Terms & Conditions - IT Music

Effective Date: 13th February 2025

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.

• “User”, “You”, “Client”, and “Your” refer to the person accessing or using the website.


• “We”, “Our”, “Company”, and “Us” refer to IT Music (itmusic.in)


• This is a legal agreement between User and IT Music (itmusic.in).


• Company reserves the right to modify the Terms of Service without notice. You hereby agree that any modification of these Terms of Service shall not be interpreted to reflect upon the strength of any provisions in any earlier iteration of these Terms of Service. It is your responsibility to check these Terms of Service periodically for changes. By continuing to use or access the Site and/or Services after Company makes and posts any such modification, you agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of the Terms of Service without Company’s express written consent.


• You understand that by using the services offered by company through the site or with respect to your IT Music (itmusic.in) account, you agree to be bound by the terms of service. if you do not accept the terms of service in their entirety, you may not access or use the services offered by company.

1. Definitions

Platform: Refers to the music distribution platform provided by IT Music [itmusic.in], which allows users to distribute their music, artwork, and other related content.

User: An individual or entity who accesses or uses the Platform to distribute music or access services.

Content: Includes music files, artwork, videos, metadata, lyrics, or any other content uploaded by Users on the Platform for distribution.

Services: Refers to all the services provided by the Platform, such as music distribution on digital streaming platforms, analytics, and rights management.

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.


• Catalog 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 IT Music (ITMusic.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.

2. User Account and Registration

• Account Creation: In order to use certain services, Users must create an account on the Platform by providing accurate and complete information.


• Acceptance of Terms: By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you must not use our services.


• Unauthorized Access: Users must notify the Platform immediately if they suspect any unauthorized access or use of their account.


• Eligibility: Users must be legally capable of entering into binding contracts under Indian law.

3. User Obligations and Conduct

• Content Rights: The User represents and warrants that they hold all necessary rights to distribute the Content.


• Prohibited Conduct: Users must not upload or distribute illegal content, including copyright infringement.


• Compliance with Laws: Users agree to comply with all applicable Indian laws.


• 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 IT Music (itmusic.in).


• The User will promptly inform IT Music (itmusic.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 IT Music (itmusic.in) or between a Member and a third party, IT Music (itmusic.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 IT Music (itmusic.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 IT Music (itmusic.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, IT Music (itmusic.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.

4. Copyright and Intellectual Property

• Ownership of Content: All content on our platform, including but not limited to audio tracks, images, videos, and text, is the property of its respective owners. Unauthorized use or distribution of copyrighted material is strictly prohibited.


• User Content: WeWhen user upload content to our platform, you represent and warrant that you have all necessary rights, licenses, and permissions to do so. You must not upload content that infringes on any intellectual property rights, including copyrights, trademarks, or patents.


• Prohibited Content: User agree not to upload, post, or transmit any content that: Infringes or violates the rights of any third party, including intellectual property rights. Is illegal, defamatory, obscene, or otherwise objectionable. Contains or transmits any viruses or other harmful code.

5. Grant of Rights

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 IT Music (itmusic.in) and IT Music (itmusic.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


• Make the catalogue available as ring back tones, master-tones, true tones, reverse ring back tones;


• Make the Catalogue available as part of mobile “store” of full-tracks, including use by way of both streaming and downloads, whether bundled or subscription-based, and whether through apps;


• Make the Catalogue available by way of mobile streaming and music messaging over IVR or WAP;


• Make the Catalogue available by way of audio/cinema;



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

• Using of Catalogue as part of non-interactive services and platforms including those providing on-line web-casting/streaming and download services, whether through mobile apps, OTT platforms and/or digital stores & radio stations;


• Use of Catalogue as part of interactive services and platforms including for those providing on-demand online web-casting/streaming and download services whether through mobile app, OTT platforms and/or digital stores;



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 (ITMusic.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 IT Music (ITMusic.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.

6. Statements, Payments and Royalties

• Users can access detailed earnings statements through their account. All reports/statements pursuant to the exploitation of the content by IT Music (itmusic.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 IT Music (itmusic.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 IT Music (ITMusic.in), Net Income will be posted to your IT Music (itmusic.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, transaction fee, taxes, GST or other charges related to such withdrawals.

7. Content Takedown

Users who have distributed song(s)/content(s) through IT Music retain the option to request a takedown of their own content under the following conditions:

Eligibility:

• This request applies only to users who originally uploaded and distributed the content via IT Music and now wish to takdown from all platforms where it was delivered (e.g., Spotify, Apple Music, JioSaavn, etc.).



Processing Fee:

• A non-refundable processing fee of ₹500 per song applies. This fee covers:
• Manual processing and coordination with partner platforms.
• Content delivery reversal and takedown confirmation.
• This fee covers administrative tasks including content review, rights verification, metadata updates, and catalog synchronization.



Takedown Process:

• The user must submit a takedown request through the official IT Music CMS/dashboard or via Takedown Request page/form.
• Once takedown received, the same will be reviewed and initiated within 3–5 business days.
• IT Music will communicate with all streaming platforms to initiate the takedown. Final removal timelines depend on third-party platforms and may vary (usually within 7–14 business days).



Important Notes:

• The song must not be involved in any active disputes, monetization holds, or copyright claims.
• If the song was distributed under a label, the label’s authorization may also be required.
• Takedown requests do not entitle the user to any refund of previous distribution fees or promotional expenses.



Misuse Clause:

• Repeated uploads followed by takedown requests without valid reasons may be considered misuse of services and can lead to account restrictions or termination.

8. Label Termination Requests

Labels that have distributed content through IT Music may request full termination of their label account and removal of all associated content under the following terms:

Eligibility:

• This request is available only to verified label owners who have previously used IT Music to distribute songs, albums, or artist content and now wish to permanently terminate their label’s association with the platform.



Processing Fee:

• A non-refundable processing fee of ₹2,000 per label applicable if label termination request before contract expiry or after auto renewal. This fee includes:
• Review and approval of the termination request,
• Coordination of content removal from all partner platforms,
• Deactivation of the label dashboard and removal of access privileges,
• Internal rights and metadata cleanup.



Termination Process:

• The label owner must submit a formal request through the IT Music CMS/dashboard or official support channels.
• The request will be reviewed and processed within 5–10 business days.
• Once approved, all content associated with the label (songs, albums, profiles, analytics, and monetization records) will be removed or deactivated.
• The label account will be permanently closed and cannot be reactivated.



Important Notes:

• There must be no pending copyright disputes, earnings withdrawals, or legal holds on the label account.
• Termination does not reverse or refund any past subscription payments, distribution fees, or promotional costs.
• If the label manages multiple artists, the termination will affect all associated artists and their content.



Permanent Action Notice:

• Label termination is irreversible. Once terminated.
• All data and content will be permanently deleted.
• Rejoining IT Music in the future will require a new registration and onboarding process, including re-approval.



Misuse Clause:

• Abuse of this feature, including repeated activations and terminations or attempts to bypass policies, may result in a permanent platform ban and legal action.

9. Effective Date, Term and Termination

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 IT Music (itmusic.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, IT Music (itmusic.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.

10. Representations, Warranties & Indemnities

The User owns or controls the necessary rights in order to make the assignment of rights and permission herein, and IT Music (itmusic.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.

IT Music (itmusic.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 (itmusic.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 IT Music (itmusic.in) shall not be liable for any claims pertaining thereto.

IT Music (itmusic.in) shall not act in any manner which conflicts or interferes with any of its existing commitments or obligations under this Deed. IT Music (itmusic.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 IT Music (itmusic.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 IT Music (itmusic.in) or its distributors violates or infringes the rights of another Party.

11. Privacy and Data Protection

• The Platform collects and processes personal information in accordance with Indian privacy laws, including the Information Technology Rules, 2011.


• Except as required by law, each Party will maintain in strict confidence all Confidential Information (as defined herein) disclosed by the other Party, will not disclose or reveal to any third party the terms and conditions of this Deed. Each Party will promptly notify the other upon discovery of any unauthorized use or disclosure of Confidential Information.



CONFIDENTIAL INFORMATION: shall mean any and all non-public information of a Party, including information consisting of or relating to such Party‟s business strategy, services, activities, financial information, reports, ideas, concepts, designs, data, trade secrets and other proprietary technical or business information that that derives actual or potential economic value from not being generally known to the public, to competitors or to other persons who may obtain economic value from its disclosure or use. Confidential Information will not be deemed to include any information that

(a) was generally available to the public or otherwise part of the public domain at the time of its disclosure,

(b) becomes generally available to the public or otherwise part of the public domain after its disclosure other than through any act or omission of the receiving Party in breach of this Agreement,

(c) was disclosed other than under an obligation of confidentiality, by a third party, or

(d) Was independently developed by the receiving Party.

12. Miscellaneous

Enforcement of Rights: User recognizes that IT Music (itmusic.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 IT Music (itmusic.in) and generally to take all steps as IT Music (itmusic.in) may deem fit for the purpose of giving substantial and complete effect to these presents, in its own capacity. User recognizes and grants IT Music (itmusic.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, IT Music (ITMusic.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 IT Music (ITMusic.in) in any other forum.

13. Changes to Terms

The Platform reserves the right to modify or update these Terms at any time. The continued use of the Platform constitutes acceptance of the changes.

14. Contact Us

If you have any questions, concerns, or requests regarding these terms or your personal data, please contact us at: