Terms of service
Terms of Service
2. Ownership of the Website
3. Registration Information / Username and Password
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Legacy or any Uploader; access or attempt to access any data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Legacy’s servers, system or network or attempt to breach Legacy’s data security or authentication procedures; attempt to interfere with the Site or the Services by any means including, without limitation, hacking Legacy’s servers or systems, submitting a virus, overloading, mail-bombing or crashing.
5. No Unlawful or Unauthorized Uses
You must not alter or remove or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Site or on any content appearing on the Site. You must not, and must not permit any third party to, copy or adapt the object code of the Site or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Site, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to any content on the Site.
6. Cover Song Licensing Services
The Site allows you to purchase a service whereby Legacy acquires on your behalf, prior to your distribution of phonorecords [as such term is defined in the United States Copyright Act (the “Copyright Act”)], mechanical licenses for the reproduction of musical compositions. You tell us the format you want to use (e.g. CD, digital download, stream or ringtone) for the mechanical licenses and the number of copies (100, 1000, etc.) to be distributed. Legacy calculates the royalty that must be paid to the music publisher(s) under the Copyright Act for use of the musical composition(s), based on the statutory mechanical royalty rate in effect at the time of your request. You pay those royalties to Legacy, along with Legacy’s licensing service fee, and Legacy obtains the license(s) from the appropriate publisher(s) or copyright holder(s) and pays the publisher(s) or copyright holder(s) the royalties on your behalf.
The maximum number of copies Legacy will license per song per album at the statutory mechanical royalty rate is 10,000 units of interactive audio streams and 2,500 units of physical formats, digital downloads and ringtones. If you wish to license more than the maximum number of copies, Legacy will attempt to obtain the license, but will charge an additional $0.004 per copy for each stream, and an additional $0.01 for each copy of other formats for our services (minimum: $25). This charge is in addition to the royalties owed and will be paid to Legacy, not the copyright holder. In addition, if you wish to license more than 2,500physical units, you agree to deliver a pressing report to Legacy on stationery of the manufacturer, indicating the actual quantities produced, before licensing will proceed.
The cover song licensing service does not allow you to obtain licenses for samples, audio recordings (masters), synchronization rights (audiovisual), grand rights (theatrical) or print rights . If you want to obtain any of those rights, you must contact the rights holder(s) directly. In addition, the cover song licensing service does not allow you to obtain mechanical licenses for songs that do not comply with the compulsory mechanical licensing provisions of the Copyright Act.
For each song you submit to us for licensing, you agree that:
- You will not change the lyrics of the song.
- You will not change the fundamental melody of the song (general rearrangement is allowed, however).
- You will not request a song that has never been previously recorded and commercially released.
- You will not release any recording of any song for any purpose other than personal private listening by the end user.
- You will not sell copies of any recording of any licensed song outside of the United States without additional permission from the rights holder(s).
Under the Copyright Act, a mechanical license must be obtained from the copyright owner of the applicable musical composition prior to the manufacture or distribution of digital or physical copies. Under certain circumstances, even if the copyright owner cannot be found, or refuses a license, a so-called “compulsory license” can be obtained. Importantly, a compulsory license may only be obtained by giving a “Notice of Intention to Obtain a Compulsory License” to the copyright owner or their agent, before or within 30 days of making, and before distributing, any phonorecords (including digital copies).
Therefore, we require that you submit your request to Legacy at least 45 days in advance of your distribution of any copies. If that time limit has passed, Legacy will still try to help you and make every effort to secure a retroactive license on your behalf, but in that instance a license cannot be guaranteed. If a license cannot be secured and the time to secure a “compulsory license” has expired, any accrued royalties will be returned to you. In all events, you will be responsible for any claim by a publisher or copyright holder and you agree to indemnify Legacy against any such claim in accordance with section 10 below.
7. Custom Licensing Services
For songs not available for licensing through the cover song licensing service, Legacy offers Custom Assistance and Custom Handling services. For an additional charge, Legacy will provide consultation and assistance to submit your licensing request directly to the copyright proprietor(s). Custom licensing can be challenging because, under the Copyright Act, the copyright holders maintain total control of their works. This means they can set any fee, take all the time they need, and reject the licensing request outright. For this reason, it is important to manage your expectations.
Many factors affect the response, including budget, use and even the current workload of the copyright holder’s processing department. For this reason, Legacy does not guarantee licensure in whole or in part for any custom request, and we also do not guarantee timing, or even that you will receive a response from the copyright holder. All custom licensing fees paid are final and are not eligible for refunds. This includes the upfront fees paid for Custom Assistance and Custom Handling, and any additional fees paid at signing for Custom Handling.
When requesting Legacy’s licensing services, you agree and warrant that you will provide accurate information, including song title(s), songwriter(s), publisher(s), track length and any other information requested, for the song(s) that you wish to license. Legacy is not responsible if licenses cannot be obtained, if the incorrect license is obtained, or if you pay insufficient publisher royalties as the result of inaccurate information in license requests.
For example, if you request mechanical licenses for 100 digital downloads that you intend to offer for download or sale, you are not authorized to reproduce the musical compositions in physical or ringtone format without further licensing. In addition, you are not authorized to produce or sell more than 100 digital downloads. The 101st digital download requires an additional license. It is your responsibility to ensure that additional mechanical licenses are requested BEFORE you offer the 101st digital download for download or sale. If you get to that point, contact us, and we will set you up for the additional units needed.
8. Refund Policy
You agree to read and accept our Refund Policy each time before making a purchase. Our refund policy is available online here: http://www.easysonglicensing.com/pages/about-us/refund-policy.aspx
THE SITE AND THE SERVICES ACCESSED THROUGH OR VIA THE SITE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. WHILE LEGACY USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO LEGACY’S ATTENTION, LEGACY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SITE, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES.
LEGACY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY PART THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SITE OPERATES, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEGACY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SITE WILL BE SECURE OR THAT ANY ELEMENTS OF THE SITE DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
LEGACY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IF THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS WILL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
12. Limitations of Liability
- (a) ANY LOSS OR DAMAGE ARISING FROM:
- (i) YOUR INABILITY TO ACCESS OR USE THE SITE OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SITE;
- (ii) ANY CHANGES THAT LEGACY MAY MAKE TO THE SITE OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SITE OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
- (iii) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS OR YOUR USE OF THE SITE, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY LEGACY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SITE;
- (iv) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT; OR
- (v) YOUR FAILURE TO PROVIDE LEGACY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL.
- (b) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; OR
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LEGACY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND LEGACY, AND THAT LEGACY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. NO PROFESSIONAL ADVICE
14. Third Party Sites
The Site may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services (hereinafter “External Services”). Legacy does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Legacy does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. Legacy disclaims all responsibility and liability for any harm resulting from your use of External Services, and you irrevocably waive any claim against Legacy with respect to the content or operation of any External Services.
15. Changes to the Site
Legacy reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Site or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Legacy will use its reasonable endeavors to notify registered users of such decision in advance.
You agree that Legacy and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders will not be liable to you or to any third party for any changes or modifications to the Site or any Services that Legacy may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Site, the Services or any part or parts thereof, or your ability to use or access the same from or within any territory or territories. Legacy may change the features of any type of account, may withdraw or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of the Services from time to time.
17. Electronic Communication and Contact
You consent to receive communications and your Licensing Agreement(s) from Legacy electronically. You agree that all contracts, licenses, notices and other communications provided to you in electronic format by us will satisfy any legal requirements that such documents or communications be in writing, and that such documents and communications have the same force and effect as though they had been provided in non-electronic form.
19. Applicable Law and Jurisdiction
21. Waiver and Ammendment
23. Entire Agreement