Terms and conditions
Effective from June 25, 2018.
Welcome to our website. YOU ARE INVITED TO READ THE FOLLOWING "TERMS AND CONDITIONS" BEFORE SUBSCRIBING A "MEDIAMUSICMANAGER" ACCOUNT AND USING THE SERVICES OFFERED.
Mediamusicmanager.com offers a service that allows registered users ("Customer user"), who want to purchase music licenses to be used for movies, TV, Advertising, Games and any other type of Media, to get in direct contact with users who create and offer original content ("Musician/Artist user"). By "Media" we refer to any and all media now or later invented (TV, Cinema, Radio, Internet, Videogames, etc...). This can be done through direct license offers (the Customer purchases directly from the Library of mediamusicmanager.com) or through the use of "Requests/Opportunities" of music licenses (the Customer requests to a number of users to create custom music, by following the Customer’s directives, which will then be freely selected by the same Applicant).
a) MMM offers the following options for Musician / Artist users:
I. A free account (called "Free Plan");
II. Two or more subscription accounts (renewable by User), with more storage space and additional services (called "Basic Account", "Pro Account", etc.).
Details on applicable rates and account options are listed on the mediamusicmanager.com website and can be viewed here.
b) Payments can be made through various methods on mediamusicmanager.com. Every responsibility related to the chosen payment method will be on the User.
c) Participation by a Musician/Artist in a Request/Opportunity is equivalent to a proposal to stipulate a license agreement on the Content offered, the terms of which are already pre-determined in the Request made by the Customer. The agreement will be finalized, with the relative rights and obligations arising therefrom, only as a result of the selection made freely by the Customer who made the Request, and of any subsequent signing of the deed containing the terms of the Request.
d) The music that will be uploaded on the website (in the Library or to respond to Request/Opportunities) must be owned or in the legal availability of the Musician/Artist owning the account used for these publications. The Musician/Artist will be held responsible for any violation of the rights of third parties, and must indemnify the MMM for any action and damage that should arise at the initiative of third-party rights holders.
e) By subscribing in MMM each User must choose a password. Users are entirely responsible for maintaining the confidentiality of their password and agree not to use accounts, usernames or passwords of other users or to reveal their password to third parties. Users must immediately notify any unauthorized use by third parties of their account. Users acknowledge and accept, in the case of sharing their password and / or personal information with third parties, or in the event of loss of control over their membership account or password, to be solely responsible for all actions taken with the relative membership account.
f) Registration on mediamusicmanager.com is open to Users aged 18 or over. Users under the age of 18 are prohibited from using the services on mediamusicmanager.com unless expressly authorized by their parents or legal guardian to assume full responsibility for the online behavior of their account, including any legal consequences that may arise from the improper use of mediamusicmanager.com or any service offered in connection with it. MMM reserves the right to verify the identity of Users through official documents and the right to pursue legal actions against Users that misrepresent personal information about their identity, by deleting registered accounts with inaccurate, incomplete and/or not truthful statements about their identity.
g) On the site mediamusicmanager.com it is possible to download MP3 files with low quality, where granted by Musicians/Artists owners of the Content, which may be used exclusively for personal and non-commercial use, in accordance with these Terms and Conditions. All wav file downloads are licensed for a fee to the Customer with a limited, non-exclusive, non-transferable and non-sub-licensable license, with any exceptions noted in the license agreement.
2. FREE ACCOUNTS AND PAYMENT SERVICES
a) Registration to mediamusicmanager.com is free. We offer, however, a range of paid subscription services, options or products reserved primarily for Musicians/Artists. If you wish to use these offers and services, you must pay the requested rate associated with the corresponding subscription, in accordance with our policies and rules.
b) The Musician/Artist, to participate in a request-opportunity, is required to pay a predetermined rate for each song proposed ($ 4). It is possible to benefit from different rates provided by the specific subscriptions available here. In the details of the specific Request-Opportunity is indicated the fee ("budget") offered to the participants, onto which MMM will apply, following the selection of the proposed musical content, a commission of 25%. The Musician/Artist will receive the rest.
c) Once the Customer has obtained or purchased the license of a Track on mediamusicmanager.com, it will be his responsibility to fulfill any additional fees for the use of the licenses (for example BMI, GEMA ASCAP, PRS-MCPS or SIAE), unless otherwise specified.
d) Unless otherwise indicated, all rates are in $ and include any taxes.
e) MMM reserves the right to charge fees for certain services, options or products and to modify or discontinue free services, options or products. MMM will inform Users about any changes in the fees applicable to the services offered.
f) MMM has the right to offer partial or total discounts on subscriptions and services offered to Musicians/Artists users, through coupons sent by e-mail or directly on the dashboard. The coupons may have time limits for use, may be included in any awards that MMM grants to one or more users Musicians/Artists, may be nominative or be offered to all users Musicians/Artists at the discretion of MMM.
3. LIBRARY & OPPORTUNITIES/REQUESTS
a) All Content uploaded by the Artist/Musician in the MMM Library, in order to ensure certain quality standards, will need to be previously approved at the sole discretion of MMM. The same rules are applicable to Users holding any paid subscription. MMM is not obliged to justify any failure to approve a Content uploaded by the User (unless otherwise specified in specific subscription plans).
b) Each Musician/Artist has the right to decide whether a piece uploaded on his personal profile can be seen or not on the public MMM Library.
c) Each Musician/Artist declares to accept the predetermined rates from MMM for the sale of the different license types through the Library. In any case, the Musician/Artist can modify, from the personal profile (dashboard), the transfer rate of each individual license, increasing or decreasing the default price.
d) Tracks purchased through the Library by Customers are subject to fees that vary from the type of subscription signed (eg free subscription: 50% MMM and 50% Artist/Musician). The commissions applied on the basis of the specific subscriptions can be consulted HERE.
e) Each commission and rate indicated in these Terms and Conditions are understood as viewed, approved and accepted by each User with the registration of any account.
f) The Artist/Musician has the opportunity to participate in one or more requests/opportunities on the MMM platform. In this case the tracks will be listened to and evaluated directly by the Client who made the Request-Opportunity, at its sole discretion, unless otherwise indicated in the details of the specific Request.
g) The Customer who acquires a license, whether through the Library or following his selection in a Request/Opportunity, has the right to use the Content in the ways indicated by the type of license acquired or according to the specifications indicated in the Request/Opportunity .
h) The Licensee Customer has the right to synchronize the track with other audiovisual works and adapt the track, if necessary, to production (eg shorten the Content, transcode it in a different format, normalize it, cut it, make the necessary copies , add sound effects, etc.), and has the right to promote and publicize the Content on the channels specified by the type of license.
i) MMM reserves the right to cancel any account in the case of uploading or sending offensive, noisy, harassing content, with the loss for the User of any right to use our services and having its credit refunded.
j) The rights related to any Content will always remain the property of the Musician/Artist and/or the entitled persons, unless otherwise indicated in the details for the specific Request.
4. CONTENTS OF THE SITE
a) Users are not authorized to remove, alter or hide information about the rights of ownership incorporated into the mediamusicmanager.com website or related products and services. Users must refrain from reproducing, modifying, adapting, publishing, selling, distributing, licensing or from any other commercial exploitation of the contents of mediamusicmanager.com without the explicit written consent of MMM.
b) Any reproduction of part or all of the Content, in any form, without the prior written consent of the rights holder is forbidden. Without written permission, the contents of mediamusicmanager.com can not be transmitted, stored or displayed on other websites or in other electronic recovery systems.
c) MMM does not hold any ownership of the Contents published by Users in the mediamusicmanager.com portal. By posting on or through mediamusicmanager.com, you grant us the right and non-exclusive, sub-licensable, worldwide and free to use ability to modify, perform and publicly display, make available to the public, reproduce and distribute such Content in connection with mediamusicmanager.com. Users declare and assure that they possess all relevant rights in the Content they publish on or through the mediamusicmanager.com website or otherwise, that they have the right to grant the license stated here and that by publishing their Content on or through mediamusicmanager.com they won’t violate the rights to privacy, advertising rights, intellectual property rights, contractual rights or other rights of third parties. Users undertake to pay all fees, royalties, taxes and anything else due to any person because of any Content posted on or through mediamusicmanager.com.
d) On the site mediamusicmanager.com it is forbidden to copy, modify, translate, publish, transmit, distribute, present, display or sell the contents, with the exception of contents published by MMM users.
e) Users accept and acknowledge that the Contents stored, published or transmitted on or through mediamusicmanager.com may be viewed or may otherwise be accessible by other Users. Users must not upload, email or otherwise transmit content containing viruses or other computer codes designed to interrupt, destroy or limit the functionality of any software or interfere with the access of any user, host or network. At our sole discretion, we may delete any Content that violates these Terms and Conditions, or which may otherwise be offensive or that is inconsistent with the applicable laws and regulations.
f) If you believe that any Content on mediamusicmanager.com infringes intellectual property rights owned or controlled by you, please send a detailed notification of such violation to: email@example.com providing the following information:
I. a description of the content which in your opinion constitutes an infringement of intellectual property rights, including its position on mediamusicmanager.com;
II. a written statement stating in good faith that use of the respective Content has not been approved by the rights holder;
III. your contact details (name, address, telephone number, e-mail address);
IV. a declaration certifying that you are, upon declaration of awareness of the penal sanctions provided for untruthful claims, the holder of rights over the aforementioned contents;
g) Upon having received the appropriate notification of alleged infringements of intellectual property rights, after due investigation, we will promptly remove access to the allegedly infringing Content reserving the right to the closure of the accounts of repeat offenders. No responsibility can be attributed to the MMM for contents illegitimately generated or uploaded by users or third parties, or for any failure or delayed removal of such contents. We also reserve the right to initiate civil or criminal lawsuits.
5. ETHICAL AND MORAL BEHAVIOR FOR ALL USERS
a) Users agree to:
I. not make public contents which are false, misinformative, misleading, illegal, harmful, threatening, offensive, harassing, defamatory, pornographic, invasive of the privacy of others, which degrades, intimidates or is hateful to others on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
II. not include personal or identifying information about another person without the explicit consent of that person;
III. not violate any patent, trademark, trade secret, copyright or other proprietary rights of any part or content that they do not have the right to make available under the law or on the basis of contractual or fiduciary relationships;
IV. not provide unsolicited commercial advertising (for example, affiliate marketing, junk mail, etc.) or any form of advertising or solicitation (including links to commercial services or websites) in areas of mediamusicmanager.com that are not designated for such purposes;
V. not advertise the sale of any service or any item that is or is not prohibited or limited by any applicable law including, but not limited to, items whose sale is prohibited or regulated by Florida state law;
VI. not use misleading email addresses, counterfeit headers or identifiers manipulated in any other way to hide your identity or the origin of the content on mediamusicmanager.com;
VII. not contact other Users for reasons not related to MMM services and the purposes of this website;
VIII. not collect personal information about other Users for commercial or illegal purposes;
IX. not use automated tools, including bots, crawlers, etc .;
X. not attempt to gain unauthorized access to our computer systems or undertake any activity that interrupts or compromises the functionality of the mediamusicmanager.com website.
b) MMM is intended exclusively for the personal use of Users and cannot be used for commercial purposes, with the exception of those expressly specified on mediamusicmanager.com, in these Terms and Conditions, or in the details of specific Requests/Opportunities.
c) MMM has the right to contact a User who makes a Request to verify the identity of the User and the information provided in the Request, reserving the right to approve or not a specific request without indicating the reason.
d) Based on these Terms and Conditions, you may share a link to this website as long as its use is not misleading, illegal or defamatory.
7. DETAILS ON PAYMENT SUBSCRIPTIONS
a) We reserve the right to terminate the subscription of Users at any time without notice and to delete the accounts of Users who have not logged in to the mediamusicmanager.com website for more than 365 days.
b) Subscription services have a term equal to the period selected by the User when the subscription is activated. After this term the subscription expires with all the services included in the subscription. The Musician/Artist will be notified in good time of the expiration of this subscription, with the possibility to renew, change subscription plan or leave it expiring with the corresponding suspension of related services.
c) MMM reserves the right to delete an account or prevent access to MMM services if:
I. a user does not comply with the applicable legal provisions or violates the obligations set forth in these Terms and Conditions;
II. the user causes harm to the image of MMM;
III. the user causes harm to other users.
d) Users do not have the right to request reimbursement of any credits or advance payments if we have restricted the access, or deleted the account, of the User in accordance with these Terms and Conditions;
e) If credit remains following a voluntary deletion of the User, a refund will be made at the request of the interested party, with management costs detracted from it;
8. LIMITED LIABILITY
a) MMM's liability is limited to cases of intentional and grossly negligent damage, unless it is a physical injury or death.
b) The content is not reviewed prior to its publication and does not reflect the opinions and policies of MMM. We make no declarations or guarantees of any kind, express or implied, regarding completeness, accuracy, reliability, suitability, or availability regarding the website or related information, products, services, graphics, or other website content for any purpose. Any reliance on such information is therefore strictly at your own risk. In no case will we be held liable for any loss or damage, including but not limited to, indirect or consequential loss or damage, or any loss or damage resulting from loss of data, money, revenue or profits arising from or in connection with the use of mediamusicmanager.com.
c) MMM allows Users to connect to other websites. These links are provided for your convenience and to provide additional information. We have no control and responsibility for the nature, content and availability of such linked sites and the inclusion of any link does not necessarily imply a recommendation or endorsement of the opinions expressed therein. Furthermore, the transmission of information, files, data, software, e-mails and other messages is not guaranteed.
d) This website undergoes constant changes and updates. Although every effort is made to keep the website running smoothly, we assume no responsibility for the website being temporarily unavailable due to technical issues beyond our control. In any case, we will always have the right to stop the operation of some or all of MMM's services.
e) MMM is not responsible for any material sent by each User. All contents published on or through mediamusicmanager.com are in fact the sole responsibility of the User from which these Contents are originated and MMM can not be held responsible for any errors or omissions relating to any Content. Notwithstanding the foregoing, under no circumstances are we responsible for any incorrect or imprecise content published by users and/or other third parties on this website or in connection with MMM's services, regardless of whether it is caused by users or by any equipment or code related to or used for MMM services.
f) We cannot assume any liability for any loss or damage caused by data, related code and other information on mediamusicmanager.com or on any external website linked to it. In addition, we can’t guarantee the quality, suitability or completeness of any content on the mediamusicmanager.com website or any offer relating to mediamusicmanager.com and herewith we decline all guarantees relating to mediamusicmanager.com, including all guarantees of merchantability, correct functioning, title and non-infringement.
g) MMM does not accept any responsibility for the advertisements published on this website or on the services of third parties, nor for the products or services included in the advertisements.
9. ACCOUNT CANCELLATION
MMM may change these terms and conditions at any time without giving any reason. If these terms and conditions are changed, users will be notified of the changes via e-mail (informative e-mail). Changes are considered accepted unless the User withdraws by requesting cancellation of their account by explicit request to the email address firstname.lastname@example.org.
10. COMPLAINTS AND DISPUTES
In the event of any dispute arising from the services offered by mediamusicmanager.com, the User agrees that the complaint or dispute be referred to an arbitration regulated by the laws of Florida and the Federal Arbitration Act.