A) General conditions of the contract

1. The user gives to YOUSIX s.r.l. with legal offices in Porto San Giorgio (AP), Via Properzi 243, Taxpayerʼs code n° 01937170445, Economic and Administrative Business Register n° 185608 (hereinafter: the COMPANY), the permanent, gratuitous and non exclusive license for the global circulation of the video and audio recordings of his/her musical works performed by the same user as well as images, words, names, logos, brands etc. relevant to the said recordings of musical works (hereinafter: ORIGINAL WORKS) for the sole purpose and/or services described below;
2. The COMPANY, according to the offer:
   • Shall give, gratuitously, to the user a web page in which the user shall upload by himself/herself the songs, musical videos, photos, biography and all desired information, also related to his/her promotion. The user shall also directly upload/modify the binary files in digital format described in the following art. 3c.
   • Shall enable, at its own expense, the users to access the ORIGINAL WORKS in order to allow the download, streaming and enjoyment of the said ORIGINAL WORKS/BRANDS in compliance with the Law.
   • Shall offer the gratuitous download and/or streaming of the userʼs songs and musical videos as indicated by the same user. The user shall have the right to upload (or ask the COMPANY) to upload an unlimited number of songs at his/her discretion; it is agreed that the user shall be able, at any moment and at his/her discretion, to sell songs that were previously offered for free and/or change the price of any song anytime (with reasonable frequency) and/or offer for free a song that was previously offered for a fee. It is agreed that, however, the price of sale shall be decided by the COMPANY.
   • Shall have the right, but not the obligation, to make the ORIGINAL WORKS available to third parties through internet and, for the sole purpose of promotion, shall be able to make the ORIGINAL WORKS available on any other media.
   • Shall have the right, with no limitations whatsoever, to remove or suspend the ORIGINAL WORKS from the website without ending this contract and/or end this contract at any time unilaterally if, in the COMPANY unquestionable opinion, the said ORIGINAL WORKS may be detrimental to moral and/or material interests of third persons or group of persons and/or anyhow against the Law.
3. With reference to the rights granted in the art. 2, the user guarantees for the whole duration of this contract:
   • to own and continue to own or control the rights of any kind related to the ORIGINAL WORKS/BRANDS (and any other material submitted to the COMPANY) free from any claim by third parties.
   • To have the unlimited power to give the rights granted in this contract to the COMPANY
   • That no one of the activities carried out by the COMPANY in relation to the ORIGINAL WORKS/BRANDS (or any other material submitted by the user to the COMPANY) or used by the COMPANY with the authorization of the user, shall put the COMPANY at risk of claims or civil/penal proceedings related to financial claims, fees, payments;
   • That he/she shall compensate the COMPANY for the loss of any kind caused by or subsequent to the violations of the guarantees and/or obligations assumed by the users with this contract.
4. The user if registered with the Italian Authors and Publishers Association or any other association for the collection and distribution of the royalties of any State, shall notify to the COMPANY the details of the said registration in order to pay the fee for the utilization of the ORIGINAL WORKS/BRANDS;
5. As for the rights acquired by the COMPANY with this contract and the supply of the service object of the offer, it is agreed that:
   • the COMPANY may supply the service under the name Yousix and/or other names and from URLs and with modes decided solely by the COMPANY. The websites may be or not be controlled by the COMPANY, nevertheless they may be used by the COMPANY according to contracts and agreements signed by the COMPANY with the administrators of the said websites, in order to grant a wider circulation and promotion and commercial exploitation of the ORIGINAL WORKS/BRANDS of the user;
   • the COMPANY has the right to perform all necessary operations and to authorize third parties to perform all necessary operations for the exploitation of the rights granted to the COMPANY with this contract;
   • the COMPANY, it being understood that it has the power to remove or suspend the ORIGINAL WORKS from the website at anytime if in the COMPANY unquestionable opinion, the said ORIGINAL WORKS may be detrimental to moral and/or material interests of third persons or group of persons and/or anyhow against the Law, decline all responsibility for any event that may be detrimental to individuals, group of individuals or property subsequent to the circulations of the ORIGINAL WORKS/BRANDS;
6. The user declares that he/she has read the Privacy Disclaimer according to the Legislative Decree 196/03, related to the processing of personal data and authorizes therefore the COMPANY to process his/her personal data, as well as sensible data, of which the user is or will be the holder and that have been communicated to the COMPANY. The personal data shall be used by the COMPANY for all administrative, informative and regulatory purpose required by the COMPANY for the fulfillment of this contract as well as all the marketing, advertising and promotion activities as they are described in this contract and, in general, for the best fulfillment of this contract. The user also extend the authorization to process his/her data for any possible future purpose and to transfer them to third parties.
7. For any controversy the Court of Fermo shall have the exclusive jurisdiction
8. This contract, for all the matters not explicitly regulated, is subject to the regulations in force in Italy.

B) CONDITIONS OF PUBLISHING OF AUDIO AND VIDEO WORKS ON YOUSIX.COM

The user, by uploading audio and video files implicitly requests its publishing on the website www.yousix.com.
The user therefore declares:

1. That he/she is the legal owner of the audio and/or video files, that he/she is the owner of all rights of use and exploitation and that he/she can entirely and exclusively dispose of it and grant the enjoyment of the rights of use to a third party.
   
2. That he/she shall never claim any remuneration for the said audio and/or video files, that is therefore submitted gratuitously, renouncing also to the royalties provided for by the Law 22/04/1941 n. 633 and successive amendments;
   
3. That he/she is aware that the submission of the said files shall not generate any business relation with the publisher/owner of the website yousix.com (nor any employeremployee relation such as: indefinite, fixed, part-time, full-time or term employment);
   
4. To accept that the submitted files, even if not used, shall not be returned;
   
5. That it is agreed that all original works contained in the said audio and /or video files (e.g. music works, video works, photos, graphic works, articles, reports and editorials, graphic processing etc.) even if not published, are exclusive property of the author that grants to yousix.com the permanent non exclusive license for any exploitation of the files, including the reproduction, broadcasting, circulation and distribution, sale and renting of audio and video files by on demand technologies (particularly: web radios and web tv, peer-to-peer softwares, Internet, satellite) or by any device and technology known or to be invented in order to allow anyone to access the said files at any time and from anywhere. It is however agreed that the said right does not end with the publishing of the files;
   
6. To agree that Yousix.com transfers the audio or video files to third parties and to renounce to any form of remuneration for that.
   
7. That the audio or video files is original and that the user may dispose at his own will of all the exclusive rights according to the quoted Law 633/41;
   
8. That he/she is aware that the law does not permit the submission, the modification, the circulation and the reproduction of works subject to copyright or brands belonging to third parties, without having obtained a consent from the owner of the rights;
   
9. That the audio and video files are compliant with the mandatory rules and the content of such files is not: obscene, slanderous, blasphemous, racist, pornographic, contains child pornography, it is not detrimental to intellectual property rights, moral rights, copyrights, rights of protection of third parties personal data, publishing rights and, in general, comply with the Law 633/41 and the art. 85b of the Consolidated Act of the public security according to The Royal Decree 18/06/1931 n. 773 and successive amendments.
   
10. To grant to Yousix.com the right to publish and/or modify the audio and/or video files for the purposes relevant to the companyʼs activity, at the company unappealable decision.
    
11. To grant to Yousix.com the broadest authority to unify, for technical and/or marketing reasons, the audio and video files with other audio or video files, also including them in other works in any form, media or technology known or to be invented;
    
12. That the individuals filmed in the video files have signed a formal authorization for the use described in this declaration;
    
13. That the audio and video files have been made in compliance with the Legislative Decree 196/2003 on the protection of personal data, particularly for what concerns the protection of minors;
    
14. That all contributions, comments, photos, footage and drawings published fall under the direct and exclusive responsibility of the author, in full obedience of the originality of the files and of any possible right of a third party and in compliance with the Law 633/41;
    
15. To undertake to hold Yousix.com and the subsidiary companies harmless from and against any claim that should derive from his/her behavior or from the publishing of the video or audio files, if the latter is offensive for the reputation or the dignity of a third party.
    
16. To fix his/her residence in the place indicated in the epigraph, where Yousix.com shall send any communication or notice of judicial or extrajudicial proceedings;
    
17. That in case of controversy the Court of Fermo shall have the exclusive jurisdiction;
    
18. To be aware of the penalties established for false statements and mendacious declarations provided for by the Criminal Code and the special laws.