PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACTIONS AS A BROADCASTER ON THE EVIMDEKISES SERVICES.
1. Introduction
Welcome to Evimdekises, a Delaware corporation (“Evimdekises”, “us” or “we”) social network, streaming platform and digital performance platform consisting of Web sites, services, software applications, embeddable players, and syndicated widgets (the “Evimdekises Service”).
This broadcaster agreement (this “Agreement”) for the Evimdekises Service is a legal contract between you, an individual user of at least 18 years of age or a single entity (“you”, “User”, “user” or, collectively, “Users”, “users” or “Broadcasters”), and Evimdekises regarding your use of the Evimdekises Service.
The Evimdekises Service allows certain users called Broadcasters to distribute and display streaming live videos (“Evimdekises Performances”) and to distribute, post and display textual comments (“Broadcaster Comments”) and personally identifiable information commonly known as name and likeness (“Broadcaster Name and Likeness”). Evimdekises Performances, Broadcaster Comments and Broadcaster Name and Likeness, together with all other text, files, images, photos, video, sounds, musical works, works of authorship, applications, preview clips and artwork created from Evimdekises Performances, Broadcaster Comments and Broadcaster Name and Likeness (pursuant to this Agreement) or any other materials submitted, displayed, published, posted or transmitted through or on the Evimdekises Services by Broadcasters are collectively referred to as “Broadcaster Submissions”.
The “Effective Date” of this Agreement is the date on which you agreed to Evimdekises Service’s Terms of Service [https://www.https://evimdekises.com/terms-of-service/ ]. (the “Terms of Service”).
2. Incorporation by Reference
Your use of the Evimdekises Service is subject at all times to this Agreement and the Terms of Service. The Terms of Service are hereby incorporated into this Agreement by reference. For information regarding how Evimdekises collects, uses and discloses your personal information, please see the Evimdekises Privacy Policy [https://www.https://evimdekises.com/privacy-policy/ ].
3. Modification of this Agreement
Evimdekises reserves the right, at its discretion, to change, modify, add, or remove portions of this Agreement at any time by posting amended terms to this Agreement. Evimdekises will notify you when material changes are made to this Agreement. Please check this Agreement periodically for changes. Your continued use of the Evimdekises Service after the posting of changes constitutes your binding acceptance of such changes.
4. Broadcaster License Grant
Although you retain all ownership in your Broadcaster Submissions, you hereby grant Evimdekises a worldwide, perpetual, fully assignable, royalty-free right and license, with the right to sublicense as necessary to perform its obligations hereunder, to do the following.
(i) create preview clips and artwork from your Broadcaster Submissions and make available your preview clips and artwork via the Evimdekises Service to users;
(ii) encode, transcode, compress or convert your Broadcaster Submissions into any format, any bit rate, and using any Codec now known or later developed;
(iii) store your Broadcaster Submissions on one or more servers in order to deliver Streams, display your Broadcaster Submissions to users and for routine archival purposes;
(iv) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses and biographical materials of you and all persons rendering services in connection with your Broadcaster Submissions, in connection with the Evimdekises Services;
(v) edit, reproduce, distribute, publicly perform, stream, display, transfer and host your Broadcaster Submissions; and
(vi) edit and reproduce any musical compositions that may be embodied in the Broadcaster Submissions.
Such rights and licenses will apply to any form, media, or technology now known or hereafter developed.
By distributing or disseminating Broadcaster Submissions through the Evimdekises Service, you hereby grant to each user of the Evimdekises Service that is authorized to access your Broadcaster Submissions a perpetual, personal, non-exclusive license to access and view your Broadcaster Submissions.
Evimdekises will not be obligated to account and pay performance, mechanical or other royalties to you, all such sums being included in the Broadcaster Payment (as described in Article VI below).
In order for Evimdekises you agree that as soon as practical, following your Evimdekises Performances, and in no event later than ten (10) days following any Evimdekises Performance, you shall submit to Evimdekises a list of the songs that you performed during each Evimdekises Performance.
5. The Term
The time period that this Agreement is in effect begins on the Effective Date and continues as long as you continue to use the Evimdekises Service. We can terminate this Agreement at any time by sending you a notice of our intention to terminate.
6. Data and Metrics
Evimdekises is the sole owner of all data it observes or collects during or after the Term as part of providing the Evimdekises Services.
7. Broadcaster Payments
Users pay a fee to use Evimdekises and to view your Evimdekises Performances. Subject to certain per-user minimums and subject to for-charity Evimdekises Performances and limited time trials (in each case based upon the functionality of the Evimdekises Service and incorporated herein).
We will maintain a proceeds account into which we will deposit proceeds derived from your Evimdekises Performances and against which we will debit the Evimdekises Fee payable by you to us (described in the foregoing sentence) and all expenses including, but not limited to broadcast costs, bandwidth costs, royalty payments, software fees, licensing fees, merchant and transaction fees, merchant reserves, returns, chargebacks, overhead and any applicable sales taxes. In consideration of Evimdekises providing its services in connection with the Evimdekises Services, Evimdekises shall have the free right to deduct from the total amount of the proceeds derived from your Evimdekises Performances a fee (the “Evimdekises Fee”). The amount of the Evimdekises Fee is dependent on the Total Gross Revenue from your Evimdekises Performance. Artist agrees to the Evimdekises Fee outlined in this page: https://www.Evimdekises.com/how-to-get-paid
During the Term, within ten (10) business days of your request, we will remit to you the money in your proceeds account, less applicable fees and expenses (as described herein); provided, however, that we will withhold payment until the total amount due to you is at least twenty-five dollars (25.00€). Notwithstanding the foregoing we reserve the right to withhold payment if we in good faith determine that additional documentation is necessary to make the payment (e.g. W-9 or identification). You agree that you will be responsible for all taxes incurred as a result of the Broadcaster Payments.
8. Miscellaneous
The expiration of the Term of this Agreement will not relieve either party from their respective obligations incurred prior to or during the Term. Accordingly, the provisions of this Agreement will continue to apply even after the expiration of the Term.
If we receive a claim that our distribution of your Broadcaster Submissions or any other materials provided or authorized by you violates any third party rights or if a claim arises from your breach or alleged breach of the representations, warranties, and covenants made by you herein, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our licensees and affiliates (and their respective directors, officers, contractors and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) concerning any such claim. Accordingly, you agree to reimburse us and our licensees and our affiliates on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this paragraph. We will use reasonable efforts to promptly notify you of any such claim, and by obtaining, posting and maintaining an adequate bond for our benefit you may assume control of the defense of such claim, provided that we will have the right in all events to participate in the defense thereof. Additionally, you agree to indemnify, defend, and hold us harmless from and against anything including all losses or liabilities (including reasonable attorneys’ fees, costs, and expenses) arising out of any claims by any partner that relates to your withdrawal of your Broadcaster Submissions (such as claims alleging unfair business practices, or price discrimination).
The Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Evimdekises without restriction. Any assignment attempted to be made in violation of this Agreement shall be void. This Agreement will be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
This Agreement will be governed and interpreted in accordance with the internal laws of the German applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws.
Disclaimer of Liability:
READ THE FOLLOWING CAREFULLY AS IT LIMITS OUR LIABILITY.
The Evimdekises Services are provided “AS IS,” without warranties of any kind. We expressly disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. We shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your hardware, software, and business resulting from the Evimdekises Services.
We make no warranty, representation or guaranty as to Evimdekises Services. We make no warranty, representation or guaranty that the Evimdekises Service will be uninterrupted or error free or that any defects can be corrected.
The services are offered by Evimdekises, Amselstraße 15, D-63454 Hanau Please contact@evimdekises.com
