As of March 21, 2021

‍Ospo Music Group t/a Ospo Music ("Ospo Music", "we" or "us"), a business with a holding company OSPO, LLC registered in United States Of America, provides access to the Ospo Music website, currently located at www.ospomusic.com and all associated websites and subpages (collectively, “Site”), any related mobile applications (collectively, “Application”), and all enabled features, functionality, and services offered in connection with the Site and Application (collectively, “Services”). These terms and conditions (“Terms”) govern your access and use of the Services.

If you are entering into this Agreement on behalf of one or more other people, a group, or a company or other entity, then by accepting this Agreement you represent and warrant to us that you are duly authorized to do so on behalf of all such person(s)/entity(ies) and to bind them to this Agreement and that Ospo Music is fully entitled to rely on that fact (in which case, the term “you ” includes all such people and entities) in our performance under this Agreement.

By accessing or using the Services in any way, you represent and warrant that you have read, understood, and accept and agree to be bound by these Terms. If you do not agree, you may not access or use the Services. Your use of Ospo Music's distribution services, if applicable, is separately governed by the Ospo Music Distribution Agreement.
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OSPO MUSIC DOESN'T TAKE ANY COPYRIGHT OR OTHER INTEREST IN ANY OF YOUR MUSIC, ONLY A LIMITED LICENSE TO DISTRIBUTE.PLEASE UNDERSTAND THAT YOU MUST OWN OR OTHERWISE HAVE THE LEGAL RIGHT TO REPRODUCE AND DISTRIBUTE 100% OF THE RECORDINGS, MUSICAL COMPOSITIONS, LITERARY WORKS, DRAMATIC WORKS, SPOKEN WORD CONTENT, ARTWORK AND ANY OTHER MATERIAL THAT YOU INTEND TO UPLOAD AND DISTRIBUTE VIA THE OSPO MUSIC SERVICE, INCLUDING THE RIGHT TO MAKE AND DISTRIBUTE DIGITAL DOWNLOADS EMBODYING THE MUSICAL COMPOSITIONS THEREIN, AND ELECTRONIC TRANSMISSIONS OF SUCH MUSICAL COMPOSITIONS (INCLUDING, WITHOUT LIMITATION, VIA STREAMING SERVICES), AS NECESSARY.FOR EXAMPLE, YOU CANNOT DELIVER TO US ANY REMIXES, OR RECORDINGS THAT INCLUDE SAMPLES UNLESS YOU HAVE ALL NECESSARY WRITTEN PERMISSION FROM THE SONGWRITERS AND FROM THE OWNERS OF THE APPLICABLE ORIGINAL RECORDINGS. WE OFFER A SERVICE TO HELP YOU OBTAIN LICENSES FOR RECORDINGS OF COVER VERSIONS OF MUSICAL COMPOSITIONS, BUT YOU MUST OPT-IN TO AND REGISTER FOR THAT SERVICE IF YOU UPLOAD ANY COVER VERSIONS TO US. YOUR RECORDINGS OF COVER VERSIONS WILL NOT BE AVAILABLE IN ANY DIGITAL STORE UNTIL OSPO MUSIC RECEIVES NOTICE THAT THE APPROPRIATE LICENSES HAVE BEEN CLEARED.

Terms of Access and Use
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Subject to these Terms, we grant you a limited, non-exclusive, non-transferable personal license to access and use the Services. By accessing and using the Services, you represent and warrant that you are over eighteen (18) years of age or the applicable age of majority in your jurisdiction and that you are either an individual acting on your own behalf or the authorized agent of another individual or business. Your use of the Services as an authorized agent shall not relieve you of personal responsibility for your use of the Services. The rights granted to you by these Terms may be revoked by Ospo Music at any time, in its sole discretion.

When you download the Application under these Terms, you are granted a limited, non-exclusive, non-transferable license to use the Services on a computer, tablet, or mobile device that you own or control. If you have accessed or downloaded the Application from any "app" store or distribution platform, such as the Apple App Store or Google Play ("App Provider"), you acknowledge and agree that:

(i) these Terms and the license granted herein are between you and us only, and we are solely responsible for the Application;

(ii) the App Provider has no obligation to furnish any maintenance and support services for the Application;

(iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application;

(iv) the App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Application, and the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third-party beneficiary thereof; and

(v) you will comply with all applicable third-party terms of service when using the Application, including any applicable App Provider terms of service. The Application may automatically download and install updates from time to time. These updates are designed to improve, enhance, and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules, and new versions.

Registration and Accounts

To use certain features of the Services, you may be required to register for an account ("Account") with us and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that all required registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirements.

Payments

We may charge fees for your access and use of certain features of the Services. All such fees will be determined by Ospo Music in its sole discretion and may be subject to change without notice to you. The payment of all required fees must be made using a valid credit card on account with us. We currently accept Visa, MasterCard, and American Express, but reserve the right to add or change acceptable payment methods from time to time. You expressly authorize Ospo Music to charge the applicable amount of any required fees, plus any applicable taxes, to the payment method you provided. Any refunds are in Ospo Music's sole discretion. If at any time we are unable to charge the relevant fees from the payment method you provided, we may suspend your access to the Services.
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Privacy

For information regarding our collection and use of information you provide to us, please refer to the Services privacy policy ("Privacy Policy"), which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

User Content and Activity

The features and functionality of the Services may allow users to submit, upload, store, and/or share reviews, comments, questions, messages, audio recordings, musical compositions, images, artwork, photographs, audio-visual content, text, and other content, information, or materials ("User Content") directly through the Services. Users shall be able to share such User Content using the features made available by the Services from time to time. The functionality of the Services may allow registered users to make certain User Content publicly available for other users (registered or unregistered) to view, listen to, and share. Other features of the Services may enable users to privately submit and share messages between users or to upload files to store and share for private use. The foregoing activities described in this paragraph are sometimes collectively referred to herein as "User Activity."

You are solely responsible for the User Content you submit through the Services as well as your User Activity generally. You agree that, through our Services and at your direction, we are only acting as a passive conduit for your online distribution, storage, publication, and/or other exploitation of your User Content. Between you and Ospo Music, Ospo Music does not claim any ownership rights with respect to your User Content. By uploading, publishing, modifying, displaying, or otherwise submitting User Content to any part of the Services (excluding Direct Messages and/or content uploaded through Instant Share), you automatically grant, and you represent and warrant that you have the right to grant to us, as well as to other users of the Services, a non-exclusive, transferable, fully paid, worldwide license to use, copy, reproduce, publicly perform, publicly display, communicate to the public, stream, listen to, make available, reformat, translate, excerpt (in whole or in part), transmit, re-post, and distribute such User Content for any purpose on or in connection with the Services.

With respect to the use of Direct Messages and/or Instant Share, for the sole purpose of operating and enabling these portions of the Services, you additionally grant to us a non-exclusive, transferable, fully paid, worldwide license to use, host, store, search, scan, and to share at your direction such Direct Messages and/or User Content until you delete the same from the applicable Services or until the Direct Messages and/or User Content are otherwise permanently removed.

Accordingly, you represent, warrant, and agree that: (a) you have the right to agree to these Terms; (b) all of your User Content is original with you, in the public domain throughout the world, or used by you with the express consents, permissions, or licenses necessary from the original owner(s) of such materials for use by you and us pursuant to these Terms; (c) your User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity and privacy; (d) Ospo Music shall not be responsible for payments or any other liability to any third party in connection with the use of your User Content on the Site, Application, Services, or otherwise in connection with these Terms; and (e) none of your User Content or Direct Messages contains material that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable, or content that may be deemed to constitute "hate speech."

Ospo Music reserves the right to reject and/or remove any User Content, Direct Messages, or other content that Ospo Music believes, in its sole discretion, violates these provisions. Ospo Music takes no responsibility and assumes no liability for any User Content and/or Direct Messages that you or any other users or third parties post, use, store, or share through the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content or Direct Messages that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. Ospo Music is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Ospo Music shall not be liable for any damages you allege to incur as a result of such User Content.
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The Artist shall not detrimentally interfere with the efforts of the Company to distribute the recording through one or more distribution companies or enter into any contract inconsistent with the rights of distribution assigned to the Company hereunder. The Artist shall not contact any such potential distribution company except through the offices of the Company.

‍Non-Circumvention: The Artist shall not detrimentally interfere with the efforts of the Company to distribute the recording through one or more distribution companies or enter into any contract inconsistent with the rights of distribution assigned to the Company hereunder.The Artist shall not contact any such potential distribution company except through the offices of the Company.

Distribution.

a. Digital Distribution of the Masters Neighbouring Rights Royalties:
Ospo Music will pay you 85% of Net Receipts from the digital distribution of the Masters Neighbouring Rights Royalties.

‍b. Ringtones, Content ID, and Exploitation of Videos via YouTube, and YouTube Channel Admin Services: Ospo Music will pay you 70% of Net Receipts from:

- Ringtones
-Content ID
-Exploitation of the Videos via YouTube
-YouTube Channel Admin Services

‍c. Procured Licensing and Exploitation of Videos via Third-Party Platforms (excluding YouTube, e.g., Apple Music):
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Ospo Music will pay you 50% of Net Receipts from procured licensing and exploitation of the Videos via third-party platforms, excluding YouTube.

‍d. Other Sources of Revenue:
Ospo Music will pay you 50% of Net Receipts from sources of revenue not covered in subsections a-c above.

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Ospo Music may terminate the Term for any reason, including but not limited to if we reasonably believe that you or any of your Recordings or other content have violated this Agreement or the terms and conditions of any Digital Store, that you or your Recordings infringe the intellectual property or other rights of any person or entity, if we are told by any Digital Store or reasonably believe that Digital Stores will not accept your Recordings or other content specifically or categorically, or that you are otherwise abusing our Service or any Digital Store or engaging in fraudulent or illegal activity. We may also terminate the Term if the credit or debit card that you provided to us expires, is cancelled, if our attempts to charge your Service fee are declined for any reason, or if we reasonably believe that charges were incurred fraudulently. So if the number, expiration date, billing address, or any other card or account information changes, please be sure to update your Ospo Music account promptly via the Site user dashboard. At our sole option, we may nevertheless elect to renew the Term and to deduct the applicable renewal fee from any and all sums payable to you hereunder. We may also terminate the Term if our Service is discontinued for any reason.

‍Governing Law: ​The Parties agree that this Contract shall be governed by the laws of the United Republic of Tanzania and New Mexico, United States Of America.

Miscellaneous: Ospo Music will not be liable for a curable breach of this Agreement unless you provide us with written notice specifying the alleged breach that we confirm receipt of, and we fail to cure such breach within ninety (90) days thereafter. We may direct all notices and communications to you via the email address or street address associated with your account and/or via your dashboard account on the Site. All notices to Ospo Music shall be sent to us at legal@ospomusic.com.