Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
MCLASSYD MUSIC PRODUCTIONS Ltd may collect and use Users personal information for the following purposes:
To run and operate our Site
We may need your information display content on the Site correctly.
To improve customer service
Information you provide helps us respond to your customer service requests and
support needs more efficiently.
To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site
We may use feedback you provide to improve our products and services.
To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of
interest to them.
To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of
our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
MUSIC LICENSE CONTRACT
This License Agreement ("Agreement") is made as of between , , hereto the Licensor ("Seller") and , , hereto the Licensee ("Buyer") as identified in Schedule "A".
The Seller is authorized to grant certain rights in and to (i) the sound recording ("Master") and/or, (ii) the underlying musical composition ("Work"), as described in Schedule "A" attached hereto, collectively ("the Tracks").
The Buyer seeks to license the Track(s) described in Schedule "A", which are located on the Seller's on-line catalog. The Buyer is engaged in the production of a production described in Schedule "A" (the "Project") and wishes to license the Tracks for use in connection with the Project, including use in connection with the production, exhibition and exploitation of the Project that may be used in the promotion thereof as described in Schedule "A" ("the Use"). Schedule "A" may also include a textual description, a negotiation transcript, and the chosen license terms as discussed and approved between the Buyer and Seller as part of the project's description.
NOW THEREFORE, the parties hereto, intending to be legally bound by the terms and conditions contained herein, hereby agree as follows:
1. License Grant and Performance Rights.
1.1 License Grant. In consideration of the terms, conditions, covenants and warranties herein, the Seller grants to the Buyer a non-exclusive and non-assignable license to use the Tracks and the approved name and likeness and biography of Artist and producer, writer and composer of the Tracks ("the Materials") in connection with the Use only, limited to the Territory, and during the Term hereof (as each of the foregoing are defined in Schedule "A" and Schedule "B") ("the License").
1.2 Performance Rights. Any public performance of the Project is subject to the clearance of the applicable public performance rights in force from time to time applied by the performing rights society in each part of the Territory in accordance with their respective prevailing terms and conditions.
1.3 License for Use on Buyer's Website. Where Buyer shall designate the Seller to collect Internet Performance Royalties, then Seller hereby grants the Buyer a license to publicly perform the Tracks in connection with the exhibition of the Project on Buyer's web site only (as set forth on Schedule "A"). Such license shall be limited to the Tracks only and Buyer shall obtain separate Internet Performance licenses for all Tracks not licensed hereunder from the applicable performing rights society in accordance with their customary terms and conditions.
2. License Fee and Payment Terms.
2.1 License Fee. In consideration of the License, Buyer shall pay the Seller the License Fee set forth in Schedule "A".
2.2 Payment Terms. Buyer shall pay the License Fee in full at the time of execution of this Agreement. Buyer expressly agrees that the terms of the License granted under this Agreement shall be valid only AFTER Buyer has made payment in full for the License Fee to the Seller and such payment has cleared. Any use by Buyer of the License granted under Section 1 without completing full payment of the License Fee shall constitute a material breach of this Agreement, entitling the Seller all available remedies under the laws of Seller's State or Country.
2.3 Taxes. The buyer shall pay and be responsible for all taxes and levies.
3. Attribution of Tracks.
3.1 The Buyer shall attribute and credit the Tracks in all promotion, exhibition and exploitation of the Project in a substantially similar form to that set forth in Schedule "A".
4. Alteration of the Tracks.
4.1 The Buyer shall be permitted to shorten the length of the Tracks or remix the Tracks, or any part thereof, as necessary for its use in the Project provided that the Buyer complies with the warranties stated in Section 6.
5. Reserved Rights.
5.1 The Buyer acknowledges and agrees that all rights in and to the Tracks, whether now known or hereafter in existence, that are not licensed hereunder are specifically reserved by the Seller.
6. Licensee's Warranties and Indemnity.
The Buyer represents and warrants to the Seller that:
6.1 Accuracy of information. All information provided by the Buyer herein and during the Term hereof shall be accurate, complete and not misleading in any material respect.
6.2 Limited Use of Tracks and Materials. The Buyer shall only use the Tracks and the Materials for the Use and only in connection with the Project as defined in Schedule "A" and shall not use, exploit or in any way attempt to obtain any benefit there from, except in strict accordance with the terms of this Agreement.
6.3 Safeguards for Use of Tracks. The Buyer shall maintain strict controls and safeguards in connection with the Tracks and the Materials to prevent any unauthorized use or distribution thereof and shall use its best efforts to ensure that any transmission thereof is undertaken in a safe manner so as to prevent unauthorized copying or retransmission by any third party.
6.4 No Duplication. The Buyer shall not, except to the extent allowed by the Seller hereunder and solely in connection with its authorized use of the Site, copy or otherwise duplicate directly or indirectly any portion of the Site including without limitation, any of the media, information, trademarks, logos, designs, graphics, systems, Tracks or otherwise contained therein ("Seller Protected Materials") for any purpose and shall not use any software that enables the copying or duplication of Seller's Protected Materials for later off line viewing ("Web Copying").
6.5 Copyright Notices. The Buyer shall abide by all copyright notices, information, or restrictions applicable to any Seller Protected Materials and the Tracks and the Materials or otherwise published by the Seller.
6.6 Indemnity. Buyer shall indemnify, hold harmless and defend the Seller from and against any and all claims, demands, suits, damages, liabilities and all reasonable expenses connected thereto, including attorneys' fees, against or suffered by the Seller with respect to any matter that arises from or is a result of a breach or attempted breach of this Agreement by the Buyer.
6.7 Performance Rights Societies. The Buyer will comply with all requirements of the applicable performing rights societies as set forth in Section 1 above.
7.0 Seller's Warranty, Indemnity, Disclaimer and Limitations of Liability.
7.1 Warranties. Seller warrants that it has the right to grant the License. Seller agrees to indemnify and hold harmless the Buyer from and against any and all claims, costs, losses, expenses, damages, judgments and liability (including reasonable attorney's fees) which may arise as a result of or in connection with a breach of Seller's warranty herein provided, however, that in no event shall Seller's total liability exceed the License Fee paid by Licensee hereunder.
7.2 Disclaimer. Seller (as copyright owner) disclaims in connection with any Tracks(s) or Materials offered any merchantability or fitness for any purpose, application or condition of whatsoever nature without limitation.
7.3 Limitation of Liability. Seller shall not be liable for any indirect, special or consequential damages including but not limited to loss of anticipated profits, in connection with or arising from this Agreement and shall not be liable for any loss, damage, claim or liability arising from or related to any software program, data errors, digital transmission errors, failures, interruptions or delays, regardless of cause.
8.0 Additional Restrictions and Rights.
The Buyer acknowledges and agrees to the following restrictions and rights concerning use of the Buyer conferred under this Agreement:
8.1 No Use Encouraging Illegal Activities. No uses encouraging or associated with illegal or illicit activities allowed.
8.2 Licensing Terms. See attached Schedule "A" for a complete list of the licensing terms covered by this agreement and Schedule "B" for a description of those terms.
9.1 Notices. All notices permitted or required under this Agreement shall be in writing and shall be delivered as follows (i) by email, (ii) by Mail (iii) by facsimile transmission, or (iv) by certified or registered mail, return receipt requested, five days after deposit in the mail.
9.2 Waiver and Severability. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions.
9.3 Arbitration and Controlling Law. Any and all disputes that may arise between the Parties under or in connection with this Agreement shall be submitted (together with any counterclaims and disputes under or in connection with other agreements between the parties) to final and binding arbitration heard by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (the "AAA"). The arbitration shall be conducted in the Seller's state or country. All questions concerning the validity, operation, interpretation, and construction of this Agreement will be governed by and determined in accordance with the laws of the Seller's state or country.
9.4 No Agency. The relationship between the Seller and the Buyer is that of independent contractors. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties or to allow either party to bind the other or incur any obligation on its behalf.
9.5 Counterparts. This Agreement may be executed in two or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument.
9.6 Assignment. Seller may assign this Agreement to any entity to which it transfers all or substantially all of its ownership interest, whether through merger, acquisition or sale of assets. Otherwise, neither party may assign, voluntarily, by operation of law, or otherwise, this Agreement without the other party's prior written consent, and any attempt to do so without that consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
9.7 Termination. Seller shall have the right to terminate this Agreement forthwith upon a material breach or attempted breach by Buyer of any of the terms and conditions hereof unless such breach is cured within thirty (30) days following written notice to Buyer thereof, except that Buyer's failure to pay the License Fee as required under the terms of Section 2 shall be deemed a material breach. Upon expiration or termination, Buyer shall have no further right to use the Tracks or the Materials and any further use thereof whatsoever shall represent an act of copyright infringement.
9.8 The Seller reserves the right, at its sole discretion, to change, modify, add or remove portions of the Site and/or to vary, suspend or discontinue any aspect thereof at any time. The Site is protected by copyright as a collective work and/or compilation, pursuant to copyright law and Buyer may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display, or in any way exploit any Seller Protected Materials in whole or in part.
9.9 Seller's Protected Materials . Seller Protected Materials and all rights therein, are protected by all applicable copyright laws, and are owned and/or controlled by Seller or the party credited by Seller as the provider thereof.
9.10 Entire Agreement. This Agreement is the entire agreement between the Seller and Buyer, which supersedes any prior or contemporaneous agreement or understanding, whether written or oral, and any other communications between the Seller and Buyer relating to the subject matter of this Agreement. This Agreement may not be changed orally, but only by a writing signed by both parties which specifically references this Agreement.
9.11 Survival. The provisions of Sections 2, 5, and 9 shall survive termination of this Agreement.
9.12 Headings. The headings herein are for convenience only and are not intended by the parties of or to affect the meaning or interpretation of this Agreement.
9.13 Changes to this Agreement. We may change, edit or update this Terms Of Service at any time at our discretion upon posting notice on the Site. Your continued use of the services, shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site or the Service.
9.14 Credential. Licensee must credit Producer- Marvin Dias, Artist - M.Class Dias (Marvin Dias) and website: www.beatswithinyou.com, with any purchased licenses.
100.3 Survival.The provisions of Sections 100 shall survive termination of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their Authorized representatives below as of the date first above written.
Licensee (Buyer), by:
Licensor (Seller), by:
Date of sale:
Note: This license agreement will be invalid without complete and accurate address and contact information. If insufficient information about the Project is provided, the license may be deemed invalid.
LICENSOR (SELLER) INFORMATION
Name of seller:
LICENSEE (BUYER) INFORMATION
Name of buyer:
LICENSE GENERATED BY
Song name Artist Composer Publisher Copyright
SCHEDULE "B" - License Type Description