By accessing or using the services , provided by AVPL (Audio-Video Performance License), ( referred herein as AVPL/ Content Owner / Affiliate ) including but not limited to the website, licensing services, and royalty collection system (collectively referred to as “Services”) by you, as a user of the platform (referred to as “User” and / or “Licensee” ), agree to be bound by these Terms and Conditions of AVPL . These Terms constitute a legally binding agreement between AVPL (Affiliate) and the User / Licensee.

1. Introduction

AVPL committed for socioeconomic benevolence and for empowerment to Intellectual Property Producers for royalty collections and distributions thereof through an entity referred herein as ( “Affiliate / Company / Content Owner ”) specialising in public performance rights licensing and management for audiovisual contents , as one of its principal object.

2. Definitions

• “AVPL/ Content Owner”refers to issuance of Audio-Video Performance License by the affiliate and its website development with all associated services in connection thereto.

• “Assignor”refers to any individual or legal entity holding public performance rights of audiovisual works, including but not limited to producers of Cinematograph films, music albums, web series, and such other  related contents, who have assigned the public performance rights to AVPL / Content Owner to be utilised by the “User”.

• “Public Performance Rights”refers to the right to perform or display audiovisual works in public places as defined in communication to the public u/s 2(ff) of the Copyright Act, 1957 read with related international treaties., if any, for worldwide monetisation by affiliate.

• “Licensee”refers to any individual or entities ( also referred as “User” that acquires a license from AVPL /  affiliate for the public performance of audiovisual works.

• “Royalty”refers to any payments collected from Licensees by AVPL affiliate for commercial utilisations of public performance of Audio – Visual 

3. Registration Criteria

• User means , an individual who uses this website and must be of legal age.

• User must provide accurate and up-to-date information or any legal documents , asked for , if any , during the registration process.

• Affiliate reserves the right to approve, reject, or terminate any registration at its discretion.

4. Scope of Services

• Affiliate engages the following services :

  • facilitates the issuance of public performance licenses to user Licensees for audiovisual works owned by the affiliate on assignments from assignor.

  • Royalty Collection: Affiliate collects royalties from Licensees / User for the use of audio visual works in public places of the user.

  • Royalty Distribution: affiliate distributes collected royalties to assignor based on the usage and licensing of their works by the user read with consideration clause and stipulation thereof confirmed while executing the assignment agreement between affiliate and the assignor.

5. Assignment Agreements

• Assignor shall enter into a formal assignment agreement with affiliate for the benefit of the User, which shall ;

  • Outline the scope of the assignment, including the permitted uses by the user , geographical limitations, and duration.

  • Specify the royalty payment from user as perthe agreed consideration clause which may be updated periodically, subject to final approval of the Board of Directors of affiliate.

  • User to obtain license from affiliate , with legal compliances connected thereto with applicable laws and regulations concerning public performances rights , duly approved by the Committee and / or the Board of affiliate.

6. Service Fees

• User shall pay the license fees to affiliate as per the Tariff card of the affiliate , which shall be the “service / license fee “ for the us

• The service fee of the user shall be subject to change as decided by the affiliate without prior notice.

7. Payment Gateways

• affiliate uses secure third-party payment gateways to process payments. Users acknowledge that:

  • affiliate and / or NGO shall not be responsible for any issues, delays, or failures caused by third-party payment service providers.

  • Any disputes arising from payment transactions will be handled in accordance with the payment policies agreed upon with the service provider and affiliate.

8. Intellectual Property

• All intellectual property rights are with the affiliate as per the terms with the assignor and not with the user.

• Thus, user cannot claim any ownership over any intellectual property rights , save the Licenses that are granted to the user with limited rights of audio video public performance rights as per the terms and conditions as specified in the license agreement with the affiliate and user.

9. Termination

• Affiliate reserves the right to terminate the agreement of any User for breach of any Terms, not limited to providing false information or wrongful facts of the user.

• User or Licensee may terminate the agreement with the affiliate subject to settlement and / or reconciliation of accounts to the satisfaction of both the parties, if any.

10. Limitation of Liability

• To the fullest extent permitted by law:

  • Affiliate or NGO will not be held liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, arising from the use of its Services.

  • Affiliate liability, if any, will be limited to the amount of legitimate royalties collected and due to the user subject to compliances of the legal documents and / or orders required by the affiliate.

11. Modifications to Terms and Conditions

• Affiliate reserves the right to modify or update these Terms and Conditions including the Tariff rate card at any point of time without any notice to the user.

12. Notices

• All notices, requests, demands, or communications required or permitted under these Terms shall be delivered to the last known address.

13. Miscellaneous Terms & Conditions

    • These Terms, along with any other agreements referenced herein, constitute the entire agreement between the affiliate and user, with respect to the Services , and supersede all prior agreements or understandings.

    • If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect and failure by affiliate to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14. Dispute Resolution & Jurisdiction

• In the event of any dispute arising out of or in connection with these Terms, the affiliate and user agree to:

  • if unresolved, the jurisdiction shall be the courts of New Delhi , India.

• resolve the matter through good faith negotiation and

    Last Updated: 31 October 2024
    Effective Date: 1 September, 2024

    Affiliate  CIN – U74999CH2017PTC041710