PUBLIC OFFER AGREEMENT FOR MODERATION SERVICES
1. GENERAL PROVISIONS
MUSIC ALLIGATOR LTD, hereinafter referred to as the “Moderator,” hereby offers individuals interested in its services (hereinafter referred to as the “Customer”) the opportunity to enter into a service contract (hereinafter referred to as the “Contract”).
The moment of acceptance of the terms of this Offer is the moment of payment for the services in accordance with the selected Service. By accepting the terms below and making payment, the individual performing these actions accepts this offer and becomes a Customer. Accordingly, please carefully read the Agreement text and, if you disagree with any condition, the Moderator suggests you refrain from entering into the Agreement and performing any actions aimed at receiving services.
Full and unconditional acceptance of this offer signifies the Customer’s agreement with the terms of the Agreement by ticking the box “I accept the terms of the Public Offer Agreement for moderation services.”
2. TERMS AND DEFINITIONS
In this offer, unless the context requires otherwise, the following terms have the following meanings:
– “Offer” – a public proposal by the Moderator, addressed to any person, to enter into a contract with them on the existing conditions contained in the Contract, including all appendices thereto.
– “Customer” – a person who has entered into a Contract with the Moderator on the terms contained in the Contract (legal entity, individual, individual entrepreneur).
– “Acceptance” – full and unconditional acceptance by the Customer of the Agreement terms.
– “Service” – moderation service of a music release.
– “Moderation” – the process of checking a music release uploaded by the Customer to their personal account for compliance with the requirements set by the Moderator.
– “Music Release” – a set of musical compositions combined by the Customer for upload for moderation.
– “Internet Service (Platform)” – hardware and software integrated with the Website.
– “Moderator’s Website” – httpss://musicalligator.com/.
– “Requirements for the Music Release”:
– Originality. Compliance with exclusive and/or copyright rights of third parties to the music release, its cover, and other materials accompanying the music release.
– Cover versions of songs. Only legal and official covers with licensing agreements from copyright holders are accepted. Soundtracks, cover versions, or tribute songs that are very similar to the original are not allowed.
– The audio track should not be a short sound fragment, sample, or special effect (FX).
– Duration. The acceptable track duration is more than 1 minute, except for ” Skit” or “Intro” versions.
– Quality. There are no sound distortions, breaks, interruptions, or other sound defects in the music release. Low-quality recordings are not allowed (hissing, poor recording, unprofessionally made and mixed tracks, glitches, blurriness, sound absence, unsynchronized sound).
– Cultural Considerations. Hate speech based on race, religion, gender, sexual orientation, national/ethnic origin, or other characteristics is not permitted. It is your responsibility to familiarize yourself with local laws and cultural norms. Content must be legal and conform to the moral standards of the country or region where the track will be played.
– Materials that contain excessively offensive content, drug propaganda, discussions of racial or political topics, insults are not allowed.
– “Services” – a set of services and their cost, posted on the Internet at httpss://musicalligator.com/public-offer/. The Customer is responsible for tracking service changes.
3. SUBJECT OF THE CONTRACT
3.1. The Moderator provides the Customer with services according to the Service chosen by the Customer, indicated at the link httpss://musicalligator.com/public-offer/, and the Customer pays for these services.
3.2. If the Moderator makes changes to the Services, services to the Customer continue to be provided based on the service that they selected and paid for.
4. TERM OF SERVICE PROVISION
4.1. The term of service provision depends on the selected service.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. The cost of services depends on the selected service.
5.2. Payment for services is made on the Moderator’s website by cashless transfer of funds to the Moderator’s details specified on the website.
5.3. The moment of payment is considered the moment when funds are received in the Moderator’s bank account.
6. SERVICE PROVISION PROCESS
6.1. The Customer selects a Service and makes payment for services in accordance with the Service.
6.2. After payment, the Customer sends the music release to the Moderator for service provision through their personal account in the online service.
6.3. Upon receiving payment for the services, the Moderator begins to provide the services.
6.4. The result of the provided services for Moderation is one of the following decisions made by the Moderator regarding the music release:
6.4.1. Approval of the music release for its further use (if the music release meets the requirements of the Agreement);
6.4.2. Refusal to approve the music release for further use (if the music release has violations);
6.4.3. Sending the music release for revision (if the music release has defects or infringes the rights of third parties).
6.5. In case the music release is sent for revision for reasons specified in section 6.4.3. of the Agreement, the Customer has the right within 3 calendar days from receiving notification from the Moderator to provide documents of title to the disputed result of intellectual activity.
6.5.1. If documentary evidence that meets the requirements of the law is provided within the specified period, the provision of services regarding the music release will continue.
6.5.2. If documentary evidence is not provided within the specified period, services regarding the music release are considered to have been provided. In this case, the cost of services is non-refundable.
6.6. In case of refusal to approve the music release for further use, the cost of services is non-refundable. Resending such a music release for moderation means the provision of services regarding this music release from the beginning.
7. MODERATOR’S RESPONSIBILITY
7.1. The Customer understands and agrees that the final decision on including the music release in playlists is made by platform editors, so the Moderator is not responsible for a platform’s refusal to include the music release in playlists.
7.2. The Moderator provides services according to the Service chosen by the Customer and is not responsible for the Customer’s infringement of third-party rights, as well as for violation of other requirements for music releases established by legislation.
7.3. In case the Customer violates the conditions on the ways of using the Moderator’s online service, the Moderator has the right to unilaterally suspend the provision of Services, the Customer’s access to the personal account on the Moderator’s website or refuse to execute the Agreement and demand compensation for damages caused by the termination of the Agreement.
8. CHANGES TO THE OFFER TERMS
8.1. The Moderator reserves the right to make changes to the terms of the Agreement and/or withdraw the Agreement at any time at its discretion.
8.2. In case the Moderator makes changes to the Agreement, such changes take effect from the moment the amended text of the Agreement is posted on the Internet at httpss://musicalligator.com/, unless a different term for the changes to take effect is additionally defined at such posting.
9. FINAL PROVISIONS
9.1. The Customer confirms that all terms of this Agreement are clear to him, and he accepts them unconditionally and in full.
9.2. This Offer-Agreement becomes effective upon the Customer’s acceptance of the offer and remains in force until the parties fully fulfill their obligations.
9.3. The Moderator has the right to unilaterally refuse to provide Services if the Customer violates any terms of this offer.
9.4. All changes, appendices, and additions to this Contract are its integral parts.
Moderator’s Contact Details:
MUSIC ALLIGATOR LTD
Registered office located at: 7 Bell Yard, London, England, WC2A 2JR
