ANNEX 1 TO TERMS AND CONDITIONS
This Distribution Agreement governs the relationship between X5 Group A.B. whose registered address is Slussplan 9, 111 30 Stockholm, Sweden (“X5 Music”) and you in respect of the distribution of your Recordings.
X5 Music shall provide all services associated with the distribution of your Recordings including but not limited to the delivery of your Recordings, sales and usage reporting and take down requests. The agreements between Spinnup’s Distribution Partner (or any aggregator that Spinnup’s Distribution Partner has chosen to represent your Recordings e.g. Merlin) and the Music Services shall determine the terms on which your Recordings are sold or made available.
All capitalised terms in this Distribution Agreement shall have the meaning given to them in this Distribution Agreement or the Terms and Conditions.
1. Grant of rights
(a) In consideration of the sums payable to you and the services provided by X5 pursuant to this Distribution Agreement, you grant to X5 Music a non-exclusive, world-wide license to use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit and make available:
(i) the Recordings for distribution through Music Services by means of, without limitation, permanent downloads, temporary and/or conditional downloads, interactive streaming, non-interactive streaming and on so called “cloud” or “locker” services in addition to all promotional;
(ii) any trademarks, service marks or trade names relating to you and the name and likeness of you and the band/artist whose performances are embodied in the Recordings.
(b) You grant to X5 Music all necessary consents under the Copyright, Designs and Patents Act 1988 (‘Act’) and any amendment or re-enactment thereof to enable X5 Music to make the fullest possible use of the Recordings (including without limitation the right to collect all income deriving from the Recordings distributed by X5 Music) in accordance with the provisions of this Distribution Agreement including without limitation any and all consents required under Part II of the Act. For the avoidance of doubt, you will maintain ownership of your copyright at all times.
2. Spinnup Services B.V. right to amend or terminate the Distribution Agreement
Spinnup Services B.V. and X5 Music reserve the right to amend, discontinue or terminate this Distribution Agreement, or to amend this Distribution Agreement at any time without notice. All such amended terms and/or conditions will be effective from the date on which they are posted on the Website (except where local applicable law requires a longer notice period or other requirements). By continuing to use or access the Website and/or Services after we make such amendments, you agree to be bound by the amended terms.
3. Third Party Beneficiary
This Distribution Agreement confers rights and remedies upon Spinnup Services B.V. as set out in section 2. No other person or business entity has any rights or remedies under this Distribution Agreement. Neither you nor X5 Music may amend or terminate this Distribution Agreement without the prior consent of Spinnup Services B.V.