Terms & Conditions

NEPCINE Terms of Use & User Agreement

Effective Date: January 1, 2020

Hello and welcome. NEPCINE provides you access to this website, other websites, online application(s), technology(ies), platform(s) and services (hereafter collectively known as “Site” or “Website”) administered by NEPCINE. The information and other materials available on and through this site and any other services administered by NEPCINE is subject to following Terms and conditions and all applicable laws. Please read these Terms of Use carefully before using the Website. By accessing and browsing our Site, you accept, without limitation or qualification, these terms and conditions. We request you to stop using this “Website” immediately If you do not agree with any of these Terms of Use & Privacy Policies provided by NEPCINE. Your continued use of our “Site” and the use of provided services means you are agreeing to be bound by each of the Terms of USE and our Privacy Policy and constitutes a legally binding contract between you and NEPCINE. NEPCINE reserves the right, in its sole discretion, to modify, alter and/or otherwise update these Terms of Use at any time. By using the Website and any other services from NEPCINE after notice of such changes is posted, You agree to be bound by the modifications, alterations and updates.

1. USE OF THE WEBSITE AND OTHER SERVICES

All content on the Website and on other services, platforms and applications, including, but not limited to written content, images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips (the “content”) is protected by copyrights, trademarks, and other rights. You must not use, reproduce, transmit, distribute, exploit or otherwise use the Content in any way without the prior written approval of the copyright holder.

2. REGISTRATION

1. You agree to provide, maintain and promptly update true, accurate, current and complete information about yourself as prompted by the Site’s registration form
2. NEPCINE reserves the sole and exclusive right to suspend or terminate your account and refuse any and all current or future use of the “Site” with or without providing any reason whatsoever at its discretion under all conditions & circumstances including but not limited to the condition where you provide any information that is untrue, inaccurate, not current or incomplete, or if your content infringe upon any third party’s copyrights and intellectual property rights in anyway or NEPCINE has reasonable grounds to suspect so.
3. Users are required to maintain the confidentiality of the private and personally identifiable information such as their D.O.B., address, email address, company registration number, license no, pin codes, passwords and their account, and are fully and solely responsible for all activities that occur under their account.

3. PRIVACY POLICY AND COOKIES

Personal information or your company information provided or collected through or in connection with this website, platform or technology shall be used in accordance with NEPCINE’s Privacy Policy and these terms or use are subject to the Privacy Policy as posted on this website.

4. COPYRIGHTS AND TRADEMARKS

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and non-registered Trademarks of NEPCINE and others and may not be used in connection with products and/or services that are not pre-authorized by such rights holders. All Trademarks not owned by NEPCINE that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of NEPCINE or their party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. NEPCINE will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution. rights in the content not expressly granted herein are reserved.

The use and registration of NEPCINE is exclusively reserved to our organization. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which NEPCINE name or any name similar thereto or any name which consists of a part of the NEPCINE name forms part nor shall it include any other registered trademark owned by NEPCINE or its subsidiaries and affiliates.

By using this Site, its product and services you provide NEPCINE a non-exclusive rights to use, display, transmit your name, logo, trademarks and other proprietary information in connection to NEPCINE’s promotion and marketing purpose. NEPCINE shall further have the right to use your intellectual property and assets submitted to its sites for any purpose it seems fit without any restriction and obligation.

NEPCINE respects the rights of all copyright holders and has made every effort to secure appropriate clearances for all proprietary intellectual properties. NEPCINE, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who it suspects to be infringers. If you believe any material on the Site, either posted by NEPCINE, our users or any other party, is infringing, please immediately contact NEPCINE at the address below. Pursuant to the Digital Millennium Copyright Act, NEPCINE has a designated agent to receive copyright infringement claims. Please provide the following information to our Copyright Agent.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of Copyright work(s) claimed to have been infringed and a statement of ownership to such work(s).
Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address at which you may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital millennium Copyright Act please contact:
NEPCINE Copyright Department
Email:mail@nepcine.com

5. PROPRIETARY RIGHTS IN THE WEBSITE

As between you and NEPCINE, NEPCINE or its partners, contractors, suppliers, providers owns, solely and exclusively, all rights, title and interest in and the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior permission of NEPCINE or the applicable rights holder. This Site may contain some features that enable you to obtain rights to use certain of the content on the Site. In such situations, your rights to use such content are limited to the rights expressly granted by NEPCINE in such situations. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data, or materials on the Site. If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided above, you may violate copyright and other applicable laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. NEPCINE will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

This website is public by nature and any information submitted on it shall be deemed non-confidential other than personal data submitted by you to us as set forth in the Privacy Policy. You acknowledge that any submitting of any inventions embodied in any content provided by you shall constitute a “Publication” of such invention under applicable patent laws. You acknowledge that any content submitted or discussed on the website may be the subject of patents, copyrights, trademarks and other intellectual property rights of NEPCINE, its subsidiaries, affiliates, partners, contractors, suppliers, providers or clients. If you consider exploiting any ideas, proposals, suggestions, or solutions or other content submitted to the website, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

6. USER CONDUCT AND SUBMISSIONS

You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Although NEPCINE may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, NEPCINE is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.

You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.

You agree to defend, indemnify and hold NEPCINE and its directors, officers, employees, agents or content or service providers (collectively, “Protected Entities”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. NEPCINE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NEPCINE’s defense of such claim.

7. USER INFORMATION

In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the Privacy of such User Information are set forth in the Site’s Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of user information.

8. ROYALTY & MULTI ARTIST ACCOUNT

With NEPCINE record label or Aggregator service, you can create multiple artist profiles. You may also be able to invite other users, both from the NEPCINE platform as well as persons outside of the NEPCINE platform. The invite will be sent to the email address and/or phone number you have provided of the person you want to invite. The person must accept the invite and create an NEPCINE account in order to get access to the artist profile. Some users may require to pay a subscription fee for an access to the certain services and functionality provided by NEPCINE.

NEPCINE may allow you to add and edit royalty splits (subject to service availability) for new and previously released Recordings. Once new royalty splits are submitted, all invited users must accept and confirm the invites before any royalty splits can take effect. Royalty splits submitted will take effect on royalties reported from the same month the splits were confirmed. Should you have submitted royalty splits for a new recording, all royalty splits must be confirmed on the day the Recording is released. Should there be any unconfirmed splits, the unconfirmed split will be reverted and assigned to the user whose account is the owner of the Recording.

9. PRICING

All pricing for NEPCINE services and their payment terms are listed on the Site.

10. ENTERPRISE SUPPORT

NEPCINE provides enterprise support to subscribed Record Labels, Producers and Music Aggregators. It’s important that when you do contact support, you do so in the support form provided, together with all applicable and asked for information NEPCINE needs to help you. This service guarantees a response but not a solution. NEPCINE however is committed to find a solution to your problem as soon as reasonably possible with priority.

11. UNLIMITED BULK UPLOADS

NEPCINE provides Bulk Upload functionality to Record Labels and Music Aggregators. Using this functionality, users can upload as many of the Recordings as they want, without any restrictions in the number of releases.

12. CHANNELS

NEPCINE provides easy and ready access to all the channels/stores listed in the Site in NEPCINE’s and the Store’s sole discretion, and is amended from time to time. Each Channel policy may affect your ability to place your content in such channels. Users are however not required to have their own licensing and distribution deal with such channels or to use the rights management tools provided through NEPCINE Site. NEPCINE assumes no liability for any interruptions, delays, errors or any suspensions of access, reports or payouts, in the stores, neither in whole nor in part. NEPCINE assumes no liability if your Recordings are not made available in a particular Store due to their terms of use.

13. YOUTUBE CONTENT ID & RIGHTS MANAGEMENT TOOLS

With NEPCINE, you are eligible for Youtube Content ID and other rights management tools when such tools are available. This does not, however, mean that you are entitled to access such service and functionality. This is at the sole discretion of such tool providers such as Youtube, Facebook, TikTok and so on and their terms of use. NEPCINE is not liable or responsible if such tool provider finds your Recordings and or content being in violation of their terms.

14. SUBSCRIPTIONS & RENEWALS

When paying for a subscription or other recurring charges, you do so on a monthly or yearly basis, depending on which length of such Subscription or recurring charges you choose. NEPCINE shall provide you the access to the product and services as soon as it receives payments required for such product and services.

Such Subscription or recurring bills will automatically renew, and your chosen method of payment will be charged accordingly, until you either fail to pay such fee or you or NEPCINE terminates or cancels your Account. Should you not renew your Subscription, NEPCINE reserves the right to immediately terminate your access to all products and services that you had access to as a subscriber or NEPCINE.

Users can unsubscribe or cancel the services they have signed up for through Site. When users unsubscribe, they’ll be given an end date to when the NEPCINE tools will be inactivated. Users will have access to tools, features, benefits and channels for as long as users have paid for the Subscription.

15. GOVERNMENT TAXES AND DUES

Parties are further responsible for their own government Taxes and dues. NepCine shall further withheld any government related charges and payments if any as required in accordance to the law of territory.

16. TERM

The term (“Term”) of the NEPCINE Terms of Use will commence from the moment you access the Site, Sign up for Product & Services, or make a payment, or, if you have been invited but not signed up for product & service offering, and continue until terminated or canceled in accordance with the NEPCINE termination clause of Terms of Use.

NEPCINE may, in its sole discretion, at any time during the Term, terminate your Account, services and/or Subscription without any reason and notice to you. NEPCINE further may terminate your Account if NEPCINE deems that any of your Recordings or other content violates the Agreements, including but not limited to, uploading copyright infringed content, engaging in any illegal, forced or fraudulent activity, like manipulated streaming, or if we reasonably believe that the payment was made fraudulently or unlawfully.

If you are using NEPCINE to administer your Sound Recording and related CopyRights, you may at anytime apply to cancel your account with NepCine. Depending with the individual case scenario, NepCine shall then provide you with the timeline and adequate steps for you to take in order to complete the withdrawal process. Each organization’s terms of use, channel terms of use, processes, territorial settings and royalty reporting period may cause a delay in your total and complete withdrawal to which you agree.

If you are signing up for a NEPCINE Publishing service, then the initial term of this agreement shall be of 10 years. This agreement is exclusive and irrevocable for the term defined herein. This account shall automatically renewed after the completion of initial agreement period for a period of five (5) years each time with the terms, conditions, and covenants herein contained in NEPCINE’s terms of use.

17. CONFIDENTIALITY

Users shall keep confidential and not disclose to any third party the terms of this AGREEMENT without the prior written consent of the other, except that: (a) the terms hereof may be disclosed, on a confidential basis, to the respective party employees, attorneys, and accountants; (b) the terms may be disclosed in any discovery proceedings related to the lawsuits filed by or against the disclosing party, provided that commercially reasonable efforts will be made by the disclosing party to require that the terms of the AGREEMENT be maintained as confidential; and © the terms may be disclosed to the extent necessary to comply with any applicable law, court order or inquiry by a taxing authority, provided that commercially reasonable efforts be made by the disclosing party to require that the terms of the AGREEMENT be maintained as confidential.

18. REFUNDS

Users receive the product and services they signed up for. You may therefore only receive a refund of your paid Subscriptions, services if NEPCINE is in direct violation/breach of these Terms of Use. The refund will be processed using the same method of payment you used when making a payment for NEPCINE services. If your Account has been terminated due to your breach of the Agreements, you will not be entitled to a refund.

We are in no way responsible for any third party failures. All sales are final.

19. MOBILE/EMAIL USER INFORMATION

When you enroll in a text or newsletter service offered by NEPCINE, you agree to receive recurring offers and other information via SMS, MMS, Emails and through other services at the contact information you provided during the service registration process. You may be required to respond to an initial message as instructed to complete registration and confirm enrollment. Your mobile carrier or email provider’s standard message and data rates or quota may apply to any messages you send or receive through our Text/email Service, including our confirmations and subsequent texts/emails. Please contact your mobile carrier or email provider for more information regarding your mobile data, messaging and email plan.

20. UNSOLICITED MATERIALS

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by email or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner at our sole discretion. By submitting or sending Submitted Materials to us, you (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exploit and display such material (in whole or in part) and/or incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted material that you provided to us, and we may delete or destroy any such Submitted Material at any time.

21. GRANT OF RIGHTS

User hereby grants, assigns, transfers and delivers to NEPCINE the sole, exclusive, and irrevocable right to administer, control, use, exploit, license, sub-license, re-assign, and otherwise deal the copyrights of submitted masters and compositions to the best business practices generally prevail in the Music Administration, Distribution and Publishing industry in the Universe territory. Such grants includes but not limited to (i) Sole and exclusive rights to license, sub-license, lease and distribute Musical work in various forms including digital and other purposes and to collect all fees and royalties becoming due for them, (ii) Sole and exclusive right to distribute and license Musical work in NepCine owned/partnered B2B streaming and VOD platform, (iii) right to prosecute, defend, collect and settle any third party action or claim relating to the Musical Work and the respective rights of both parties therein, (iv) sole and exclusive right to make and issue other applicable Mechanical, Synchronization, Public Performance, Master Recording, Print, Theatrical, reproduction, and digital performance license and to collect fees and royalties becoming due for them, (v) The sole and exclusive right to make and authorize others to make electrical, transcription, synchronization, dramatic, theatrical, and other commercial uses of the “Musical Work” and to collect fees and royalties becoming due for them, (vi) The sole, exclusive and irrevocable Rights to publicly perform, and to license others to perform, in given territories, in any and all places and in any and all media, now known or which hereafter may be developed, any or all part of all of the “Musical Work” of the “Second Party” and to collect all fees and royalties becoming due for them.

22. ACCOUNT AND PASSWORD

You may be enabled to create an account in the Site (“Account”) using a stand-alone registration or social media logins (“Login”). You shall be entirely responsible for maintaining the strict confidentiality of any username or password administered to you through your Login; for any access to or use of the Site by you or any person or entity using the username or password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent; and for all activities that are conducted through your Account. You agree to (a) ensure that you exit from your Account at the end of each session and (b) immediately notify NEPCINE if you have any reason to believe an unauthorized use of your password or Account or any other breach of security has taken place. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Account, and notify NEPCINE when you desire to cancel your Account on the Site. NEPCINE will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

23. DEMO, FREE TRAILS, SOFTWARE DOWNLOADS

In the event that you receive Site demo, free trial or other software products downloaded from the Site or otherwise delivered or provided by NEPCINE in response to your request, your use of such software, product or service will be subject to the license agreement that accompanies such software, product or services.

24. PAYMENT

Depending on the platform your works are placed, different payment terms may apply. NEPCINE on all normal condition shall furnish the payment to User’s quarterly.

25. ORDERS FOR PRODUCTS AND SERVICES

We may make certain products available to visitors and registrants of the Site. For example, you may be able to order certain music-related products and/or licenses through the Site. You may only do so if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to NEPCINE. You also agree to pay all applicable taxes, dues, duties, and VAT. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

26. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITIES

Users acknowledge that use of NEPCINE Site, technologies and platforms is at User’s sole risk. The information, services, and features provided in the site doesn’t come with any kind of remedies and warranties. Users assume all the responsibility and risk arising from the use of this site and any site-related materials and services. NEPCINE or its subsidiaries, affiliates, partners, contractors, providers, agents, licensors, suppliers and any other third party is not in any given time and circumstances responsible and liable for any direct, indirect, consequential, punitive, special or incidental or other damages and loss arising out of or in connection with the access, use of, or inability to access or use this Site.

All content and information (including, without limitation to text, images, graphics, links and other materials) on the website and platform is provided “as is” and “as available”. NEPCINE and its subsidiaries, affiliates, partners, contractors, providers, agents, licensors, and suppliers hereby expressly disclaim any representations and warranties of any kind, express or implied including warranties of merchantability, fitness or any particular purpose, non-infringement, or as to the operation of this website, the content. Neither NEPCINE nor any third party warrants or makes any representation that (a) the “Website” will meet your requirements, (b) the “Website” will be uninterrupted, timely, secure, or error and virus free or (c) the results that may be obtained from the use of the “Website”(including any information and materials on this website) will be correct, complete, accurate, reliable, or otherwise meet your requirements. You should have no expectation of confidentiality with respect to any content you may submit on this website.

27. INDEMNITY

You irrevocably agree to indemnify, defend and hold harmless NEPCINE, Content Providers, and their respective directors, officers, shareholders, employees, agents, successors, licensees, distributors, affiliates and assigns from and against any and all third party claims, demands, liabilities, costs and or expenses, including attorney’s fees, arising out of or in connection with, the submitted materials you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another party.

28. THIRD PARTY SITE

NEPCINE may, from time to time, provide links and pointers to internet sites maintained by third parties. NEPCINE does not operate or control in any respect any information, products or services on these sites and is not responsible for the accuracy or reliability of such sites.

29. WAIVER

Any delay or failure on the part of NEPCINE to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.

30. STATUTE OF LIMITATIONS

You agree that regardless of any statute of law to the contrary, any claims or cause of action, arising out of or related to, use of this Site or these Terms of Use must be filed in a court of applicable jurisdiction within one year after such claim or cause of action arose or be forever barred.

31. NOTICES

Any Notices which either party desires or is required to give to the other shall be in writing, electronically delivered, sent postage prepaid, certified or registered mail, return receipt requested, and shall be addressed in the addresses of the parties in the beginning of the Agreement. The date of mailing shall be the date of the giving of notice.

32. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if and to the extent that such failure or delay is caused by a Force Majeure event. A Force Majeure event means, in relation to either party, any event or circumstance beyond the reasonable control of that party including act of God, fire, explosion, flood, epidemic, pandemic, disease outbreaks, power failure, governmental actions, war or threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, labor disputes and strikes (other than in respect of the workforce of the party affected). A party affected by the Force Majeure (the “Affected Party”) shall immediately notify the other party (“Non-Affected Party”) in writing of the event, giving sufficient details thereof and the likely duration of the delay. The Affected Party shall use all commercially reasonable efforts to recommence performance of its obligations under this Agreement as soon as reasonably possible.

33. TERMINATION

Users may at any time apply to terminate their account with NEPCINE.

Should NEPCINE detect fraud or any unlawful behavior in regards to your payment, or the payment method, NEPCINE reserves the right to, in its sole discretion, immediately terminate your account and permanently ban you from accessing the NEPCINE site and services offered.

NEPCINE also reserves the right, in its sole discretion, to determine if you, your use of Services or your Musical work have breached any section of the Agreements. If we find that a breach has occurred, we take such and any action we deem appropriate. We might, but not limited to, temporarily or permanently disable or block your Account and remove any and all Musical Works and/or material uploaded through our services, withhold any royalties attributable as well as freeze your Account, without notifying you. Should your Account be frozen, NEPCINE will cancel your Subscription and use of the Site immediately and no renewal fee will be withdrawn from you. You will, however, be able to log in to your NEPCINE Account and access information about streams and royalties accrued, as well as make payouts.

34. ROYALTY SHARING, PAYMENT TERMS & TAXES

NepCine for the service provided herein must be entitled to 10% of gross royalty payment that are derived from the distribution and sale of contents through the NepCine provided technology and systems.

35. ENTIRE AGREEMENT; MODIFICATION AND TERMINATION

NEPCINE reserves the exclusive right to modify, withdraw, amend, update, suspend, continue or discontinue, temporarily or permanently, at any time and from time to time any materials, informations, provided services & benefits, content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice at NEPCINE’s sole discretion. You agree that NEPCINE shall not be liable to you or to any third party for any loss whatsoever arising out of such modification, suspension or discontinuance of the Site. By continuing to access or use the website, technology, platform and its services after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. NEPCINE further reserves the full and sole right to restrict, refuse or terminate access of any person or company to the website & platform or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

NEPCINE reserves the right to change or modify these Terms of Use at any time. Any change or modification made by NEPCINE will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by NEPCINE. You should therefore periodically visit this page to review the most recent Terms of Use.

By clicking the “I agree to NEPCINE’s terms and conditions’ checkbox I represent and acknowledge that:

1. I have read, understood, and consented to the disclosures above, and I agree to enter into a legally binding contract based on the above terms and conditions.
2. I intent this act to be my legal signature to this AGREEMENT

If you have any questions, please contact NEPCINE online at www.nepcine.com.