creators Agreement
1.General
1.1 Both parties confirm that no legal or contractual obstacles might prevent them from engaging in this agreement.
1.2 The first statement in this agreement is crucial, and it plays an essential role in the agreement.
1.3 The section headings are for convenience only and should not be used to interpret this agreement.
1.4 Everything stated in these regulations in the masculine language will also include the feminine language and vice versa. Also, everything mentioned in the plural form will include the singular form and vice versa.
2.The engagement framework
2.1 The company’s creators may offer original creations for sale on the website by opening a user account.
2.2 The creator can sell original songs and melodies for which they own the copyright.
2.3 the creator is responsible for protecting their creations and obtaining proper registration to secure their rights.
2.4 The website will display all the creations the creator chooses to showcase for purchase. There are no restrictions on who can purchase the works. If a work is not sold through the website, the creator has the right to remove it from the website and use it in any other way they wish. This includes presenting it on another platform or using it for any other purpose.
2.5 The creator of the songs on the website allows other creators to translate his songs into different languages and publish them on the website. Both the creator of the song and the translator will receive an equal share of 50% of the sales made on this website.
2.6 Once the song is sold, the creator agrees to transfer full copyright ownership of the creation to the buyer. As a result, the creator will not be entitled to any royalties for the song.
2.7 The creator can edit, update, or remove their work and change the price if it has not been sold.
2.8 The website allows creators to compose new songs or write lyrics to an existing song. The new piece will be displayed on the pages of both the original creator and the new creator. It’s important to note that the sale of each work, whether it’s lyrics or melody, will be conducted separately.
2.9 A creator must obtain permission from the original creator before uploading a translated song not in the website’s database.
2.10 A song translator on the website must indicate the song’s name and the original creator in their language.
2.11 The user can display, sell, and market Services at the company’s discretion.
2.12 By using this platform, the creator agrees to grant the company a use license for the purpose of displaying and advertising the creations. The company can showcase and share the creator’s content to promote their website or brand. They may do this through their website, third-party platforms, or any other means they choose without violating or prejudicing the creator’s rights.
2.13 The creator agrees to provide the company with any necessary information to sell and/or publish the product/service.
2.14 The parties agree that the company’s obligation is limited to enabling the creators to offer their services to third parties. The company does not guarantee the consumption of these services by third parties. In case of any claims or complaints related to this matter, the creator cannot hold the company responsible.
2.15 The website allows visitors and users to rate the content and leave a review. Using this feature, the user consents to their creation or content being rated and reviewed by others. It is important to note that constructive criticism may be given. However, the user can contact the company for further assistance if a review is deemed irrelevant.
2.16 Uploaded works will be checked before posting. This process takes up to 72 hours.
3.User undertakings
3.1 By publishing content for publication on the website, the user confirms ownership or legal authorization from the owner of all rights, including intellectual property and copyrights, and approves the publication and sale of these contents on the website.
3.2 By sending and/or uploading any works to the company’s website for publication, the user agrees to grant the company a free, worldwide, and unlimited license to use the material sent and/or published. The user also approves the publication of the content on the website at any place and time that the company deems fit. Furthermore, the user permits the company to use the content for publication as it deems fit, which includes transferring it to third parties, all at the company’s sole discretion.
3.3 For privacy, the website will only display the creator’s chosen username.
3.4 The user agrees to refrain from directly contacting the company’s customers and/or third parties to offer their own services and/or products.
3.5 The creator agrees not to offer services to customers who contact or reach them via their user account on the company website.
3.6 Any services provided to the customers or on their behalf must be exclusively accessed via the company’s website.
3.7 If the user breaches any of the sections specified in the agreement, it will be considered a severe breach. The company will have the right to terminate the agreement with the user without providing any prior notice. Furthermore, the company will also have the right to claim compensation for any damages caused by the breach of the provisions stated in the agreement.
4.payment for product
4.1 Payment for the service/product will be made directly to the company through their website or other means chosen by the company.
4.2 The company will deduct 10% from the net amount paid for its services for each purchase after removing VAT and any other mandatory payment to the tax authorities. This remaining amount is known as the “final payment.” The company reserves the right to update this amount with a 60-day notice period to the user.
4.3 The user will receive the final payment within 30 days after deducting taxes, VAT, and the company’s payment.
4.4 Once the payment is received, the business owner will issue a receipt and/or tax invoice.
The following statement clarifies that in case of cancellation of a transaction or any other reason, the company will be authorized to deduct from the final payment to the user any amount the company had to pay or return to third parties.
4.5 If a creator cancels a transaction after receiving the payment, they are responsible for returning it to the user. The buyer may also be entitled to collect cancellation fees per the law.
4.6 In the event of a dispute between the supplier and the customer or any other matter about the company, the company reserves the right to withhold payment until the dispute is fully and finally resolved.
5.Undertakings of the parties
5.1 The parties declare that they have had the opportunity to review the terms and data relevant to the engagement and confirm their ability to comply with this agreement.
5.2 The user confirms that they can provide the products and services and fulfill all obligations outlined in this agreement. They commit to performing with diligence and professionalism.
5.3 The user must agree and declare that they will not upload inappropriate content to the website. This includes any content intended to cause harm or humiliation to any other individual. It is important to note that the company reserves the right to remove any content deemed offensive or humiliating, whether a third party has requested its removal. The company is not obligated to inform the user of the removal, and the user will have no claim against the company or anyone else involved in this matter.
5.4 The user agrees to provide products/services that comply with company requirements and applicable laws.
5.5 To avoid any doubt, we want to clarify that neither the company nor its owners nor anyone representing the company, is responsible for any damage that may occur to the customer or any other party due to the product. This includes any damage that may happen due to the creator’s conduct or the non-delivery of the product. Furthermore, the company is not responsible for any damage caused by unreasonable use, misuse, or use other than the intended purpose of the product provided to the customer. It is the responsibility of the creator or the purchaser of the product or service to compensate for any damage that occurs to themselves or any third party or property.
5.6 If the company or anyone acting on its behalf demands compensation as outlined in section 5.5, the user agrees to fully compensate the company for all expenses incurred because of such a demand. This applies regardless of any other provisions stated above.
6.The Term of the Agreement
6.1 Either party can terminate this agreement at any time before a sale is completed.
6.2 To avoid any doubt, please note that ending the agreement between the company and the user does not cancel the user’s responsibilities towards any products or services purchased from the company before the termination of the agreement. Similarly, the termination of the agreement does not relieve the company from its obligation to pay for any products or services purchased from it before the termination of this agreement.
7.Confidentiality
7.1 The parties declare and undertake that during the term of the agreement and for an unlimited time after its termination, for any reason whatsoever:
7.1.1 They will keep the information confidential, will not use, deliver, or disclose it to any third party, whether directly or indirectly, and will not make any use of the information or permit or allow others to use it, except for the execution of this agreement and/or if the counterparty gives permission to do so in advance.
7.1.2 They will carefully guard the information, will not copy, reproduce, photograph, or publish this information, and will take all reasonable measures so that the information does not reach others, except if the counterparty permits them to do so in advance.
7.2 The parties involved hereby declare and undertake that any customer, supplier, or anyone acting on their behalf who is suspected of collecting business information about the company for unfair competition, causing harm to the company or its reputation, or performing any action that jeopardizes the interests of the company or anyone associated with it, will be immediately removed from the website. Further, legal proceedings will be initiated against such individuals to exhaust the company’s rights against them fully.
8.The assignment of rights and obligations
8.1 The parties are prohibited from transferring their rights or obligations, wholly or partially, to another party under this agreement.
9.Miscellaneous
9.1 This agreement constitutes the entire agreement between the parties and supersedes all prior agreements and representations.
9.2 The user is only entitled to the payment, rights, and benefits that are expressly stated in this agreement. If there are any additional entitlements, they must be agreed upon by both parties, put in writing, and signed by both parties.
9.3 Any changes to this agreement or waiver of a condition must be in writing and signed by both parties to be effective.
9.4 This agreement shall be governed solely by Israeli law, regardless of the user’s location. The exclusive jurisdiction is granted to Israeli courts.