Narrator Music Composition License Terms and Conditions
1. Grant of Rights. Subject to the provisions of this Agreement, Licensor hereby grants to Company the non-exclusive right and license to:
(a) synchronize the musical composition(s) or sound effects (to the extent of Writer’s interest therein, the “Composition(s)”), as embodied in the recording of the Composition(s) listed that you are purchasing licenses for upon this date of; and
(b) exhibit, perform, distribute and otherwise commercially exploit the Picture embodying the Composition(s) and the Recording(s) throughout the world in any and all media now and known hereafter devised, including, without limitation, theatrical, free, pay, cable and subscription television, CATV, closed circuit into home television, the internet, in context air, screen, television and audio visual trailers, advertising and promotions and worldwide videogram buy out. Such license shall be limited to one (1) project use. A “project use” is defined as the synchronization of a composition with a video or set of videos, advertising campaigns, radio ad campaigns or radio show background music, elevator, on hold, and ambient music, all performance and rehearsal dates of a theatrical performance, or any combination of the aforementioned uses that may fall under a single advertising or marketing effort, commercial package, home video, wedding video, concert or festival name, theatrical performance title, television, video, radio, or podcast episode title, or company branding effort.
2. Restrictions. All rights not specifically granted to Company in this Agreement with respect to the Composition(s) and the Recording are reserved to Licensor and this Agreement does not authorize or permit any use of the Composition(s) or the Recording(s) not expressly set forth herein. Without limiting the generality of the foregoing, Company agrees and acknowledges that neither the Composition(s) nor the Recording(s) may be changed altered or modified in any manner (other than for timing purposes) without the prior written consent of Licensor. Company may not manufacture for commercial distribution and sale, or authorize the manufacture for commercial distribution and sale, of a so-called “soundtrack album” or other audio device containing any of the Composition(s) or the Recording(s) without first obtaining Licensor’s consent and agreeing to pay Licensor standard music industry mechanical royalties for the use of the Composition(s) and stand music industry producer/artist royalties for the use of the Recording(s). The performance of the Composition(s) in the exhibition of the Picture by means of television is subject to the collection rights of BMI, ASCAP. SESAC, and other performing rights societies throughout the world vis- à-vis television exhibitors/broadcasters throughout the world.
Company may not distribute the musical composition(s) to any one other than members of the project team and third party clients or persons that may be involved in the project.
3. Term. The rights granted herein in this Agreement will endure for the term of all copyrights in and to the Compositions throughout the world.
4. Warranties. Licensor warrants that Licensor is the sole owner of the Composition(s) and the owner of one hundred percent (100%) of the Recording(s), and that Licensor has the legal right and authority to enter into this Agreement and to grant the rights granted to Company in this Agreement. Further, Company agrees to be responsible for obtaining all necessary permissions and licenses from, and making all required payments to, all applicable third parties in connection with the use in the Picture of all music compositions and master recordings other than the Composition(s) and the Recording(s), and to indemnify and hold Licensor harmless from all claims with respect thereto.
5. Item Warranties. Licensor makes the following warranties for the Item(s) you are downloading;
· the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
· the item matches the description given by the author on the item preview page, as well as any item preview;
· Licensor has the rights necessary to license that item on the terms of applicable license;
· Company’s use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
· the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
· the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
· the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
· Licensor will process your data in accordance with applicable privacy law and data protection regulations.
6. Refunds. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by Licensor in Section 4 and 5 have been breached. If you believe one of the warranties have been breached and would like to request a refund you can reach out to us through our contact page.
We will assess refund or credit requests on their merits. Considering the digital nature of Narrator Music items and the type of item preview that was available before purchase, there is generally no obligation to provide a refund or credit in situations like the following:
a. you have changed your mind about an item;
b. you bought an item by mistake;
c. you do not have sufficient expertise to use the item;
d. you ask for goodwill; or
e. you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
If Narrator Music decides to issue a refund or credit this will generally be done using the same manner used to make the purchase. If the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method.
a. US Sales Tax, Australian GST, and European VAT. Prices and fees for items made to you in connection with these terms exclude US Sales Tax, Australian GST, and European VAT, unless stated otherwise on our site. If an item is supplied to you by Narrator Music under or in connection with these terms on which US Sales Tax, Australian GST, or European VAT is imposed, any applicable fee that is charged for that supply is increased by, and you must also pay, an amount equal to the US Sales Tax GST, or VAT payable on those items.
b. Other taxes. Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes associated with the licenses you are purchasing in accordance with this contract wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
8. Credit. Company agrees to accord Licensor credit in the end credits of the Picture in the substantially in the following form when applicable: , and Performed by . Such credit will be in the same size and style as that used to accord credit to all other licensed musical compositions, if any, in the Picture in the same sized as that used to accord credit to other songwriters in respect of such licensed compositions similarly used. Licensor and Performer will also be accorded credit in the aforementioned manner on all audio products (e.g. compact discs) manufactured by or under the authority of Company. No inadvertent failure to comply with the foregoing provisions shall be a breach of this Agreement, provided that Company agrees to use its reasonable efforts to correct any failures to properly accord such credit and to cause all licensees, assigns and successors of Company to abide by the foregoing credit provisions.
9. Breach. No failure by Company to perform any of its obligations hereunder shall constitute a breach of this license, unless Licensor has given Company written notice of such non-performance and Company fails to cure such non-performance within thirty (30) days of its receipt of such notice. Licensor’s rights and remedies in the event of a breach of this license shall be limited to Licensor’s right, if any, to cover damages in an action at law and in no event shall Licensor have the right to enjoin or restrain or to seek or restrain the distribution, exhibition, advertising or other exploitations of the Picture.
10. Miscellaneous. This Agreement is binding upon and will inure to the benefit of the respective successors and/or assigns of the parties hereto. This Agreement is the complete agreement of the parties with respect to the subject matter hereof and all negotiations and understandings are merged herein. For purposes of interpretation, both Licensor and Company will be deemed to have drafted this Agreement. This Agreement will be governed by the laws of the State of Colorado applicable to contracts to be wholly negotiated and performed therein.
11. Third Party. If you’re agreeing to these terms on behalf of another person or company, you warrant to Narrator Music that you have full legal authority to bind that third party.
By clicking the terms and conditions box at the check out you are agreeing to the terms outlined.