this Agreement is specific to the Artist and that the Artist is not entitled to endorse his obligations under this Agreement.

The parties addresses are as detailed in the introduction to this Agreement - any parties interested in communicating must send either a registered letter sent from one to another which will be considered due within 72 hours from shipment by registered mail, upon its arrival – 14:00 sent via courier, or within 6 hours of shipment by fax or e-mail until 14:00 on a weekday, when the sender receives a hand delivery confirmation, and sender's side made sure of receipt of facsimile delivery via phone.

Jurisdiction for all matters relating to this Agreement and / or arising will be under the competent courts of Tel - Aviv – Jaffa district only.

 

C. MEDIA PROFFESSIONALS

With a license permitted by ACUM, the media are allowed to hear the music on Down streaming.
    
Under a permit by ACUM, the media professionals may download and store the music from LINKTONE on their computer hard drive and use the recordings for their work.

Media Professionals are permitted to download the song from the LINKTONE page twice per song page.

 

D. MEDIAPAGE COMPANY

The MEDIAPAGE company will be responsible for ongoing operations and without fault of the site and information stored in their servers.
    
The MEDIAPAGE company will not be responsible for the commercial success of the song.  The Company is not responsible for the content presented by artists and nor their technical quality.

Any impingement to the site by the user will result in the user being charged a fee. Failure to pay for the damage will lead to prosecution.