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.
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:
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.
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.