Engagement-  Subject to the terms and conditions (“Terms and Conditions”), of this Agreement as well as the copyright policy (“Copyright Policy”), terms of use (“Terms Of Use”) and the privacy policy (the “Privacy Policy”) (incorporated herein by this reference and collectively referred to as the “Terms of Service”), User hereby engage WEdigi.com to provide non-exclusive online and mobile distribution, marketing and business development services for Users, in connection with any and all digital media exploitation (now known or hereinafter devised), including without limitation online, wireless, mobile, electronic device and download rights (collectively referred to herein as the “Digital Rights”) regarding Users or Artist likeness, products, services, audio, image, video, print, text content and/or any and all agreed product merchandise sales and/or bookings for live performances worldwide.

The terms and conditions (“Terms and Conditions”), as well as the copyright policy (“Copyright Policy”), terms of use (“Terms Of Use”) and the privacy policy (the “Privacy Policy”) (hereinafter referred to individually and collectively as the “Terms of Service”), shall govern Users access to and use of the Wedigi.com website (the “Site”), including any content, information, products and/or services (the “Services”) therein.  This is a legal agreement between User and World Export Digital Recording & Filmworks, Inc., (Wedigi.com)-(hereinafter referred to individually and collectively as “Company”). Company reserves the sole right at any time to modify, discontinue or terminate the Site and Services, or modify the Terms of Service without notice. All modified terms and/or conditions will be in effect after they are posted on the Site (unless applicable law requires a longer notice period). By continuing to use or access the Site and/or Services after Company makes any such modification, Users agree to be legally bound by the revised Terms of Service. User may not alter the terms and conditions of the Terms of Service without Company’s express written consent.

Users understand that by using the services provided by Company through the Wedigi.com site, Users Agree to be bound by the Terms of Service.  If User Do Not Accept the Terms of Service in their entirety, User May Not Access or Use The Services offered by Company.

1. TERM:

The term of this Agreement shall commence upon the date hereof and shall continue until Company and User have fulfilled all of Company’s and Users obligations hereunder (the “Term”).

2. GRANT OF RIGHTS:

The rights granted hereunder shall include sale of permanent digital downloads, temporary digital downloads, interactive streaming (both tethered and non-tethered), non-interactive streaming (both promotional and fee based), sale through so-called “disc-on-demand” services, merchandise and bookings for live performances. Specific rights are more fully described below.

By checking the terms and conditions (“Terms and Conditions”) and clicking the “I Agree” button, Users (“User”) irrevocably grant to WEdigi, throughout the world and during the Term (as defined in paragraph 1 above), the non-exclusive right:

• (i) to sell, copy, distribute and otherwise exploit the “Recordings” (defined below) by all means and media (whether now known or existing in the future) through Wedigi.com and any and all third party Internet consumer stores now operational or hereafter available;
• (ii) to collect all income deriving therefrom; and
• (iii) use the name(s), photographs and likenesses, artwork images, biographical and other information provided by Users or the Artist whose performances are embodied on the Recordings in connection with the Recordings and Company’s general business.
• (a) Users agree that User 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. User acknowledge and agree that Company may disable access to and/or terminate Users account and/or remove or disable access to any Recordings or any associated materials Users provide to Company in the event that Company receives any claim that would constitute a violation of Users representations and warranties hereunder. Please see the Wedigi.com Copyright Policy for further information.
• (b) Users agree that Company may place a hold and (freeze) any and all revenues in Users account that are received in connection with Recordings or other materials submitted by Users which Company believes, in its good faith discretion, violate the Terms of Service, and that such revenues will be forfeited by Users if Company determines, in its good faith discretion, they are the result of fraud and/or infringement. Users agree that User will not be entitled to reimbursement for any fees paid by Users to Company in the event Company disables access to Users account, Users Recordings and/or any other materials Users provide to Company, or to any revenues forfeited by Users as set forth in the preceding sentence.
• (c) Users agree that Company may terminate Users account if User violate the Terms of Service or, in Company’s good faith discretion, are believed to be infringing the intellectual property rights of third parties and/or engaging in otherwise fraudulent activity.

3. RECORDINGS:

The “Recordings” subject to this Agreement are the sound recordings and audio/visual recordings that Users submit to Company upon Users acceptance of this Agreement as well as any other sound and/or audio/visual recordings that User choose to submit thereafter by giving Company notice and appropriate copies thereof. Company reserves the right to reject any materials (recordings, videos or artwork) that Users submit, in its sole discretion.

Users agree to submit all Recordings and artwork, in the format(s) required by Company and/or the various third party consumer licensees of Company. Technical descriptions of such format(s) will be provided to Users upon request. Users agree that Company and/or its suppliers will have the right to supplement existing artwork to complete the packaging for Discs-On-Demand.

1. MERCHANDISE RIGHTS AND SERVICES: World Export Digital Recordings & Filmworks Inc., has the non-exclusive rights to all Album artwork and Wedigi.com generated promotional materials and to “bounce-back rights”. Wedigi.com shall pay to Users Thirty (30%) percent of its net receipts from any commercial exploitation. Users grant Company, throughout the World, the non-exclusive right during the Term hereof, to exploit and reproduce and authorize others to exploit and reproduce Users or Artist’s individual names (both professional and legal and whether presently or hereafter used by Users or Artist)  image, likeness and other identification and biographical material concerning User or Artist and any trade name, trademark or service mark used by the individual members of Users or Artist group (collectively, “Name and Likeness”) in any manner and in any medium, now known or unknown (“Merchandising Rights”), including, without limitation, in connection with the manufacture, distribution or sale of reproductions of Users or Artist Name and Likeness on any and all products such as, but not limited to, t-shirts, posters, buttons and pins or in connection with any services (“Articles”) in addition to Recordings and other exploitations of the Masters, or Company may, in its discretion, refrain from any of the foregoing.  Any license or other agreement entered into by Company during the Term hereof for the exploitation of the Merchandising Rights shall be effective for the duration of that license or agreement, whether ending before or after the end of the Term hereof.  Nothing herein shall restrict Company from incorporating additional likenesses previously approved by Users or Artist’s on merchandise or marketing materials that are not offered for sale.  In respect to any Merchandise design created and sold during the Term containing the Artwork, Company shall have the non-exclusive right thereafter to continue to manufacture and sell Merchandise incorporating the Artwork. All other merchandising rights shall be subject to World Export’s right of “first negotiation” and a right to “meet and match” any third party offers.
2. LIVE PERFORMANCE INCOME: Company agrees that during the Term of this Agreement, Company shall provide booking and/or tour deficit support (“Tour Deficit Support”) to Users or Artist for all live performances, including a tour. Company shall have the right to collect Gross Receipts paid to Users or Artist for those live performances or appearances that Company provided such Tour Deficit Support. For purposes of this Agreement, Tour Deficit Support shall mean the payment of all Company approved travel, lodging and per diem expenses to be incurred by Users and/or Artist to travel to and from the live performance less, Wedigi shall pay to Users Eighty (80%) percent of its net receipts from any commercial exploitation. Any payment received by Users or Artist for such live performance or appearance shall be immediately paid to Company. If Company has not received Company’s agreed portion immediately upon User or Artist receipt of payment for such live performance or appearance, Company by as a consequence of this agreement, Company shall have the right to deduct all or a portion of such amounts from any Net Income otherwise then payable to Users or Artist.
3. Notwithstanding the foregoing, in respect of so-called “sound and lights” for such live performances or User or Artist personal appearances, and for purposes of computing commissions hereunder, when applicable, the amount, if any, in respect of so-called “sound and lights” for such live performances or appearances shall be payable by Users or Artist or on Users or Artist behalf be deducted from Gross Receipts or other considerations earned by Users and/or Artist’s in respect thereof.
4. PAYMENTS:

(a)    In full consideration for all services rendered by WEdigi hereunder and all of the representations, warranties and agreements of Users in connection therewith, for providing the services outlined in paragraph(s) 2 above, Company will pay Users the following Royalty Percent (%) of “Net Income” Revenues in perpetuity (as defined in Section 4(b) below) based on the Subscribed Distribution Packages(s) Users Purchase;

                                            – Wedigi Royalty Percent (%) Payment – 

Worldwide Recording Artist Digital Distribution     –   70%

Worldwide Recording Artist Digital Distribution     –   80%

Worldwide Recording Artist Digital Distribution     –   30%

(b)     “Net Income” means Company’s actual receipts, less any tax, fee or charge related to the sale of the Recording(s), Merchandise of Booking for Live Performances;

(c)    Net Income (as defined in paragraph 4(b) {above} of all monies/royalties with respect to the specified {Royalty Percent (%)} allocated total shares payable for Users based on the Subscribed Distribution Packages(s) Users Purchase will be posted to Users Wedigi account with statements and all other correspondence regarding the work(s) within 90 days after Company’s receipt thereof; or to such other mailing address as Users may specify in writing;

(d)    Once payment has been credited to Users account, User will be able to withdraw all or any portion at Users discretion. Users will be responsible for any bank fees or other charges related to such withdrawals. Users are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Users WEdigi account by Users or anyone else using Users account.

(e)    It is Users responsibility to notify Company if Users Payment Address or any alternate payment method Users provide to Company (such as a PayPal account, credit card or debit card) (each a “Payment Method”) has changed by making the appropriate notices to Company regarding Users respective choice of receipt of Royalty Payments.

(f)     Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than two (2) years after the date the statement is rendered, and Users hereby waive any longer statute of limitations that may be permitted by law.

(g)    To the extent that Users owe any amounts to Company as a consequence of this agreement, Company shall have the right to deduct all or a portion of such amounts from any Net Income otherwise then payable to Users.

(h)    In the event that Company has, in its reasonable business judgment, reason to suspect that Users account has been subjected to and/or involved in fraudulent activities, Company reserves the right to discontinue posting of Net Income to Users account and with-hold Users ability to otherwise receive funds therefrom, until satisfactory resolution and/or explanation of the suspect activities is obtained. To the extent that any fraudulent activities are determined to be caused by Users or Users affiliates actions or omissions, any costs incurred by Company (including legal fees and costs) in connection therewith may, in addition to its other remedies, be deducted by Company from any monies otherwise payable to Users hereunder. Certain of Company’s third party licensees may also have policies related to fraud and suspected fraudulent activities and Users agree that such policies shall be binding upon Users hereunder.

(i)     The Net Income payable in Users WEdigi account may be held by the Company in an interest-bearing account. The Company may, in its sole discretion, retain all interest earned on the Net Income or pay to Users all or a portion of such interest.

(j)     In connection with Users decision to use the WEdigi streaming media player (Streaming Player), WEdigi application or other “widgets” as a platform for users to stream Users Recordings, Users and/or Artist hereby waive any right to digital royalties, performance royalties or any other fees or royalties, statutory or otherwise, that Company may be obligated to pay Users and/or Artist or a third party in connection with such use of the Streaming Player.

(k)    In the event that Company is presented with a claim of infringement of copyright, trademark, right of publicity or other intellectual property right, or failure to comply with any third party license requirement or any other claim which, if true, would constitute Users breach of, or non-compliance with, any of Users representations, warranties or agreements hereunder, Users agree that Company may place a hold and (freeze) any and all revenues in Users account that are received in connection with the disputed Recordings or other materials submitted by Users, and that such revenues will be forfeited by User if Company determines, in its good faith discretion, they are the result of fraud and/or infringement. Furthermore, if in Company’s reasonable business judgment it elects to engage legal representation to review and/or respond to such claim, Company shall, in its sole discretion, have the right to deduct from Users account or charge any alternate payment method Users provide to Company (such as a PayPal account, credit card or debit card) (each a “Payment Method”) Company shall have the right to withhold payment of any monies due hereunder in an amount reasonably related to the claim and potential expenses to offset the costs of associated legal fees and expenses.

5. THIRD PARTY OBLIGATIONS:

Users and/or Artist acknowledge that Users and/or Artist shall be responsible for paying any commissions due to writers, producers, engineers, mixers, managers, music publishing organizations or any third party from monies payable to Users and/or Artist pursuant to this Agreement, and WEdigi shall not be obligated to make any such payments from its share of fees.

(a) Users and/or Artist shall be solely responsible for securing and paying for digital phonorecord delivery, mechanical and any other licenses required from musical composition copyright owners (or their agents) in connection with Company’s exploitation of rights hereunder, royalties due to Users and/or Artist, producers and other persons who performed in the making of the Recordings and all payments that may be required under collective bargaining agreements.  

6. NAME AND LIKENESS: Company shall have the right to use and publish, and to permit others to use and publish, the name (including any professional name by which the person involved is or may become known), likeness and biographical material of Users and/or Artist for advertising and purposes of trade in connection with the promotion of the phonograph record business of Company, including the sale of records made hereunder. Except in connection with records which may have been released by third parties prior of this Agreement and non-exclusive thereafter. During the term hereof, Company may bill, in other, advertise, and describe Users as, an ‘Company’ “Distributed Recording Artist”, or by a similar designation and Users and/or Artist agree to utilize Users and/or Artist’s best efforts in other aspects of Users and/or Artist’s career to cause Users and/or Artist to be billed, advertised and described as, an ‘Company’ “Distributed Recording Artist”, or by a similar designation.
7. (a) PUBLICITY: Users and/or Artist will, from time to time, at Company’s request, whenever the same will not unreasonably interfere with other professional activities of Users and/or Artist, appear for photography, poster and cover art under direction of Company, or is designee; appear for interviews with representatives of the press and Company’s publicity personnel, and advise and consult with Company regarding Users and/or Artist performances hereunder and similar matters.  Users and/or Artist will also, if requested by Company, and subject to Users and/or Artist reasonable availability make personal appearances on radio and television and elsewhere and record taped interviews, spot announcements, trailers and other transcriptions, all for the purpose of advertising, exploiting and promoting phonograph records by Users and/or Artist hereunder and for other general public relations or promotional purposes in connection with the business of Company.  Users and/or Artist shall not be entitled to any compensation for such services, except as may be required by applicable union agreements, provided that Company may reimburse Users for Users reasonable bona fide out-of-pocket expenses incurred in connection with such services all of which expenses, and any other bona fide expenses of Company recoupable from royalties due Users hereunder.
8. (b) INDEPENDENT PROMOTIONS:

Company shall recoup Seventy Five (75%) percent of all pre-approved independent promotion costs from royalties due to Users and/or Artist hereunder.

7. WARRANTIES; REPRESENTATIONS; INDEMNITIES:

Users warrant and represent that Users are at least eighteen 18 years of age, have the right and authority to enter into this agreement and to grant to Company all rights specified; all of the Recordings, including any sampled third party material embodied therein, artwork, metadata, videos and any other materials furnished by Users to Company or relating to the Recordings are owned or controlled by Users and shall not infringe on the copyrights or other rights of any person or entity; and that Company shall have the right to exploit same in all manner hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity, other than the royalties due to Users described in paragraph 3(a)(b) and 4 above.

(a)   Users and/or Artist shall defend and indemnify Company and any of its affiliates (including any directors, members, officers, employees and other representatives) against any third party claims or expenses and losses resulting from breach, or a claim which if true would constitute a breach of the foregoing warranties, including reasonable attorneys’ fees and litigation expenses.

(b)  In the event that Company is presented with a claim of breach of copyright, failure to comply with any third party license requirement or other breach of any of Users warranties hereunder, Company shall give Users prompt notice of any claim and Users shall defend Company at Users expense with counsel approved by Company (which approval shall not be unreasonably withheld) and, in Company’s reasonable business judgment, Company is compelled to engage an attorney to respond to such claim. If a claim is made Company shall have the right to withhold payment of any monies due hereunder in an amount reasonably related to the claim and potential expenses.  Any settlement of any claim shall be subject to Company’s prior written approval.

(c)    There are no representations or warranties by company, express or implied, statutory or otherwise, other than as expressly set forth in the Terms of Service.

8. SUBSCRIPTION FEES:

In consideration of the services rendered hereunder, all Recordings and/or Products submitted by Users and distributed by Company Store require that Users purchase a recurring fee-based subscription. These fees may be amended from time to time by Company without notice to Users. Users expressly agree that Company is authorized to deduct Users recurring subscription fees, any applicable tax and other charges Users may incur in connection with Users use of the Services directly from Users Wedigi account (i.e., Users share of Net Income) or charge such fees to any Payment Method Users provide to Company. Users are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Users Wedigi account by User or anyone else using Users account. If User notify Company in writing that User are terminating Users distribution subscription for one or more of Users Recordings and/or Products, no further distribution subscription fees will be charged to Users Wedigi account or Payment Method for those Recordings and/or Products and all terminated Recordings will be removed from Company’s Store within one hundred eighty (180) business days of Company’s receipt of Users notification to terminate Users distribution subscription and all terminated Merchandise Products will be removed immediately, but no later than (30) business days of Company’s receipt of Users notification to terminate Users distribution subscription.

Users will not be entitled to reimbursement of any pre-paid fees with respect to any terminated Recordings and/or Products. It is Users responsibility to notify Company if Users Payment Method has changed by making the appropriate changes to Users Wedigi account settings. If Users do not provide a valid Payment Method Users service may be disconnected or interrupted at Company’s sole discretion.

9. CONFIDENTIALITY:
   The parties acknowledge and agree that in the course of negotiating and transacting business under this agreement each party may become aware of certain otherwise confidential information related to the other’s business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, the parties agree to keep such information confidential. Notwithstanding the foregoing, Users agree that Company will have the right to provide information relative to the sales of Users Recordings hereunder to third parties, to aggregate such information in charts and other comparative informational materials, and to disseminate same in any manner. Users further agree that Company may, in its sole discretion, supply information about Users and Users WEdigi account to any third party that Company believes has a legitimate claim or concern related to possible copyright or trademark infringement in connection with any materials uploaded by Users hereunder.
10. OTHER AGREEMENTS:

(a) Users acknowledge that in providing the services and payments hereunder, Company may be required to enter into certain third party sublicensing agreements with various consumer outlets. Users agree that the terms of this agreement shall be subject to any applicable terms and conditions of the Agreements Company enter into with respect to such third party sublicenses.

(b) Wherever in this Agreement Users approval or consent is required, Users approval shall not be withheld unreasonably and failure to give such approval or disapproval within seven (7) days of notice by Company shall be deemed an approval by Users. When such approval is to be mutual, in the event of a dispute Company’s executive decision shall control.

11. ASSIGNMENT: Company may, in its sole discretion, assign this Agreement or any of its rights hereunder to any other person, firm or corporation.  Company shall have the right to assign some or all of its rights under this Agreement to another entity for the purpose of enabling such other entity to manufacture and distribute phonograph records, recordings and derivatives thereof from the Masters recorded by Users pursuant hereto. Users shall notify Company if Users assign this agreement.
12. ISRC CODES,_BAR CODES AND UNIVERSAL PRODUCT CODES:

Company provides bar codes and ISRCs & UPCs to all of its customers. These are for the use of the customer only and may not be transferred or resold.

13. MISCELLANEOUS:

(a) Company cannot guarantee exploitation of the Recordings and/or Products, which will depend on consumer preference. This agreement does not create a partnership or joint venture. This agreement constitutes the entire agreement between Users and Company pertaining to its subject matter and may not be changed, waived, discharged or terminated except by an instrument in writing signed by Users and Company. This agreement supersedes and replaces any prior or contemporaneous written or oral agreements or understandings between the parties. There are no representations or warranties, express or implied, statutory or otherwise other than as set forth in this Agreement. Except as specifically set forth in this agreement, Company shall have no obligations to Users.

 

• (b) Neither party shall be deemed in breach of this agreement unless the other party has given the breaching party notice, and the breaching party has failed to cure such breach within 30 days after receipt of such notice. In no event shall any breach entitle either party to rescind the rights granted hereunder, but rather the aggrieved party shall only be entitled to damages reasonably related to the breach concerned and no penalty shall be awarded to either party.
• (c) In no event will Company, its officers, directors, employees or agents be liable to Users for any damages whatsoever, including, without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with Users use of the Site, Services, Company products or any Company content, no matter whether the damages are foreseeable and whether or not Company has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will Company’s aggregate liability to Users exceed Two Hundred Dollars ($200).
• (d) In the event that any provision in the Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of the Terms of Service will not be deemed a waiver of such right or provision. Users may not assign the Terms of Service (by operation of law or otherwise) without the prior written consent of Company and any prohibited assignment will be null and void. Company may assign the Terms of Service or any rights or obligations hereunder without Users consent.

The relationship of the parties under the Terms of Service is that of independent contractors and the Terms of Service shall not be construed to imply that either party is the agent, employee, or joint venture of the other. Users agree that the Terms of Service and the rules, restrictions and policies contained herein, and Company’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than Users and Company. The Terms of Service, together with the rules and policies of Company, constitute the entire agreement between Company and Users with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (i) by Company via email (in each case to Users email address of record), (ii) a posting on the Site, or (iii) by Users via email to [email protected] or to such other address as Company may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

• (e) Users acknowledge that Users have read and understand Company’s Terms and conditions (“Terms and Conditions”), as well as the copyright policy (“Copyright Policy”), terms of use (“Terms Of Use”) and the privacy policy (the “Privacy Policy”) (hereinafter referred to individually and collectively as the “Terms of Service”),  as more fully described on the Site, and by using the Services and the Site Users have expressly accepted the terms and conditions set forth hereunder and which is set forth in such Terms of Service and Privacy Policy, as same may be amended from time to time.
• (f) It is Users responsibility to deliver all necessary information, metadata, songs, graphic files or any other information or music and/or Products in the format required. Users acknowledge that Company will not be obligated to furnish its services hereunder until receipt of said materials.
• (g) Users authorize Company to select and perform full length versions of Users Recordings via` Wedigi.com Top 50 Hits Streaming Platform to promote and chart top songs performed by solo artist or groups, and/or Sale of applicable Recordings appearing in the Top 50 Charts in the form of single songs and/or compilation collectable albums.

Wedigi shall pay to Users Thirty (30%) percent of its proportionate net receipts from any commercial exploitation. To the extent that Users and/or Artist own or control the publishing rights in the musical compositions embodied in Users Recordings (the “Compositions”), said Top 50 singles and/or albums may be created by Company or any third party affiliated with Company by using any selected songs to be charted of the applicable Recording(s).

• (h) Users authorize Company to make and perform clips of Users Recordings up to ninety (90) seconds in length via streaming or download free of charge (the “Clips”) to promote the group, Users and/or Sale of applicable Recordings. To the extent that Users and/or Artist own or control the publishing rights in the musical compositions embodied in Users Recordings used in the Clips (the “Compositions”), Users and/or Artist authorize Company to make and perform clips of Users Compositions up to ninety (90) seconds in length via streaming or download free of charge to promote the Artist/Users and/or Sale of applicable Recordings. Said Clips may be created by Company or any third party affiliated with Company by using any consecutive ninety (90) seconds of the applicable Recording(s).
• (i) Company reserves the right not to provide its services to any customer for any or no reason.
• (j) If any recording and/or audiovisual master is rejected by a Company because it does not meet Wedigi’s technical or editorial specifications, Users must pay a resubmission fee before resubmitting the master.  In the event Users are unable or unwilling to correct the errors or quality issues in order to resubmit the recording and/or audiovisual master, there shall be no refund on previously paid fees – the fees paid for the initial submission and any resubmission are not refundable under any circumstance.

14. NOTICES: The respected addresses of Company and Users for all purposes of this Agreement shall be as set forth within Users account page until notice of a new address shall be given. Any notice desired or required to be given by either party to the other shall be in writing and shall be delivered by hand (to an officer if the address is a corporation), or sent by United States certified mail, postage prepaid, return receipt requested, provided that any royalty statement may be sent by regular mail.  Properly addressed notices delivered or sent as provided herein shall be deemed given when delivered by hand, or when postmarked if delivered by mail.
15. CONTROLLING LAW: The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Georgia and shall be construed in accordance with the laws of said State applicable except by an instrument in writing, executed by both parties hereto.

This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof and no modification, amendment, waiver, termination or discharge of this Agreement shall be binding upon Company or Users unless confirmed by a written instrument signed by the undersigned officer of Company and by Users. The participating parties to this agreement waive their respective rights to a trial by jury. No waiver of any provision of or default under this Agreement or any failure to exercise its rights hereunder shall prejudice the rights of Company or Users thereafter, nor shall it form precedent for future obligations.

____________________________________________________________________________________      

   WEDIGI COPYRIGHT POLICY

World Export Digital Recordings & Filmworks Inc., (Wedigi.com) respects the copyrights of others and expects its users to do the same. In compliance with the Digital Millennium Copyright Act of 1998 as embodied in 17 U.S.C. § 512 (the “DMCA”), a copy of which may be found on the United States Copyright Office website at:

http://www.copyright.gov/title17/92chap5.html#512; Wedigi will respond expeditiously to remove or disable access to material that is claimed to infringe copyrighted material or to be the subject of activity that infringes copyrighted material and was posted online using the Wedigi service.

DMCA Notification of Claimed Infringement

If Users are a copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed, please notify Wedigi of the material that is claimed to be infringing or to be the subject of infringing activity and was posted online using the Wedigi service by completing a DMCA Notification of Claimed Infringement (the “Notification”) as described below and delivering it to Wedigi’s Designated Copyright Representative. Users SHOULD ONLY submit a Notification if Users OWN OR CONTROL THE COPYRIGHTED MATERIAL that is claimed to be infringing because under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages.

To be effective, the Notification must be a written communication provided to Wedigi’s Designated Copyright Representative that includes considerably the following:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Wedigi to locate the material;
• Information reasonably sufficient to permit Wedigi to contact Users, such as an address, telephone number, and, if available, an email address at which Users may be contacted;
• A statement that Users have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed; and
• The physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right under the copyright that is allegedly infringed.

Once completed, please deliver the Notification to Wedigi’s Copyright Representative at:

Copyright Representative
World Export Digital Recordings & Filmworks, Inc., (Wedigi.com)
4062 Peachtree Road, Suite D-411
Atlanta, Georgia 30319
[email protected]

Upon receipt of a valid Notification, Wedigi will respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

DMCA Counter Notification

If material Users have posted online using the Wedigi service has been removed or disabled in response to a DMCA Notification of Claimed Infringement, Wedigi will promptly forward the Notification to Users and inform Users that it has removed or disabled access to such material. If Users own or control the rights to the material Users posted online using the Wedigi service and Users believe that Users material was removed or disabled by mistake or misidentification, Users may send Wedigi’s Designated Copyright Representative a DMCA Counter Notification (the “Counter Notification) as described below. Users SHOULD ONLY submit a Notification if Users OWN OR CONTROL THE COPYRIGHTED MATERIAL that is claimed to be infringing because under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages.

To be effective, a DMCA Counter Notification must be a written communication provided to Wedigi’s Designated Copyright Representative that includes substantially the following:

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

 

• A statement under the penalty of perjury that Users have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• Users name, address, and telephone number, and a statement that the Users consent to the jurisdiction of the Federal District Court for the judicial district in which Users address is located, or if Users address is outside of the United States, for any judicial district in which Wedigi may be found, and that Users will accept service of process for the person who provided the DMCA Notification of Claimed Infringement (the “Claimant”) or an agent of such person; and
• Users physical or electronic signature.

Once completed, please deliver the Counter Notification to Wedigi’s Copyright Representative at:

Copyright Representative
World Export Digital Recordings & Filmworks, Inc., (Wedigi.com)
4062 Peachtree Road, Suite D-411
Atlanta, Georgia 30319
[email protected]

Upon receipt of a Counter Notification, Wedigi will promptly forward it to the Claimant and inform the Claimant that Wedigi will replace the removed material or cease disabling access to it unless the Claimant notifies Wedigi’s Designated Copyright Representative within ten (10) business days that he or she has filed an action seeking a court order to restrain Users from engaging in infringing activity with regard to the material posted online by Users using the Wedigi service. If Wedigi receives notification that the Claimant has filed such a lawsuit, it will be unable to replace the removed material or cease disabling access to it. If Wedigi does not receive such notification, it may, in its sole discretion, replace the removed material of cease disabling access to it.

Please note that when Wedigi forwards the Counter Notification to the Claimant it includes Users personal information. By submitting a Counter Notification, Users consent to having Users information revealed in this way. Wedigi will not forward a Counter Notification to any party other than the Claimant.