Terms and Conditions
This Agreement grants to you, the buyer, a continuous, non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual license, limited to the terms of this Agreement, to play the downloadable Music Tracks made available by FiftySounds through this purchase, as background music in a public place, under the following conditions:
a) This license is limited to a single space (a shop, store, bar, restaurant, hotel, hospital, supermarket, educational center, etc). If the buyer would like to set the ambiance for 2 or more spaces, he/she would need to purchase the music license for 2 or more stores.
b) The space to ambience may have an unlimited surface in square meters.
c) This license of use exempts the buyer from having to pay fees to any copyright management society, performing rights society, and intellectual property rights society.
d) This license, purchased through a one-time payment (not through a subscription model), allows the purchaser to set the space with background music forever.
Once the payment has been made, the buyer will have access to a page allowing them to download 400 Music Tracks in mp3 format. This license authorizes the buyer to reproduce the selection of Music Tracks on any analog or digital media in order to broadcast the selection of Music Tracks in a public space.
Limitations of Use
You are NOT authorised to:
a) Sell, transfer, sublicense or assign the Music Tracks or the rights to the Music Tracks granted under this Agreement to any other party.
b) Resell the Music Tracks by themselves or as part of a package.
c) Make any direct use of the Music Tracks, particularly making the Music Tracks available through direct download or as part of
a compilation.
d) Claim to be the creator or copyright holder of the Music Tracks.
e) Make any use of the Music Tracks in a way that is fraudulent, illegal, defamatory, offensive, discriminatory or in a
manner that promotes, solicits or encourages the infringement of intellectual property rights, including the
Author's moral rights.
Ownership
You hereby acknowledge that the Author is and remains the owner of all rights, titles and interest in the Music Tracks, including, without limitation, any copyrights therein. This license is non-exclusive and the Author retains the right to sell licenses of the Music Tracks to third parties at its sole discretion.
Performing rights
The Music Tracks are royalty-free; they are not registered with any copyright management society (P.R.O.), but the Author cannot guarantee you will not be required to pay performing rights fees or any other similar fees to local performing rights organizations or similar collecting societies under specific local statutes or legislation.
Fees
In consideration of the grant of the license contained in this agreement, you agree to pay a fee plus all applicable taxes and VAT. The order is final, non-cancellable and non-refundable. You are responsible for providing a valid payment method for the payment of any fee and related charges. You agree to receive all invoices electronically, including by email.
Availability
The Author makes all reasonable efforts to ensure that the Music Tracks comprising its online library are available at all times. However, the Author makes no representations or warranties that the Music Tracks will be available at all times. The Music Tracks are provided on an "as is" basis; you are responsible for owning the hardware and software necessary to play the Music Tracks.
Limitation of Liability
The Author accepts no responsibility for any loss of business, loss of opportunity or business profits resulting directly or indirectly from the performance of the Music Tracks. The total liability of the Author under this agreement arising from your use of the Music Tracks shall be limited to the license fee paid by you for such Music Tracks. You hereby agree that this license is granted to you without any other warranty or recourse. Furthermore, the Author shall not be liable for any cost, claim, damage or loss resulting from a modification made to the Music Tracks by you or the context in which the Music Tracks are used.
Representations and Warranty
The Author warrants that your use of the Music Tracks in accordance with this License agreement does not infringe upon the rights of any third party, including copyrights and rights of privacy or publicity. You represent and warrant all necessary rights and authority to enter into and perform this agreement; if licensing the Music Tracks on behalf of a third party, you are authorized to act as an agent on behalf of that third party and have full power and authority to bind the third party to this agreement, and you shall be bound and liable for any failure of such third party to comply with the terms of this agreement.
Reservation of Rights
All rights which are not expressly granted by the Author to you pursuant to this agreement are specifically reserved by the Author. Except as expressly set forth in this agreement, nothing contained herein shall be deemed to convey or transfer to you any ownership interest, including copyright, in or to the Music Tracks.
Breach and Termination
In the event of a breach by you, the Author may terminate this agreement and revoke any licenses granted herein. Such termination shall take effect immediately upon notice to you, and you shall immediately cease using the Music Tracks in any project and in any manner.
Other License Terms
This agreement shall be governed by and construed according to the laws of Madrid, Spain.