Professional Documents
Culture Documents
Terms of Use
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 Amazing Music Tracks, LLC. ("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.
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.
User Conduct
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 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. Company assumes no
responsibility for the transmission, deletion or failure to store information submitted by
You or other Users to Company. In addition, You acknowledge that You will not rely on
any content created or provided by Company on the Website or otherwise.
Proprietary Rights
As between You and Company, including our affiliates, Company is the owner and/or
authorized User of any Amazing Music Tracks trademark, registered trademark and/or
Amazing Music Tracks service mark appearing on the Website, and is 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 Company. If You make
other use of the Website, except as otherwise provided above, You may violate
copyright and other laws of the United States, 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.
Company
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
Company, music representatives, rights owners or rights administrators and fulfill all
payment and other obligations as set forth therein.
Company does not solicit nor does it wish to receive any confidential, secret or
proprietary information or other material from You through Company"s mail and email
addresses, or in any other way. Any information or material submitted or sent to
Company will be deemed not to be confidential or secret. By submitting or sending
information or other material to 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.
User Information
In the course of your use of the Website, You may be asked to provide certain personal
and non-personal information to us. Company"s use of any information You provide
shall be governed by the Privacy Policy. We urge You to read our Privacy Policy. You
acknowledge and agree that You are solely responsible for the accuracy and content of
such information.
Security
Internet Access
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. 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.
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.
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
Company or are otherwise inappropriate for continued access.
You agree to defend, indemnify and hold 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.
Applicable Law/Jurisdiction
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 Company or relating in any way
to your use of the Website resides in the courts of California and You further agree and
expressly consent to the exercise of personal jurisdiction in the courts of California, in
connection with any such dispute and including any claim involving Company or its
affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication
providers and content providers.
We control and operate the Website from our offices in the United States of America.
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
info@amazingmusictracks.com
Licensing Notes
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 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.
a. 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 Company and any Distributors to use any RIGHTS HOLDER
Content as provided for herein, or RIGHTS HOLDER reasonably believes that 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
distributor, then RIGHTS HOLDER shall have the right to withdraw, upon written notice
to Company, authorization for the sale or other use of such RIGHTS HOLDER Content.
Following such withdrawal, 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
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 Company if and when such RIGHTS HOLDER Content has been
cleared and is again authorized for use or sale by Company and its Distributors.
b. 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,
entered into and wholly performed therein, without reference to the principals of
conflicts of laws. The courts sitting in Los Angeles County, California courts shall have
exclusive jurisdiction over this Agreement and the parties hereto waive any and all
d. 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
under its then-applicable rules. The arbitration proceeding shall be held within the
County of Los Angeles, State of California. 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 California Code of Civil Procedure
and hereby incorporate the applicable provisions of California Code of Civil Procedure
Music Copyrights
2016 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 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
Company, music representative, rights owners or rights administrators. Failure to obtain
the license is a violation of Federal Copyright Laws. 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. Company Library reserves all
rights not granted herein. Our total liability is limited to the applicable fee paid.
Copyright
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 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.
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.
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 Company.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
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 COMPANY CAN ONLY CONVEY AND
WARRANT THE RIGHTS AND INTERESTS, AS OWNED AND CONVEYED BY THE
UNDERLYING RIGHTS OWNERS.
Privacy Policy
This Website (the "Website") is owned and operated by Amazing Music Tracks, LLC (the
"Company"). Company has created this privacy statement in order to demonstrate our
firm commitment to our visitors" privacy. The following discloses our information
gathering and dissemination practices for amazingmusictracks.com The Website may
only be used or otherwise accessed by persons 18 years of age or older. See Terms and
Conditions. 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.
When using the Website, you may be asked to provide certain personal information
about you and/or your company, such as name, company name, address, phone
number, fax number and e-mail address. This information may be requested when you
sign up for an account, request a license agreement or report music usage. In addition
to personal/company information, may collect certain demographic information from its
users, such as position with company, facility type and buying preferences. The Website
server automatically collects data about your home server's domain when you visit the
Website. For example, if you visit us from your AOL account, our server will record a visit
from aol.com. Our server may also record the referring page that linked you to us, e.g., a
search engine or your geographical location. We use this information only for internal
review in aggregate and non-personally-identifiable form. Our server will not
automatically record your name or e-mail address. Your e-mail address and other
personally identifying data will not be known to Company unless you voluntarily submit
them to us or post them on a bulletin board or chat room. The Website also uses
"cookies," or text files sent from our server and saved by your web browser to your
computer"s hard drive. Our cookies are sent back only to our server and cannot be read
by other websites" servers. Cookies are not programs and cannot be used to read any
data or files on your computer. We use cookies to record how many times a user has
visited the Website and what pages the user has accessed, as well as login information.
In addition, Company reserves the right to disclose any content, records, or electronic
communication of any kind (including personal information or private electronic
communication transmitted on the Website): (i) to satisfy any law, regulation, or
government request; (ii) if such disclosure is necessary or appropriate to operate
Company; or (iii) to protect the rights or property of Company or its users, sponsors,
providers, licensors, or merchants. Company also reserves the right to reject any order
or to request additional information from any customer.
Access, Corrections
If you would like to make sure that the information we do have about you is accurate or
if you wish to change your information in our database, jplease send an e-mail
explaining the correction or change to: info@amazingmusictracks.com