The following Terms of Use outline your obligations when using the Alypo website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.
Grant of Rights
The rights granted hereunder shall include sale of permanent digital downloads, temporary digital downloads, interactive streaming (both tethered and non-tethered). Specific rights may be more fully described on the attached fee schedule. YOU AND COMPANY AGREE THAT COMPANIES LICENSED TO PROVIDE YOUR CONTENTS AS DIGITAL DOWNLOADS MUST BE APPROVED BY YOU. PHYSICAL DISTRIBUTION VIA TRADITIONAL SUCH AS VINYL RECORDS, CASSETTES, CD'S AND DVD'S, IS NOT GRANTED TO COMPANY OR OTHERWISE AFFECTED BY THIS AGREEMENT.
By clicking the "I Agree" button, you ("you") irrevocably grant to Company, throughout the world and during the Term (as defined below), the non-exclusive right:
(a) to sell, copy, share, distribute and otherwise exploit the "Contents" (defined below) by all digital means and media (whether now known or existing in the future) through the BitTorrent protocol; and
(b) use the name(s), photographs and likenesses, artwork images, biographical and other information provided by you or the artists whose performances are embodied on the Contents in connection with the Contents and Company's general business.
Contents
The "Contents" subject to this Agreement are any torrent file (sound and/or audio/visual) that you submit to Company upon your acceptance of this Agreement as well as any other torrent file sound and/or audio/visual that you choose to submit thereafter by giving Company notice and appropriate copies thereof. Company reserves the right to reject any materials (recordings, videos or artwork) that you submit, in its sole discretion. You agree to submit all Contents and artwork, at your sole expense, in the format(s) required.
Payments
(a) Company asks only the payments 1$ per any upload. Once payment has been credited to own Paypal account.
(b) Both $1 payments and payments done among users of published torrent will not be refunded under any circumstance.
(c) Any financial problem experienced with paypal must be communicated to Paypal directly. Alypo does not held any responsibility.
(d) The price of every creativity is decided only author and all of the incomes go to it.
For any transactions, the authors will pay one hundred percent (100%) of "Revenue" (as defined in paragraph 3(e) below). Revenue will be posted to your Paypal account immediatly.
Once payment has been credited to your account, you will be able to withdraw all or any portion at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals.
(e) "Revenue" means Company's actual receipts from others people related to the sale of the Content. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than one year after the date the statement is rendered, and you hereby waive any longer statute of limitations that may be permitted by law.
Warranties; Representations; Indemnities
You warrant and represent that you have the right and authority to enter into this agreement and to grant to Company all rights specified; all of the Contents, including any sampled third party material embodied therein, artwork, metadata, videos and any other materials furnished by you to Company or relating to the Recordings are owned or controlled by you and shall not infringe on the copyrights or other rights of any person or entity; and that Company shall have the right to exploit same in all manner hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity, other than the royalties due to you described in paragraph 3 above. You shall defend and indemnify Company and any of its affiliates (including any directors, members, officers, employees and other representatives) against any third party claims or expenses and losses resulting from breach, or a claim which if true would constitute a breach of the foregoing warranties, including reasonable attorneys' fees and litigation expenses. Company shall give you prompt notice of any claim and you shall defend Company at your expense with counsel approved by Company (which approval shall not be unreasonably withheld). If a claim is made Company shall have the right to withhold payment of any monies due hereunder in an amount reasonably related to the claim and potential expenses. Any settlement of any claim shall be subject to Company's prior written approval.
Term
The Term of this agreement shall be for a period one (1) year commencing on the date hereof. Unless you notify Company via written notice of your desire to terminate the Term thereafter, the Term shall automatically be renewed on a month-to-month basis thereafter. In the event of any such notice of termination, Company shall have ten (10) business days to delete all torrent files.
License
By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be dedicated to the Creative Commons Licenses, available at http://creativecommons.org/licenses. For clarity, the foregoing does not apply to the Content on any external sites to which the Services link.
Confidentiality
The parties acknowledge and agree that in the course of negotiating and transacting business under this agreement each party may become aware of certain otherwise confidential information related to the other's business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, the parties agree to keep such information confidential.
Your Registration Obligations
As a condition to using Services, you are required to register with Alypo and select a password and screen name ("Alypo User ID"). You shall provide Alypo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Alypo account. You may not (i) select or use as a Alypo User ID a name of another person with the intent to impersonate that person; (ii) use as a Alypo User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Alypo User ID a name that is otherwise offensive, vulgar or obscene. Alypo reserves the right to refuse registration of, or cancel a Alypo User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Alypo password.
User Conducts
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Alypo.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other Alypo users;
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- or any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Alypo user;
- to create or submit unwanted email ("Spam") to any other Alypo users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws)
- to submit files or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
Alypo may remove any Content and Alypo accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@alypo.com
You are solely responsible for your interactions with other users of the Site. Alypo reserves the right, but has no obligation, to monitor disputes between you and other users.
Links
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Alypo has no control over such sites and resources, you acknowledge and agree that Alypo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Alypo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Termination
Alypo may terminate or suspend any and all Services and your Alypo account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Alypo account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Miscellaneous
(a) Company cannot guarantee exploitation of the Contents, which will depend on consumer preference. Company may assign its rights under this agreement in whole or in part. You shall notify Company if you assign this agreement. This agreement does not create a partnership or joint venture. This agreement constitutes the entire agreement between you and Company pertaining to its subject matter and may not be changed, waived, discharged or terminated except by an instrument in writing signed by you and Company.
(b) Neither party shall be deemed in breach of this agreement unless the other party has given the breaching party notice, and the breaching party has failed to cure such breach within 30 days after receipt of such notice. In no event shall any breach entitle either party to rescind the rights granted hereunder, but rather the aggrieved party shall only be entitled to damages reasonably related to the breach concerned and no penalty shall be awarded to either party.
(c) This agreement shall be governed by the italian laws which apply to agreements entered into and wholly performed in the Italy and the parties hereby grant to the Just Court of Milan, or the Corte Costituzionale, exclusive jurisdiction to hear any disputes arising therefrom.
(d) You acknowledge that you have read and understand Company's Privacy Policy as more fully described on Company's website, and by signing this agreement have accepted the terms and conditions therein, as same may be amended from time to time.
(e) It is Customer's responsibility to deliver and share all necessary information, torrent, metadata, contents, graphic files or any other information in any required specifications. Customer acknowledges that Company will not be obligated to furnish its services hereunder until receipt of said materials.
(f) Company reserves the right not to provide its services to any customer for any or no reason.
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