Distributed Content /Takedown Procedure Clause Samples

Distributed Content /Takedown Procedure. (a) The rights granted hereunder shall apply solely to the Master Recordings, A/V Master Music Video Recordings, A/V Master Non-Music Video Recordings and Related Content delivered by IODA to SpiralFrog. Subject to IODA’s standard opt-out provision in Section 1(A) of this Agreement, IODA will deliver or make readily available new Master Recordings, A/V Master Music Video Recordings, A/V Master Non-Music Video Recordings, and Related Content no less often than IODA updates its other digital-service and retail partners. In the event IODA provides other digital-service and retail partners with distributed content lists, then IODA shall provide SpiralFrog with the same and no less frequently than IODA updates its other digital-service and retail partners. (b) If any Distributed Content ceases to be owned or controlled by IODA for any reason, or if a third party formally challenges IODA’s rights in a Master Recording, A/V Master Music Video Recording or A/V Master Non-Music Video Recording where such challenge may have a material affect on the rights granted under this Agreement, then upon IODA’s written notice and request, SpiralFrog shall remove access to such Master Recording, A/V Master Music Video Recording, A/V Master Non-Music Video Recording and/or Music Lyrics from the Service within three (3) business days of such request. IODA, its Represented Labels and/or affiliated parties shall not exercise the takedown right described in this paragraph in a manner that would defeat or frustrate the rights granted to SpiralFrog under the Agreement. (c) SpiralFrog shall not exploit the rights conveyed herein relating to any Distributed Content prior to the official USA release date of an album embodying such Distributed Content, provided IODA provides SpiralFrog with sufficient advance notice in the metadata. Further and notwithstanding the foregoing, SpiralFrog may exploit those rights conveyed herein before such release date to the extent that SpiralFrog must reproduce Distributed Content to receive, store, and prepare its availability to Users (for example, as ephemeral copies) without distributing it to Users.