PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Terms and Conditions”) govern your use of this web Website (the “Website”), as provided by Music For Productions Inc. (“Company,” “We” or “Us”). By using this Website, you (“You”) and other users of the Website (collectively, “Users”) are deemed to have agreed to these Terms and Conditions. If You do not agree to these Terms and Conditions, You may not access or otherwise use the Website. You should check these Terms and Conditions periodically for modifications. By using the Website following any modifications to the Terms and Conditions, You agree to be bound by any such modifications.
Any inquiries concerning these should be directed to [email protected].The Website may only be used or otherwise accessed by persons 18 years of age or older. If we reasonably believe that someone under 18 years of age has provided us with personal information, we will make reasonable efforts to remove such personal information from our database.
Purpose of the Website
The Website provides information and samples of music and sound that can be licensed from the representative companies, right owners and right administrators for professional production uses. The Website provides opportunities to licensees to report music usage. The Website is intended for business-to-business use, and is not intended for non-professional use by consumers.
Modifications to the Website
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Website or restrict your access to part or all of the Website without notice or penalty.
You warrant and agree that You shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Website or any information or other material obtained through or derived from the Website for commercial purposes (other than as expressly permitted by the Company or by the provider of such information or other material); (c) engage in spamming, spoofing or flooding; (d) attempt to gain unauthorized access to the Website or other computer systems through the Website; or (e) harvest, collect or store information about the Users or content of this Website. You understand that the technical processing and transmission of the Website may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Company assumes no responsibility for the transmission, deletion or failure to store information submitted by You or other Users to the Company. In addition, You acknowledge that You will not rely on any content created or provided by the Company on the Website or otherwise.
As between You and the Company, including our affiliates, the Company is the owner and/or authorized User of any Music For Productions trademark, registered trademark and/or Music For Productions service mark appearing on the Website, and is not the copyright owner or licensee of the music content and/or on the Website, unless otherwise indicated. Except as otherwise provided herein, use of the Website does not grant You a license to any content, features or materials you may access on the Website. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by the Company. You may, however, print one (1) copy of the information on the Website solely for your records. If You make other use of the Website, except as otherwise provided above, You may violate copyright and other laws of Canada or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any User of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Website.
You acknowledge and agree that you will have no right to utilize the music and sound licensed to You from the Website (“Company”), music representatives, right owners or rights administrators until you execute a license agreement provided to you by the Company, music representatives, rights owners or rights administrators and fulfill all payment and other obligations as set forth therein.
User’s Grant of Limited License
The Company does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from You through the Company’s mail and email addresses, or in any other way. Any information or material submitted or sent to the Company will be deemed not to be confidential or secret. By submitting or sending information or other material to the Company You represent and warrant that the information is original to You and that no other party has any rights to the material. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that You submit or otherwise communicate to the Website, may be used by us in any manner.
We use current industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide to us and to prevent against its loss or misuse. Although no data transmission over the Internet can be guaranteed to be 100% secure, and although we will exercise great care to provide a secure transmission, we cannot guarantee that the personal information you submit to us will be free from unauthorized third party intrusion. You therefore understand and agree that all information You submit to Us or post on the Website is done so at your own risk.
You may be able to link to third party web Websites (“Linked Websites”) from the Website. Linked Websites are not, however, reviewed, controlled or examined by the Company in any way and the Company is not responsible for the content, availability, advertising, products, information or use of User information or other materials of any such Linked Websites, or any additional links contained therein. These links do not imply the Company’ endorsement of or association with the Linked Websites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Websites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Websites, and any content contained thereon. In no event shall the Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Websites or the information or material accessed through these Linked Websites. You should direct any concerns to that Website’s administrator or webmaster. The Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links to different Users.
You acknowledge and agree that in connection with your use of the Website, You must: (a) provide for your own access to the World Wide Web and pay any service fees (if any) associated with such access; and (b) provide all equipment necessary for You to make such connection to the World Wide Web, including, if applicable, a computer, software, a modem and a working telephone line. The Company shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Website.
Consent to Processing
By providing any personal information to the Website, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Your Acceptance of these Terms
By using the Website, you signify your assent to these Terms and Conditions. If you do not agree to this policy, please do not use the Website. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of the Website following the posting of changes to these terms means you accept these changes.
Failure to Comply with Terms and Conditions and Termination
You acknowledge and agree that we may deny You access to all or part of the Website without prior notice if You engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of the Company or are otherwise inappropriate for continued access.
You agree to defend, indemnify and hold the Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials on or through the Website by You.
You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Website resides in the courts of Toronto, Canada and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Toronto, in connection with any such dispute and including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate the Website from our offices in Canada. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these Terms and Conditions of use should be directed to [email protected]
The compositions and master recordings that comprise any and all production music catalogs may not be publicly performed, copied or recorded for any purpose without the prior written permission of the Company, music representative, rights owners or rights administrator, as embodied in a final, executed License.
Applications for a synchronization license must be made by phone, mail, fax or online to the company, music representative, rights owners or rights administrator immediately prior to or following the completion of a production and prior to any exhibition or broadcast. Delay in requesting music clearance could result in a higher license fee being charged.
- If there is a change of circumstance during the Term as a result of which a rights holder (“RIGHTS HOLDER”) reasonably believes that it does not have, or no longer has, the rights necessary to authorize the Company and any Distributors to use any RIGHTS HOLDER Content as provided for herein, or RIGHTS HOLDER reasonably believes that the Company’s or its Distributors’ continued sale or other use of any RIGHTS HOLDER Content will substantially harm RIGHTS HOLDER’s relations, or violates the terms of any of RIGHTS HOLDER’s agreements, with any applicable copyright owner, artist, producer or distributor, then RIGHTS HOLDER shall have the right to withdraw, upon written notice to the Company, authorization for the sale or other use of such RIGHTS HOLDER Content. Following such withdrawal, the Company shall cease to offer such RIGHTS HOLDER Content for sale or other use or cause such cessation as soon as is commercially feasible after the Company’s receipt of such notice of withdrawal, and RIGHTS HOLDER shall use commercially reasonable efforts to clear such withdrawn RIGHTS HOLDER Content and shall promptly notify the Company if and when such RIGHTS HOLDER Content has been cleared and is again authorized for use or sale by the Company and its Distributors.
- No Agency or Joint Venture. The parties agree and acknowledge that the relationship between the parties is that of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other’s agent, partner, employee, or representative.
- Governing Law. This Agreement shall be governed by and construed with the substantive and procedural rules of Ontario, Canada applicable to agreements entered into and wholly performed therein, without reference to the principals of conflicts of laws. The courts sitting in Toronto, Ontario courts shall have exclusive jurisdiction over this Agreement and the parties hereto waive any and all objections to venue being placed in the province of Ontario.
- Dispute Resolution. If there is any dispute between the parties arising under this Agreement that cannot be resolved informally then the parties respectively agree to submit the controversy to a single arbitrator of the American Arbitration Association under its then-applicable rules. The arbitration proceeding shall be held within the city of Toronto in the province of Ontario, Canada. The parties agree that the award of the arbitrator will be final and binding on the parties and may be enforced or confirmed in any court of competent jurisdiction. The costs and expenses of the arbitration, including, without limitation, the arbitrator, attorneys’ fees and costs, shall be apportioned between the parties by the arbitrator in his determination of the relative merits of each party’s position. The parties agree that with respect to discovery, each party shall have all the rights available pursuant to the Ontario Code of Civil Procedure and hereby incorporate the applicable provisions of Ontario Code of Civil Procedure into this Agreement.
© 2017 Company. All Rights Reserved. The materials herein, including text, art, audio, graphics, and photography, are protected by the copyright laws of the United States and the laws of countries who are signatories to international copyright treaties and may not be used or duplicated without prior written permission from the Company, music representative, rights owners or rights administrator. Unauthorized use or duplication of materials herein may subject the user to civil or criminal liability.
Music may not be publicly copied or re-recorded for any purpose without a license from the Company, music representative, rights owners or rights administrators. Failure to obtain the license is a violation of Federal Copyright Laws. The Company Library warrants that it has the right to grant this synchronization license which is given and accepted upon payment thereof without any other warranty or recourse. The Company Library reserves all rights not granted herein. Our total liability is limited to the applicable fee paid.
All music compositions and recordings in the production music catalogs are protected by the U.S. Copyright Law. Written permission (license) for any use must be obtained from the Company, music representative, rights owners or rights administrator. Unauthorized use in any form constitutes a violation of the Copyright Law, which provides for certain penalties.
A valid license with the Company, music representative, rights owners or rights administrator grants you the right to both the recording (master) and the composition (musical copyright) more commonly referred to as the synchronization right. Synchronization is the right to affix music with visual images or other audio signals and to mechanically reproduce the copyrighted music in soundtracks and copies of soundtracks.
Payment for a synchronization license need be made only once. However, additional synchronization licensing becomes necessary if the original production is changed, revised or dubbed in foreign languages.
Performing rights licenses are usually the responsibility of the user. In the case of broadcast, (radio, TV, cable, satellite, etc.) it is the responsibility of the broadcaster. The Company herein expressly states that it does not maintain, nor is it expected to maintain, a public performance license with any of the end-user broadcaster or transmitters of the content or material conveyed in this Agreement. Virtually all broadcasters have negotiated licenses for these rights with major performing rights organization in the United States, ASCAP and/or BMI, SESAC. Outside the USA, a license must be obtained from the authorized performance rights society in your territory or from the agent for the Company.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES, OR CONTENT OR SERVICES CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE WEBSITE. THE COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF THE COMPANY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, EVEN IF THE COMPANY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
THE COMPANY REPRESENTS AND WARRANTS THAT IT (I) HAS THE FULL AUTHORITY TO ACT ON BEHALF OF ANY AND ALL OWNERS OF ANY RIGHT, TITLE AND INTEREST IN AND TO ANY CONTENT, DIGITAL MASTERS, ARTWORK AND METADATA REPRESENTED HEREUNDER, (II) IT HAS FULL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO FULLY PERFORM ITS OBLIGATIONS HEREUNDER, AND HAS OBTAINED ALL THIRD-PARTY CONSENTS, LICENSES AND PERMISSIONS NECESSARY TO ENTER INTO AND FULLY PERFORM ITS OBLIGATIONS HEREIN, AND (III) THAT THE COMPANY CAN ONLY CONVEY AND WARRANT THE RIGHTS AND INTERESTS, AS OWNED AND CONVEYED BY THE UNDERLYING RIGHTS OWNERS.