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Terms Of Music Submissions

  1. I am the owner and/or holder of the full rights and intellectual property (whether these are protected by, created     by     or     derived     from     local     or     international     law)     in     the     Track / Catalog     I submitted by a link on Klick Site (hereinafter: “the Tracks”), including in any right, property and interest in intellectual property and any topography of an integrated circuit (mask works), mechanical rights, ethical rights, all whether or not these were registered or published, all notes and recordings of the Track / Catalog and all applications related to the Track / Catalog and/or the rights to it.I hereby declare and confirm that I am authorized to grant the license (as defined herein below) in the name of the relevant holders of any of the rights discussed herein below and the agreement of no person, company or other association of collective rights is required in order to grant the license, and the Company’s use of the Works under the license will not infringe the rights of any third party whatsoever.

  2. I hereby grant Klick by Joy Records Ltd., Private Company 515837995, whose registered address is 22 Dovnov St., Rishon Le Zion (hereinafter: “the Company”) the limited non-exclusive right and license, without royalties, throughout the world, to use the Track / Catalog as part of the services provided by the Company to its customers for the purpose of the provision, electronic transfer, broadcast, and content streaming in any mode, media or form, currently known or that may be possible in future, for the purpose of the private or public performance of the aforesaid in places of a commercial or business orientation, such as stores and offices, whether or not for purposes of profit (hereinafter: “the Services”), including but not limited to: (1) the right to broadcast, distribute, transfer electronically and stream the Track / Catalog in any mode, media, or form currently known or that may exist in future; (2) the right to duplicate the Track / Catalog for the purpose of providing the Services and the use thereof by the Company and customers; (3) the right to combine or synchronize the Track / Catalog in any mode, media or form currently known or that may exist in future, in any audiovisual work that is digitally transferred or distributed within the framework of the Services; (4) the right to perform the Track / Catalog privately or publicly within the framework of the Services, in any mode, media, or form currently known or that may exist in future; (5) the right to adapt or convert the Track / Catalog from one medium to another mode, media, or form, which are currently known or that may exist in future; (6) the right to use the names and likenesses of the performer and/or the composer and/or the author of the Track / Catalog; (7) the right to alter, rectify, interpolate, add to and/or delete from the Track / Catalog, to use parts of the Track / Catalog, and to integrate the Track / Catalog with the works of others for the purpose of and within the framework of the Services (hereinafter: “the License”). Due to the nature of the Services, the use of the License and the exercise thereof will not require the provision of credit or the mention of my name or the name of any other third party, and any credit, as aforesaid, will be provided in accordance with the sole discretion of the Company. I am aware that nothing in the aforesaid will be deemed as an undertaking of the Company to actually utilize the rights granted hereby and the Company will have the right to use (or not to use) the Track / Catalog in the scope and to the extent as it considers expedient according to the sole discretion of the Company. The Company will be permitted to grant a secondary license and/or to allocate the relevant part of the rights that were granted in accordance with the License to any bodies using the Services of the Company (hereinafter: “the Customers”), in the scope and to the extent necessary for the provision of the Services and the use thereof.

  3. This agreement does not cover any streaming revenues that may be generated by any DSP, those  are not a part of this agreement and belong to the original rights holder.

  4. I undertake to obtain and maintain at my expense all the licenses, permits, authorizations and permissions required from any author, composer, performer or any other person whose Work is included in the Track / Catalog, and to pay all the commissions and payments required in relation to them up to the extent required in accordance with any agreement and/or by law.

  5. I declare and undertake that I have delivered and will deliver in future all notices and waivers of royalties required for all the relevant associations for performance rights and/or collective rights and/or societies or other relevant bodies (including but not limited to ASCAP, BMI, SESAC, BUMA, PRS, GEMA, SACEM) (hereinafter: “Collective Societies”), as necessary in order to grant the application of the license in a lawful manner. In addition, I designate and irrevocably appoint the authorized officers and agents of the Company and the assignees thereof as my agents and my legal representatives to act for me and in my name and to execute, verify and submit documents and perform all other actions that are permitted by law, which pertain to any Collective Society, as required in order to grant the application of the license in a lawful manner.

  6. I hereby waive irrevocably, unconditionally and perpetually any claim or demand with regard to any compensation, royalties, benefit, remuneration, refund, payment or any other consideration in connection with the License and/or use of the Track / Catalog within the framework of the License and/or undertaking or right to payment and/or receipt of royalties or any other kind of consideration in relation to the aforesaid.

  7. I hereby acknowledge that the relations that have been created herein in this document between the Company and me are solely those of an independent party granting a License and an independent party receiving a License, and nothing in the aforesaid will be deemed as creating any relations of agency, partnership, joint initiative or employee-employer relations. I explicitly confirm that by the receipt of the License, the Company does not become my legal representative or agent for any purpose.

  8. At any time, both during the course of the period and at any other time subsequent to the conclusion thereof, the holder of the rights will protect, compensate and indemnify the Company in any other manner for any and against any undertakings, costs, fines, losses and expenses, including legal representation fees and court costs, which ensue from or are engendered by any claim or demand against the Company due to the breach of the declarations and undertakings of the holder of the rights or due to contradictions therein.

  9. The License and my undertakings as stated herein above and below will enter into effect commencing on the date of the provision of my agreement to these conditions and will continue to remain in effect until the provision of early notice in writing to the Company, 21 days in advance (hereinafter: “the Notice Period”) or until the date of receipt of notice from the Company that it waives the License and/or the rights thereof as stated herein above and below, whichever is the earlier of the two. It is clarified that the License and my undertakings as stated herein above and below will remain in full effect throughout the course of the Notice Period. Notwithstanding the aforesaid, the Company will be permitted at any time prior to the expiration of the Notice Period to waive the rights thereof during the Notice Period. The provisions of sections 3 to 7 will survive the expiration of validity of the License or the conclusion of my undertakings.

  10. The laws of the State of Israel will apply to my undertakings as aforesaid and the exclusive venue on any matter that ensues from this document or in connection herewith will be the competent courts in Tel Aviv. In the event that it will be determined in accordance with any applicable law that a certain provision prescribed in this Agreement is invalid, that it is unlawful or that it is unenforceable, the other provisions will be not be affected and will remain in full effect.

  11. I hereby agree and confirm that the Company may assign all its rights and obligations pursuant to this Agreement or a part thereof at any time by way of written notice, which indicates the identity of the assignee, subject to the fact that the rights of the holder of the rights pursuant to this Agreement will remain without alteration and without infringement.

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