Please read the following terms and conditions carefully. These terms and conditions, as well as the copyright policy (the “Copyright Policy”) the Social Platforms Terms of Service (if applicable), and the privacy policy (the “Privacy Policy”) (incorporated herein by this reference and collectively referred to as the “Terms of Service”), govern your access to and use of the ITMusic.in website (the “Site”), including the use of any content, information, products and/or services (the “Services”) therein.
By clicking the “I Agree” button, you acknowledge that you have read, understood, and agree to be bound by following terms and conditions.
Any and all terms and expressions not expressly defined under this Deed shall have the same meaning as ascribed to it under the Copyright Act, 1957, as amended from the time to time. In particular and unless repugnant to the context, the following terms shall have the following meanings for the purpose of this Deed –
"Audio-Visual Songs” and “Audio-Visual Content” shall have the same meaning as attributed to „cinematographic films‟ in the India Copyright Act, 1957 including all amendments thereto and shall include any music videos, film songs, audio-visual clips and any visual recordings containing visual image synchronized with sound recording of songs whether with or without lyrics.
“Catalogue” shall mean all past, present and future Sound Recording and Audio- Visual songs and/or other Audio-Visual content, in all languages whether published or unpublished in which copyright subsists, including derivatives or variations or portions or embodiments thereof, together with associated meta-data, art-work, inlay, images, promotional and ancillary material, which are owned and/or controlled by the User and granted to TRS Music (TRSMusic.in) under this Deed.
“Sound Recordings” shall have the same meaning as attributed to them in the India Copyright Act, 1957, including all amendments hereto.
“Territory” shall mean the territory of the entire world including India where the rights granted under this Deed may be exploited or given effect to.
The User hereby assigns and transfer, for Term and Territory as defined, its below-listed rights in an to its Catalogue for exploitation and monetization on below- listed non-physical moods and mediums (without any limitation as to format or device or style or mechanics or process or method) in favour of TRS Music (TRSMusic.in) and TRS Music (TRSMusic.in) accepts such assignment or transfer.
Mobile Telephony Right- which shall mean and include the right to exploit the Catalogue over mobile based platforms and technologies including but not limited to
Digital Internet and OTT- which shall mean and include the right to exploit the catalogue over all digital platforms, all OTT applications and platforms and devices using any form of internet based technologies including but not limited to
Storage and Mechanical Right- which shall mean and include the right of store embodies, reproduce, and give on commercial rental, the Catalogue foe above purposes;
Formatting Rights- which shall mean and include the right to edit, mix, over-lap and convert the Catalogue for above purposes;
Ancillary Rights in Art-works: The User hereby licenses, for the Term and Territory, the right to use the accompanying art-work, album inlay covers, photos/images/likenesses of associated platforms, artists and creative promotional materials associated with the Catalogue, in favour of IT Music (TRSMusic.in) on a non-exclusive basis.
Rights in Future Mood and Mediums: In relation to any non-physical mobile or digital mood and medium which is not in existence or in commercial use as on date but may be discovered or implemented in future, the User hereby grants an exclusive license to TRS Music (TRSMusic.in) in its Catalogue, for the Term and Territory defined hereinafter, to exploit the same set of rights therein subject to the same set of terms and condition agreed herein between the Parties, for any such Future Mode or Medium. No further notice or documentation is/shall be required for this purpose.
The User shall not include, in the list of Catalogue, works not owned and/or exclusively controlled by them. Member shall not register Catalogue on whose title there is an on-going dispute or legal notice. Member shall not register songs and/or other content belonging to other label/company under a different or disguised name or title.
The User has no right to directly issue instructions to or seek information from or demand/claim any royalty or any other consideration from or raise any dispute upon any licensee of TRS Music (TRSMusic.in).
The User will promptly inform TRS Music (TRSMusic.in) in writing, within 7 days, of any notice of dispute or claim or legal proceeding challenging the title or ownership of any of the songs and/or other content of the Catalogue. In case of any claims or disputes pertaining to the Catalogue, whether between the User and other members of TRS Music (TRSMusic.in) or between a Member and a third party, TRS Music (TRSMusic.in) shall be entitled to keep, in a suspense account/escrow, the related royalty and/or license fee, if any and shall release the same upon the following conditions: (a) satisfactory mutual resolution of the dispute/claim; (b) order of a Court of law or Copyright Board.
The User acknowledges, agrees and assures that TRS Music (TRSMusic.in) does not have to pay or share any fees or revenue to anybody, society or any other third-party whatsoever.
The User acknowledges and agrees that TRS Music (TRSMusic.in) is not liable or expected to entertain or respond to queries, complaints, correspondence, request for information, documentation, copies, etc. from person/manager/director/employee apart from the person who is signing this Deed or any pre-designated person.
The User acknowledges and agrees that for any Copyright issues (by third party) of the composition on the Content/Master or Digicuts, TRS Music (TRSMusic.in) shall not be responsible at all and also the same is not liable to respond to or be involved in any internal disputes or claims between partners, directors, managers, officers, employees etc. of the User.
The User agree that you will not use the Site or Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. You acknowledge and agree that Company may disable access to and/or terminate your account and/or remove or disable access to any Recordings or any associated materials you provide to Company in the event that Company receives any claim.
The User acknowledges and agrees that cover, remake, remix, lo-fi and any kind of versions will not be allowed without prior written permission or rights, if found then user’s account will be terminated with immediate effect and for panalty any further revenue will not be shared with user.
All reports/statements pursuant to the exploitation of the content by TRS Music (TRSMusic.in) through mobile/telecom related digital platforms shall be provided to the User within 90 days from the date of receipt of same from the respective bodies/authorities, telecom operators. All reports/statements pursuant to the exploitation of the content by TRS Music (TRSMusic.in) through all other digital platforms (except mobile/telecom) shall be provided to the User on quarterly basis of each annual period (i.e. January to December) of the Term of this Deed.
The Company will pay to user eighty percent (80%) of Net Income earned by TRS Music (TRSMusic.in), Net Income will be posted to your TRS Music (TRSMusic.in) account, 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.
This Deed shall be effective from the date of account creation / signing up on ITMusic.in the date of execution (“Effective Date”) unless expressly agreed in writing by the Parties and shall continue to be in operation till the User continues to be a member of TRS Music (TRSMusic.in) (“Term”), unless the agreement is terminated earlier between the Parties in accordance with the terms and conditions of this Deed.
Notwithstanding the aforesaid, the User agrees to an irrevocable lock-in period of Five (5) years from the effective date (“Lock in”) during which it will not terminate the agreement at will. Parties agrees that the rights granted under this Deed shall not lapse for any reason, including under section 19(4) of Copyright Act.
The Terms of the Agreement shall automatically renew itself for additional and consecutive Five (5) years’ renewal Term periods until either User gives to Company a written notice termination of the Deed, no later than 60(sixty) days prior to the expiration of the current Term period. On earlier termination/expiry of this Agreement, TRS Music (TRSMusic.in) shall have a self-off period of Ninety (90) days or Three months for removing all the Content from the digital platforms and for collection of publishing royalties.
Either Party shall have the right to terminate this Deed at any time in the event that the other Party (a) becomes insolvent, (b) files a petition in bankruptcy, (c) makes an assignment for the benefit of creditors, or (d) breaches any material representation, obligation or covenant contained herein, unless such breach is cured prospectively, no later than thirty (30) days from the date of receipt of written notice of such breach, or if not able to be so cured, then resolved to the other Party‟s satisfaction, not to be unreasonably withheld.
The User owns or controls the necessary rights in order to make the assignment of rights and permission herein, and TRS Music (TRSMusic.in).‟s exercise of such assigned rights and permissions shall not violate or infringe the patent, copyright or trademark, trade secret, right of privacy, right of publicity or any other intellectual property right of any third party, nor has any claim of such infringement been threatened or arrested, and no such claim is pending against the User.
TRS Music (TRSMusic.in) may authorize Distributors to perform, transmit, and/or otherwise make Preview clips available to subscribers for purposes of allowing such subscribers to evaluate the content and/or for other promotional or marketing purposes.
The User warrants that all warrants material such as (inlay, layout, design, artwork etc) are original works and non-infringing on third parties‟ copyrights, Member agrees to indemnify and keep IT Music (TRSMusic.in) indemnified, during the validity of this Deed, of all claims demands and liability that may be made by any third party for assigned works which include all inlay, design, artwork along with the tracks/sound recordings forming the part of the Content and that TRS Music (TRSMusic.in) shall not be liable for any claims pertaining thereto.
TRS Music (TRSMusic.in) shall not act in any manner which conflicts or interferes with any of its existing commitments or obligations under this Deed. TRS Music (TRSMusic.in) warrants and assures that it will not modify copy, reproduce or create in any manner whatsoever derivatives work of the content provided by Member, except as specially authorized herein.
The User shall indemnify, defend and hold harmless TRS Music (TRSMusic.in) and its distributors and their Affiliates with respect to any Claim that any Company Content or any other materials provided by or on behalf of the User, or any use thereof by TRS Music (TRSMusic.in) or its distributors violates or infringes the rights of another Party.
Enforcement of Rights: Member recognizes that TRS Music (TRSMusic.in) shall be entitled to independently enforcement the rights granted under this Deed, including under Section 18(2) and other applicable provisions of Copyright Act, and may take all steps as may be necessary for the purpose of protecting and safe-guarding the rights granted herein from infringement in any manner whatsoever, including the filling or defending of any litigation or proceeding before a Court or tribunal or police, giving undertakings, settling or withdrawing any actions instituted for this purpose either by or against TRS Music (TRSMusic.in) and generally to take all steps as TRS Music (TRSMusic.in) may deem fit for the purpose of giving substantial and complete effect to these presents, in its own capacity. Member recognizes and grants TRS Music (TRSMusic.in) the sole right to send notices and to initiate or defend legal proceedings for infringements, copyright disputes, money recovery, etc. in its own name, without naming the User as a party to the litigations and proceedings, including for infringements prior to the execution to this Deed but discovered subsequently.
Consequential Damages: Under any circumstance, TRS Music (TRSMusic.in) shall not be liable for any extraordinary special, consequential, indirect, incidental or punitive damages of any kind or character, including but not limited, to loss or profits of revenues, loss of product, loss of use, cost of capital and the like, arising out of or related to any performance under this Deed, including tortuous claims and claims of negligence.
Supersession: The parties agrees that this Deed supersedes all agreements, deeds, documents and understandings executed and subsisting between the parties before the effective date of this Deed.
Waiver: Waiver of a breach shall not operate or be construed as a waiver of any other or subsequent breach of the same or any other provision.
Severability: Should any provisions of this Deed be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Deed shall not be affected or impaired thereby.
Governing Laws and Jurisdiction: This Deed shall be construed in accordance with the laws of India; and parties mutually agree that disputes if any shall be settled only by the Court in Firozpur, Punjab, India which shall have exclusive jurisdiction. Member agrees not to initiate or file any suit or proceeding against TRS Music (TRSMusic.in) in any other forum.
IN WITNESS WHEREOF the User has hereunto set his hands to this writing and TRS Music (TRSMusic.in) has caused its authorized signatory to affix stamp and in witness hereof set his hands to this writing on the day and the year first hereinabove written.
1. Eligibility for Refunds:
Refunds are only available for products that are returned in their original condition within 7 days of purchase.
2. Refund Process:
To request a refund, please contact our customer support team with your order details.
3. Refund Timeframe:
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item and the approval or rejection of your refund. Once approved, refunds will take 7 to be credited into the beneficiary’s bank account.
By clicking the “I Agree” button, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.