Nex Artist - Terms and Conditions

These Terms were updated on 9th September 2024

Introduction

The Site is operated by Nex Artist Limited trading as Nex Artist (“Nex”) (we, us and our). We are a limited company registered in the United Kingdom. Our registered company number is 13093536, and our registered office is at Marsland Chambers, 1a Marsland Road, Sale, England, M33 3HP.

Nex Artist is a web application and a mobile application music platform. The web application enables music artists to upload their tracks (Artists), and the mobile application enables users to listen to tracks via their devices by streaming (Listeners). Both Artists and Listeners register an account. Registered accounts can be used for accessing both the web application (as an Artist), and on the mobile app (as a Listener). In addition to creating an account with an email address and password, Google accounts can instead be used to authenticate on the platform. Signing up with a Google account negates the requirement to verify the user's email address.

Artists on the web application and Listeners on the mobile application use the platform with a limited qualified licence set out in the terms and conditions (together referred to as “users/you”).

Part of these terms and conditions is specific to artists on the web application at https://nexartist.app and part is specific to Listeners on the mobile application.

These terms and conditions also apply to any other websites or applications through which Nex Artist makes its online platform and applications for mobile, tablet and other smart devices and application program interfaces available (collectively, the "Applications") through the application and online website (collectively, the "Site").

These terms apply to the use of the Applications and the service through the Applications. These terms control any terms which may be imposed by either iOS or the Android platform and any other application distribution platform for the use of the Applications and/or the service through an app. Anywhere in the terms where the word Site is used shall also include the word app and vice versa. A User's use of any app will terminate at the same time as the use of the services to which the app relates.

Please print a copy of these terms for future reference.

Any personal information submitted to or through the Site is governed by our Website Privacy and Cookies Policy.

We reserve the right to change these terms from time to time, if it’s a minor change such as changes in the law or our arrangements with third parties, then, Users are responsible for checking the current terms on the site by checking the version and date on which they were last modified which will be shown at the beginning of these terms. If a fundamental change significantly alters the services, we will notify Users individually.

The service acts as a mere conduit. We do not initiate, modify, or select the receiver of any transmission through the service. We are not liable for any third-party content and the UK Contract (Rights of Third Parties) Act 1999 and any other analogous law worldwide does not apply to the service.

Please do not use the service if you have not read and understood these terms and conditions. By registering an account on the Applications you have executed a binding contract with us (the “Agreement”).

The email contact for legal matters is: [email protected]

For routine matters, the administrative contact is: [email protected]

Definitions

"NexArtistContent" includes but is not limited to all samples, loops, digital musical sound recordings ("Digital Content"), stored in audio or/and visual file format, textual and other content and materials provided by Users hereunder for incorporation with the Site to be made available for streaming. NexArtistContent shall also include the names, logos, and related trademarks and service marks of Nex Artist Limited.
"NexArtistSoftware" means all rights and property in any algorithms, concepts, system architectures, embedded scripts, functions, procedures, objects, components, packages, applets, programs, source code (not including HTML text), and object code in the Site.
"Digital Tracks" means the digital musical sound recording in audio digital format.
"Subscription Fee" means the price at which the User purchases the right to stream digital musical sound recordings or/and any other NexArtistContent under a limited qualified licence based on subscription tiers as set out in these terms and conditions.
“Territories” means Andorra, Australia, New Zealand, Canada, Spain, France, Germany, Belgium, Luxembourg, Netherlands, Isle of Man, Ireland, Greece, Italy, Portugal, Switzerland, Austria, Croatia, Gibraltar, Guernsey, Jersey, the United Kingdom and the United States of America only.
"User/Customer" means any person or entity accessing or having access to the Site through the Internet including a person or entity that subscribes to either upload or listen to or upload and listen to digital musical sound recordings or any other NexArtistContent.

Licence and Site Access

Nex Artist grants you a personal, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site and to use the object code of the site on a single computer, subject to the following terms and conditions:
(a) You do not, and do not allow any third party to, copy, modify, create a derivative work from, or attempt to transfer any right in the software for the Site; and
(b) You do not download (other than page caching) or modify the Site or any portion of it, without Nex Artist's express written consent; and
(c) You do not download (other than page caching), modify or exercise any other exclusive right to any Materials posted on the Site, without a written license from the owner(s) of such Materials.

How to Sign Up

Artists can sign up on the web application registration page (https://nexartist.app/signup), which must be accessed from a web browser and requires an internet connection to use. If they choose to sign up with an email and password, they will be required to complete the sign-up form; email address, and password, confirm the password, agree to the terms and conditions, and optionally agree to receive marketing emails. Once validation succeeds, the user will receive a verification email containing a unique URL link, which they can click to activate their account. Alternatively, if they choose to sign up with a Google account, they will be required to specify which account to authenticate with and enter the relevant credentials. On the first login, the Artist will be guided on completing their profile with a series of setup pages and finishing on the subscription page where they must select from the available tiers. All paying subscription transactions will be securely processed via Stripe on their website before redirecting the user back to the Nex Artist web application. Artists can amend their subscription settings at any time on the profile page.

Listeners can sign up on the mobile application registration page. The mobile application must be downloaded from either the Google Play Store or Apple App Store (depending on device compatibility). If they choose to sign up with an email and password, they will be required to complete the sign-up form; email address, password, confirm password, agree to the terms and conditions, and optionally agree to receive marketing emails. Alternatively, if they choose to sign up with a Google or Apple account, they will be required to specify which account to authenticate with and enter the relevant credentials. On first login, the Listener will be shown the in-app tutorial and guided through various features.

How it Works

The Nex Artist platform consists of a web application and a mobile application. Both apps serve to provide different functions for music artists or listeners and can be used free of charge (paid subscription tiers are available for artists).

On the web application, artists can manage their profile information and tracks which are presented to listeners on the mobile application. Through the profile page on the web application, artists can also amend their subscription settings and view previous invoices linked to their account. If their subscription tier is updated, artists will receive a confirmation email and the new tier limits will be enforced immediately. Artists can also view profile statistics on the web application to analyse their performance on the mobile application.
On the mobile application, listeners can use the search page to discover music artists by specifying criteria such as artist country, track genre and track BPM. The search function will return any artist matches and auto-play the tracks on their profile. Using swipe and touch gestures, the listener can perform play/pause/next/previous actions on the artist’s tracks, in addition to performing an impression action (swiping left on the artist to ‘dislike’ or swiping right on the artist to ‘like’), which contributes to the artist’s daily impressions quota as defined by their subscription tier. When an artist has been ‘disliked’ they will no longer show in future search results for that listener. Conversely, when an artist has been ‘liked’, they will appear in the listener’s artist collection, where they can replay the artist’s tracks, view full streaming links, and access links to the artist’s social media pages. Artist can also manage their profile information, tracks, and events directly on the mobile application.

You upload tracks on the site, subject to our Artist Distribution Agreement under Schedule 1 to this Agreement which an artist must accept before uploading tracks on the Site. We identify how much of each track has been streamed to provide Artists with useful statistical information on the performance of their tracks.
You shall retain full ownership and copyright of any and all tracks you submit to Nex Artist, at all times, subject only to the rights and licenses you grant to Nex Artist pursuant to this Agreement or any other applicable agreement. Without limiting any other provisions of this Agreement: you authorise and direct us to make and retain such copies of your Tracks as we deem necessary in order to facilitate the storage, use and display of such Tracks in accordance with our terms for streaming access.
This license expressly excludes any resale or commercial use of the Site or its contents; any collection or use of any track listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any merchant; and any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Nex Artist’s express written consent.

Payment, Taxes and Refund Policy

You acknowledge and agree that you will pay the subscription price for the service you purchase through the Site and that Nex Artist Limited may charge your payment method for the advertised price.
Your total price will include local sales tax.
Your Tracks are 100% licensed to Nex Artist Limited for the purpose of allowing User streaming on the Nex Artist Mobile App.
We can see if a Track has been streamed to your device. We can only identify how much of a track has been streamed by users on the mobile app.
The Consumer Protection (Distance Selling) Regulations 2000, Statutory Instrument 2000/2334 as amended by the Consumer Protection (Distance Selling) (Amendment) Regulation 2005 ("Regulations") set out the circumstances under which we must legally refund your payment for a subscription. We shall use the Regulations as the benchmark for our refund policy throughout all the Territories.
The Regulations state that your right to cancel an order starts the moment you place your order and doesn’t end until seven working days from the day after you receive your goods.
However, there are some goods such as software and digital music files that you can't return if you simply change your mind.
Where the artists have uploaded more tracks than their previous subscription tier limit or their daily impressions exceeds their previous subscription tier limit (proving that they are making use of their new subscription tier). If neither of these has been exceeded, then a refund can be offered.
Cancellation requests should be sent to [email protected] with the subject header "cancellation request".

Copyright and all other intellectual property rights in the Site shall always remain the property of Nex Artist and the User shall acquire no rights in the Site.
The Site, which belongs to Nex Artist Limited, and its design, logo, structure, organisation and code are valuable copyright and/or trade secrets of Nex Artist Limited. You may not copy, modify, adapt, or translate the Site. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the NexArtistSoftware, except and only to the extent that such activity is expressly permitted by applicable laws in the Territories notwithstanding this limitation.
If applicable law permits such activities, any information discovered pursuant to the activity prohibited under clause 4.3, must be promptly disclosed to Nex Artist Limited and shall be deemed to be the confidential proprietary information of Nex Artist Limited.
If, despite not being permitted by Nex Artist Limited, the User should wrongfully and unlawfully gain access to the source code and then copy, modify, alter, improve, or otherwise enhance the Site, all rights and property in such modification shall belong to Nex Artist Limited and the User shall promptly take such other steps as Nex Artist Limited may reasonably require, at the expense of the User, to perfect the vesting of rights and property in such modification in Nex Artist Limited. This clause does not limit any of the legal remedies available to Nex Artist Limited including injunctions and damages.
In addition to the remedies available under the laws in the Territories, the User shall indemnify Nex Artist Limited against all actions, claims, demands, costs, charges, and expenses finally awarded as a result of the infringement of copyright in respect of the Site.
The User shall give prompt notice to Nex Artist Limited if the User becomes aware of any unauthorised use or exploitation of the whole or any part of the Site by any person or body.

Removal of Material for Which Copyright Infringement is Claimed Digital Millennium Copyright Act
We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a Copyright Owner to give notification to us concerning alleged copyright infringement. When an effective DMCA notice is received, we will respond under this process by removing the offending content from the Site. On taking down the content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the DMCA Notice provider that a legal action has been filed seeking a Court order to restrain the alleged infringer from engaging in the infringing activity. If we believe that a user or account holder is continually abusing the DMCA process, either with filings that are without basis or by continually uploading content that is the subject of valid DMCA notifications, it is our policy that under these and other appropriate circumstances, we may exercise our right to terminate the abusing party's account. Our privacy policy does not protect any information contained in any DMCA Counter-notification.

To file a DMCA Notice. If you are Copyright Owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending the following information in writing to [email protected]:

A. A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
B. Clearly identify the copyrighted work claimed to have been infringed. If it is a music sample please provide the name of the song, the artist, the publisher, and record label. If multiple copyrighted works please provide a representative list of such works, and in the case of music samples, details as set out above
C. Clearly identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material. For example, do you own the song or have rights to performance of the song?
D. Please provide us with your name, address, telephone number and if possible, your electronic mail address.
E. Please state that you believe that use of the material in the manner complained of is not authorised by the Copyright Owner, its agent, or the law.
F. Please state that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nex Artist Limited’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Email: [email protected]
For clarity, only DMCA notices should go to Nex Artist Limited’s Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Your rights to the Tracks you stream

If you purchase one of our tier-based subscriptions to upload or listen or upload and listen to Tracks files from the site, you agree to use any Tracks streamed in compliance with the following rules:

(i) Your use of the Track(s) is conditioned upon your prior acceptance of these Terms and Conditions;
(ii) You have a non-exclusive non-transferable licence to stream the Track to a mobile device;
(iii) You are authorised to use the Track(s) only for personal, non-commercial use;
(iv) You may not combine Track(s) with any video or image file to create a multimedia work;
(v) You may not use Track(s) as a musical "ringer" in connection with a phone or phone calls;
(vi) The stream and copy of a Track(s) does not transfer to you any commercial or promotional use rights in the Track(s); and
(vi) You agree that your stream and copy of Track(s) constitutes your acceptance of and agreement to the Terms and Conditions and specifically the rules set out in this clause 6, further that any unauthorised use of the Track(s) other than in accordance with these Terms and Conditions and this clause may constitute a copyright infringement for which you may be pursued for damages and costs. Further that you might be liable to criminal prosecution.

What are our reliability levels?

The unpredictability of the Internet is such that Nex Artist Ltd cannot guarantee access to its Services at all times. Nex Artist Limited is not liable for any direct, indirect, incidental, special or consequential damages relating to any pranks, hoaxes, viruses, bugs or any other form of technological failure, natural disaster, pandemics, or security breach that may prevent or interrupt access to or use of the Services. Your Internet speed and Internet Browser type, version, and security settings may adversely impact your experience and functionality of the Services. Email settings for spam filtering and email box routing both at the user and email provider level may also adversely impact or block the delivery of important information from Nex Artist Ltd to you.
What is our policy on acceptable Use of the Service?

You will be responsible for all activities using the Service including keeping access to your account secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. We also reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
Our general policy

When we have credible evidence that you are using the Service for a suspected illegal activity we may suspend your account while we investigate the report. Once the investigation has been carried out, we may either restore the account or close down the account. You shall not be entitled to a refund if your account is closed because it is being used for illegal activity.

Situations in which we will consider suspending your account: are when we receive notification from the police that the account is being used for criminal activity; we become aware of facts that indicate credibly that the account is being used for criminal activity; we receive an allegation with credible supporting information and evidence that the account is being used for criminal activity; we receive multiple allegations from separate parties that the account is being used for criminal activity; the account is listed on our Phishing feed.
Users or any third party may report any user for the following violations of these terms and conditions:

- Duplicate Artist

- Impersonation

- Intellectual Property Violation

- Scam or Fraud

- Incorrect Genre

- Nudity

If a User or any third party should have a complaint or wish to make a report of our Service being used for any illegal activity then they may do so by writing to us at the Company's address shown in the preamble to these terms of use or by sending an email to [email protected].

Our policy on liability

We shall not be liable for any indirect or consequential damages either to you or to third parties arising out of your use of the Service For the avoidance of doubt, the following shall be considered a non-exhaustive list of indirect losses, damages, claims, costs, charges and expenses (i) costs of recreating or reloading any of your information that is lost or damaged, provided; (ii) costs of implementing a workaround in respect to a failure to provide all or a portion of the Service or any part thereof; (iii) costs of replacing lost or damaged equipment, software and materials; and (iv) costs and expenses incurred by you due to failure of the Service for any reason whatsoever.
If we are liable in any case for such damages then our total liability in connection with the Service shall be limited to the total payment received by you.
We agree that despite any limitation or exclusion of liability agreed to in these terms of use, any such limitation or exclusion shall only apply if and to the extent such exclusion is permissible under the applicable law.

MISCELLANIOUS

Force Majeure
Neither Party shall be liable to the other Party for any delay or failure to perform obligations under this Agreement to the extent the delay or failure is due in whole or in part to any acts of God such as fire, explosion, flood and storm, or to war, civil disturbance, governmental action, embargo, failure of power or any other similar cause beyond the reasonable control of a Party (herein referred to as “Force Majeure”).
Indemnification for Infringement of Third Party Rights.
You hereby expressly agree to indemnify, defend and hold us harmless at your own cost from and against any and all damages, losses, demands, fees, and costs including without limitation reasonable solicitors or attorneys’ fees and other consultants’ fees or costs and any other expenses to the extent resulting from any claims, suits or proceedings brought against us by any third party that alleges that your use of the Service (i) infringes any Intellectual Property rights, or (ii) causes any death or personal injury to third parties, or (iii) violates the obligations with respect to third party Confidential Information and/or Personal Data Protection of third parties.

Jurisdiction.
The Parties expressly and irrevocably agree that this Agreement and the relationship of the Parties shall be governed by and construed solely in accordance with English law. In addition, the Parties expressly and irrevocably agree that any dispute, suit, action or proceedings, which may arise out of, or in connection with, this Agreement shall be submitted to any court that has the closest nexus to the location where the obligation to perform the Service either took place or was anticipated to take place. The Parties may assert forum non-conveniens.
Invalidity of Provisions.
If any of the provisions of this Agreement are held to be illegal, invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect insofar as the purpose of this Agreement is not destroyed by the invalidity or illegality.
Independent Contractor.
The relationship of the Parties established by this Agreement is that of independent contractors. Nothing contained in this Agreement shall be construed to give either Party the power to direct or control the day-to-day activities of the other or to constitute the Parties as partners, joint venturers, co-owners or otherwise as participants in a joint or common undertaking.
Dispute Resolution

The Parties wish to resolve disputes arising under this Agreement expeditiously, amicably, and at the level within each party's organization that is most knowledgeable about the disputed issue. The Parties understand and agree that the procedures outlined are not intended to supplant the routine handling of inquiries and complaints through informal contact with customer service representatives or other designated personnel of the Parties. Accordingly, for purposes of these procedures, a "dispute" is a disagreement that the parties have been unable to resolve by the normal and routine channels ordinarily used for such matters. Before any dispute arising under this Agreement, may be submitted to alternative dispute resolution or/and litigation, you will first follow the informal and escalating procedures set forth below. The foregoing notwithstanding, either Party may commence litigation at any time in good faith.
You will notify us in writing of the dispute. We agree to exercise good faith efforts to resolve the matter expeditiously.
If the matter in dispute remains unresolved more than ten (10) days following the delivery of the written notice, a senior representative of each party will participate in an in-person meeting or telephone conference call to resolve the matter within ten (10) days of a request by a party for such meeting or conference call.

Arbitration.
The Parties acknowledge that they may elect to first attempt resolving any controversy or claim to arise out of or relating to this Agreement, or the breach thereof, by alternative dispute resolution including arbitration. The forum's jurisdiction shall be such forum with the closest nexus to the location where the obligation to perform the Service either took place or was anticipated to occur. The Parties agree that the award of the arbitrator in any arbitration proceeding shall be final and may be enforced in any court of competent jurisdiction. The Parties acknowledge that they may elect to agree (but are not in any manner obligated to agree) among themselves to use mediation to resolve one or more of such disagreements. Mediation proceedings shall not be admissible in any subsequent litigation proceedings.
Titles and Headings.
Titles and headings to articles, sections, or paragraphs in this Agreement are inserted for convenience of reference only and are not intended to affect the interpretation or construction of this Agreement.
Severability.
The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable.
Entire Agreement.
This Agreement and its Schedules constitute the entire agreement of the Parties hereto with respect to the subject matter hereof and all prior or contemporaneous agreements not expressly contained in this Agreement are hereby superseded.

SCHEDULE ONE

Digital Distribution Agreement

Nex Artist makes digital recordings available for streaming through its Web Application at https://nexartist.app and Mobile Application.

The Parties
This Digital Distribution Agreement ("Agreement") is made by and between:
(1) Nex Artist Limited trading as Nex Artist (“Nex”) (we, us and our), a limited company registered in the United Kingdom. Our registered company number is 13093536, and our registered office is at Marsland Chambers, 1a Marsland Road, Sale, England, M33 3HP.
and
(2) Music Artist uploading music to the Web Application or Mobile Application (you) (the “Artist”)
together known as the Parties.
The Recitals
Nex Artists makes digital recordings available for streaming through its Web Application at https://nexartist.app (the "Nex Artist Web Application”) and Mobile Application.
Whereas wish to exclusively licence to Nex Artist certain works on the terms and conditions in this Agreement.
Whereas Nex Artist desires to enter into this Agreement to have the exclusive right, but not the obligation, to distribute the Material (defined below) on the terms and conditions in this Agreement via the Nex Artist Web Application and Mobile Application.
Territory
(a) The territory of this Agreement shall be Andorra, Australia, New Zealand, Canada, Spain, France, Germany, Belgium, Luxembourg, Netherlands, Isle of Man, Ireland, Greece, Italy, Portugal, Switzerland, Austria, Croatia, Gibraltar, Guernsey, Jersey, the United Kingdom and the United States of America (the "Territory"):
(b) Nex Artist reserves the right to remove or add to the list of countries within the Territory of this agreement at any time.
(c) This Agreement shall commence at the point you upload your Track(s) and will endure for an indefinite period thereafter, on the same terms and conditions as set out in this Agreement, until terminated by either Party by removal of the Track from the Site.
Licensed Recordings
(a) During the Term you will grant us an exclusive licence to distribute your digital musical sound recordings ("Tracks"), including photos and videotape footage, stored in any audio, visual, or photographic format, whether now known or hereafter devised (together known as the "Material").
(b) Nex Artist shall have all ancillary rights, but not the obligation, as is customary and reasonable necessary to fully exercise our right to distribute the Material including, without limitation, the right (on an exclusive basis) to use your name, approved likeness, approved photographs and approved biography solely in connection with the exploitation of the Material.
(c) Nex Artist does not warrant and shall not be held responsible if the Nex Artist Web Application or Mobile Application does not make any Material available on demand for any technical reason;
(d) Nex Artist neither warrants nor represents that the Material does not include any viruses, corrupted or harmful software elements;
(e) The Material will not be automatically approved. Each Track will be screened for quality and may be rejected at the sole discretion of Nex Artist;
(f) Nex Artist may remove the Material from the Nex Artist Web Application and Mobile Application at any time;
(g) You may remove the Material from the Nex Artist Web Application and Mobile Application at any time;
(h) Nex Artist will remove the Material from the Nex Artist Web Application and Mobile Application but does not under any circumstances guarantee or warrant that it will remove the Material from the Internet; and
(i) You accept and understand that Nex Artist is not responsible for illegal copies of the Material on the Internet before, during and after the termination of this Agreement.
Ownership
You hereby grant Nex Artist an exclusive copyright license to distribute the Material in Andorra, Australia, New Zealand, Canada, Spain, France, Germany, Belgium, Luxembourg, Netherlands, Isle of Man, Ireland, Greece, Italy, Portugal, Switzerland, Austria, Croatia, Gibraltar, Guernsey, Jersey, the United Kingdom and the United States of America ("the Territory"). Without limiting the generality of the foregoing, we shall, subject to the terms of this Agreement, have the exclusive license to exploit the Material (in accordance with the other terms of this Agreement) via the internet throughout the Territory for the full period of copyright and free from any adverse claim by you or any other party. You hereby agree to waive any and all so-called moral rights you have in and to the Material and you agree that neither you nor any third party shall make any claim against us or our licensees based on moral rights.
You hereby grant to Nex Artist for the Term the following exclusive rights to be exercised in the Territory:
(a) to distribute and otherwise make available for streaming the Material in whatsoever digital format, now or hereinafter known, on any Internet-enabled device whatsoever including mobile, PDA, PC, MAC either individually or simultaneously, within the Territory, through the Nex Artist Web Application and Mobile Application.
(b) the grant of rights shall include all rights in the Tracks necessary for Nex Artist to make the Material available for streaming free from any adverse claim by you or any third party in accordance with this Agreement.
You warrant and confirm that:
(a) You have the right and power to enter into and fully perform this Agreement and that Nex Artist shall be entitled to make use of your name and image in connection with the material;
(b) You hereby confirm that you have received independent legal advice in relation to the meaning and effect of this Agreement;
(c) You shall not assign or transfer any of your obligations hereunder; and
(d) You hereby fully indemnify Nex Artist and agree to hold Nex Artist harmless from and against any and all liability arising from any third-party claim arising in connection with the breach or alleged breach by you of any obligation, warranty or representation on your part herein contained provided that such claim is reduced to a final non-appealable judgement by a court of competent jurisdiction or is settled with your written consent (not to be unreasonably withheld or delayed).
Miscellaneous
(a) Each notice to be given hereunder shall be in writing and shall be sent by email or via the online contact form.
(b) Nex Artist may assign this Agreement provided that it shall be a condition of such assignment that the assignee enters into a direct written covenant with you for the performance of Nex Artist’s obligations hereunder until such time Nex Artist shall remain primarily liable to you for the performance of those obligations.
(c) The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Jurisdiction
This Agreement will be construed in accordance with the laws of England whose courts shall have exclusive jurisdiction.