1.1. This agreement includes the terms on granting usage (and not sale) license for music tracks.
2.1. “TMC Publishing Limited: www.themusicase.com (TMC). It is the company, for the production and marketing of music services,
2.2. “Customer”: the person signing the present agreement.
2.3. “Music tracks”: the programs under executable file format, which are provided by www.themusicase.com and are included in its material.
2.4. “New Edition”: every update, modification, or improvement provided to its customers, in line with the terms herein specified.
2.5 “Usage”: each and every granting – usage of each music themes’ copy.
Present agreement is sent to buyer in PDF format instantly after music track purchase.
3.1. Upon signature of the present agreement by the user, themusicase.com grants each time the userthe possibility to use the music themes, and this usage is not transferable. The resale, copy, distribution and lending is prohibited.
The user is obliged to observe the applicable terms, without any violation. Eventual non observance implies violation of the rules, both domestic and international, on intellectual property. Licenses sold by themusicase.com are Synchronization licenses. The duration of the usage license is set at unlimited number of years.
The present license concerns and is limited only to the music themes entitled:
[music titles purchased]
License Type Description
Silver License grants customer the right to use music in following media:
- Websites (Background to Web page, excluding advertising)
- YouTube / VIMEO /Facebook & Online Videos (Monetization – Commercial use)
- Kickstarter / Indiegogo / Crowdfunding promo videos
- Corporate Presentations
- Non Broadcast Audio Visual Productions (not duplicated)
- Home Productions
- Online Games (distributed for free)
- Video Games (not for sale)
- Slideshows, Wedding albums, Photography
- Free Mobile Apps (apps that require no payment to be installed)
- Music on hold
Silver License is non exclusive.
Platinum License grants customer the right to use music in following media:
- All uses included in Silver license
- Theatrical Performances
- Paid Mobile Apps
- Advertisements (National & Worldwide | TV | Radio – Online such as Facebook & Instagram Ads)
- Television Programs (Local & National – Worldwide Broadcast)
- Radio Programs (Local & National – Worldwide Broadcast)
- Online Games (For Sale – Unlimited Mass Dublication)
- Video Games (For Sale – Unlimited Mass Dublication)
- Background in Venues (Music in Airports, Train Stations)
- Cd and dvd (unlimited dublication)
Platinum License is non exclusive.
5.1. The user is deemed exclusively responsible for securing further usage, as this is defined under each type of license.
5.2. The user is each time obliged to notify the company of any case of intolerable use, exploitation or process by any third party in any way, perceived by the same.
5.3. The use of the included music tracks is only allowed after acceptance of the present terms.
5.4. The usage license may not be returned to the company and the fee paid to purchase any usage license may not be credited.
5.5. All the provided music themes have been legally assigned to the company, which bears no responsibility for eventual dispute or contest of the works’ creators.
5.6. The company bears no responsibility for the eventual non observance of the present terms by the user.
5.7. The company bears no responsibility for the eventual alteration, damage or impossibility to use
the music theme, following the purchase of its usage, by the user.
5.8. The company bears no responsibility for the eventual dysfunction, due to external factors, due to other programs and/or equipment of the user, in the user’s software, following the purchase of the usage license.
5.9. The company is not responsible for eventual damages or losses, which may caused to third parties, following the granting of the usage license.
5.10. It assumes no responsibility for eventual claims, lodged by third parties against its user – customer or for cumulated losses which might incur to its customer – user.
5.11. In any case, the volume of the compensation to which the user is entitled may not exceed the fee paid by the user for each usage license.
5.12. Neither of the contracting parties is responsible for delays, problems, losses, etc. which result from force majeure. Force majeure is at each time defined by effective legislation.
5.13. The company is in no case responsible for any damages caused by the user’s failure to fulfill his obligations, any claim against the user by third parties.
5.14. The users’ listing by the company is allowed only if destined for its own use, as its future customer list.
5.15. The above provisions are also effective in case of termination.
5.16. In case of any public broadcast of music licensed by TMC Publishing, customer agrees to provide TMC Publishing with Cue Sheet which will identify the composer, song title, and length ofuse for all music licensed.
5.17. In case of public broadcast of music, Public Performance Royalties are collected directly from broadcast stations, not from customers.
5.18. Each notification required in conjunction with the present agreement, should be requested andconducted in writing.
5.19. No amendment of the present terms is effective, unless conducted in writing.
5.20. If any term of the present is found either unlawful or invalid, the force or validity the present is not affected.
5.21. The user is not entitled to assign any further usage, beyond the one for which he holds thespecific usage license each time.
5.22. The user acknowledges that the company (either as per the Law, or on the basis of a contract) is the beneficiary of the intellectual property and exploitation right on the granted music works, the usage license of which is granted through the present, and acknowledges moreover that the intellectual property right, as well as the exploitation right on the music works, their new editions, re-editions, etc., belong and will carry on belonging to the company.
5.23. An eventual termination does not harm other rights of the company, which outlive, either as perthe law or by their nature (intellectual etc. property rights, counter contractual usage).