TERMS AND CONDITIONS:
Please note, different usages and particulars require different agreements. The following provides an overview of the general standard terms.
THE FOLLOWING TERMS AND CONDITIONS COLLECTIVELY GOVERN YOUR ACCESS AND USE OF ALL MUSIC AND AUDIO (COLLECTIVELY, “CONTENT”) LOCATED ONLINE AT WWW.MUSICDISPENSARY.COM (“WEBSITE”), AND CONSTITUTE A BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND MUSICDISPENSARY.COM.
BY AUDITIONING, DOWNLOADING, OBTAINING OR USING ANY CONTENT FROM THE WEBSITE, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, DO NOT DOWNLOAD, OBTAIN OR USE ANY CONTENT FROM THE WEBSITE.
MUSICDISPENSARY.COM CURRENTLY PROVIDES YOU WITH A "PLAYBACK ONLY" PLAYER. YOU AGREE THAT ALL AND ANY DOWNLOAD OR RE-RECORDING OF ANY KIND WHETHER FOR PRIVATE OR COMMERCIAL USE OF ANY KIND WHATSOEVER IS EXPRESSLY FORBIDDEN UNTIL MUSIC DISPENSARY.COM AND YOU HAVE ENTERED INTO AN AGREEMENT AND SUCH AN AUTHORIZATION HAS BEEN GRANTED TO YOU TO HAVE OFFLINE USE OF AUDIO FILES OF ANY OF THE SAMPLES REPRESENTED ON THE WEBSITE.
All capitalized terms shall have the meaning set forth in Section 8 herein (entitled “Defined Terms”) and elsewhere in these terms and conditions.
2. AUTHORIZED USES
Subject to the terms and conditions of this agreement, MUSICDISPENSARY.COM grants You the right to browse the Content online solely and only for the purpose of Your internal evaluation to determine whether You intend to obtain a valid Music License for the Content from MUSICDISPENSARY.COM. No synchronization licenses, master use licenses, public performance licenses or any other rights or licenses are granted or implied by such browsing. If You wish to obtain a valid Music License to use the Content in a manner not permitted by this agreement, You must contact a duly authorized representative of MUSICDISPENSARY.COM and pay the applicable fees.
MUSICDISPENSARY.COM and its Content sources retain all right, title, and interest in and to all copyrights and other proprietary rights in the Content.
4. LIMITED WARRANTY AND DISCLAIMER
MUSICDISPENSARY.COM warrants that it is the owner or a licensee of all rights in the Content and that it is has sufficient rights to enter into this Agreement as well as to enter any subsequent licensing agreement and grant You the rights specified in our terms and conditions.
4.a. MUSICDISPENSARY.COM, on behalf of itself and any Content sources, makes no other warranty, express, implied or statutory, regarding any content, its online systems, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
5. LIMITATION OF LIABILITY
You agree to indemnify and hold harmless MUSICDISPENSARY.COM and its Content sources, officers, directors, employees, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, cost and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) the use of, or the inability to use, Content, Website or related services, including, without limitation, loss of revenue or anticipated profits, or lost business, data or sales.
6. DEFINED TERMS
(a) “Music License” means the Synchronization License/Rights Agreement that MUSICDISPENSARY.COM will provide You and require You to sign, after a fee has been negotiated by You and MUSICDISPENSARY.COM and paid by You to MUSICDISPENSARY.COM, which will grant You synchronization rights to Content as specified in such agreement.
7. GOVERNING LAW
This Agreement is governed by the laws of the state of California, United States of America. All disputes arising hereunder will be settled by binding arbitration, conducted in accordance with the rules of the American Arbitration Association, said arbitration to be heard in Los Angeles, California, and judgment on any award rendered as a result of any such arbitration may be entered into any court having competent jurisdiction, or any application may be made to any such court for judicial acceptance of the award and for an order of enforcement thereof, as the case may be. The prevailing party in any dispute arising hereunder will be entitled to an award of reasonable attorney’s fees and costs. The parties shall chose one (1) arbitrator in accordance with the rules of the American Arbitration Association or as they may otherwise later agree to in writing. The arbitrator shall be a music industry professional or an individual with music industry experience or expertise. The parties shall choose the arbitrator no later than fifteen (15) days after notice is received by the parties from the American Arbitration Association that a demand for arbitration has been filed with it.
8. CHANGES TO THIS AGREEMENT
This Agreement is subject to change. Your continued use of the Website after such modifications will constitute your acknowledgement of the modified Agreement, and your agreement to abide and be bound by the modified terms and conditions. Please review this Agreement from time to time so that you will be apprised of any changes. This Agreement shall not be modified in any other way except by a written agreement signed by duly authorized representatives of MUSICDISPENSARY.COM, provided that no purchase order or similar document issued by You shall modify this agreement even if signed by MUSICDISPENSARY.COM.
This Agreement and any listed restrictions constitute the entire agreement between the parties hereto with respect to its purpose and it supersedes any prior contract or agreement whether written or oral, between the parties herein. If any provision of this agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such a manner as comes closest to the intentions of the parties to this agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that You may not assign or transfer this Agreement without MUSICDISPENSARY.COM.’s prior written consent.
© 2020 Mark Tschanz / musicdispensary