AVPL (Audio-Video Performance License), ( Division of AVPL COMMUNICATIONS LIMITED)

By accessing or using the services, provided by AVPL (Audio-Video Performance License), (referred herein as AVPL/ Company) 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 and the User / Licensee.

1. Introduction

AVPL committed for socioeconomic benevolence and for empowerment to Intellectual Property Producers for royalty collections and distributions thereof, specialising in public performance rights licensing and management for audio-visual contents , as one of its principal object.

2. Definitions

• AVPL refers to issuance of Audio-Video Performance License development with all associated services in connection thereto.
• “Assignor”refers to any individual or legal entity holding public performance rights of audio-visual 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 to be utilised by the user.
• “Public Performance Rights” refers to the right to perform or display audio-visual 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 AVPL.
• “Licensee” refers to any individual or entities (also referred as “User” that acquires a license from AVPL for the public performance of audio-visual works.
• “Royalty” refers to any payments collected from Licensees by AVPL for commercial utilisations of public performance of Audio – Visual contents.
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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.
• Company reserves the right to approve, reject, or terminate any registration at its discretion.

4. Scope of Services

• AVPL engages the following services :
  • facilitates the issuance of public performance licenses to user Licensees for audio-visual works.
  • Royalty Collection: AVPL collects royalties from Licensees / User for the use of audio visual works in public places.
  • Royalty Distribution: AVPL distributes collected royalties based on the usage and licensing of assigned works, read with consideration clause and stipulation thereof confirmed while executing the assignment agreement between the assignor and AVPL.

5. Assignment Agreements

• Assignor enters into a formal assignment agreement with AVPL for the benefit of the User, which ;
  • Outline the scope of the assignment, including the permitted uses by the user , geographical limitations, and duration.
  • Specify the royalty payment from user as per the agreed consideration clause which may be updated periodically, subject to final approval of the Board of Directors of the company.
  • User to obtain license from AVPL , with legal compliances connected thereto with applicable laws and regulations concerning public performances rights , duly approved by the Committee and / or the Board of AVPL.

6. Service Fees

• User shall pay the license fees to AVPL as per the Tariff card of the AVPL, which shall be the “service / license fee.
• The service fee of the user shall be subject to change as decided by the AVPL without prior notice.

7. Payment Gateways

• AVPL uses secure third-party payment gateways to process payments. Users acknowledge that:
  • Company/AVPL 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 company.

8. Intellectual Property

• All intellectual property rights are with the AVPL 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 on the license issued to user by AVPL.

9. Termination

• AVPL 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 AVPL subject to settlement and / or reconciliation of accounts to the satisfaction of both the parties.

10. Limitation of Liability

• To the fullest extent permitted by law:
  • AVPL/Company 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.
  • Company/AVPL 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 AVPL.

11. Modifications to Terms and Conditions

• AVPL 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 AVPL 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 AVPL 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, AVPL and user agree to:
• Resolve the matter through good faith negotiation and
• if unresolved, the jurisdiction shall be the Honourable Courts of New Delhi , India.

      Last Updated: Tuesday, 28 January 2025
    Effective Date: Tuesday, 28 January 2025

   CIN No: U82300MH2024PLC436628

   GST REG : 27ABBCA8258R1ZW