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Stockmusic.net

Sync License (Media Producers License)

This Media Producer’s Sync License Agreement (“License“) is between Soundtrack, LLC. doing business as StockMusic.net (“Stockmusic.net“), and <Customer name> (“You“). By purchasing this license, when combined with a valid invoice, You agree to be bound by the following terms and conditions of this License.

Your usage of the audio Track is subject to your acceptance of these License terms, StockMusic.net’s Terms of Use (https://stockmusic.net/terms-of-use) (“Terms of Use“), and your payment of the applicable License fee. Your use of the Track indicates your acceptance of these terms and the Terms of Use.

1 – Definitions:

Track: A specific piece of recorded audio available for license and download from stockmusic.net, including its musical composition.

Artist: The creator and/or copyright holder of the Track.

Production: A created piece of media that the Track is synchronized with.

Derivatives and Derivative Work(s): A new Track or musical work created from this Track, that has been transformed or edited, and/or mixed, recorded or performed with other instruments or vocals to the music.

Subscription Purchase: Any product acquired under one of our subscription plans. If you were subscribed to one of our plans at the time the product was acquired, then that transaction shall be called a “Subscription Purchase”.

Individual Purchase: Any product acquired not under a Subscription Purchase. This includes acquiring a subscription plan.

Your usage of the audio Track is subject to your acceptance of these License terms, Stockmusic.net’s Terms of Use (https://stockmusic.net/terms-of-use) (“Terms of Use”), and your payment of the applicable License fee. Your use of the Track indicates your acceptance of these terms and the Terms of Use.

2 - Your Rights to the Track:

  1. Mechanical rights: The right to re-record, duplicate and release the music as part of your production in whatever medium you choose.
  2. Synchronization Rights (also called “Sync” rights): The right to use the music as a soundtrack "synced" with visual images or other audio as part of your production.
  3. What You May Do: You may combine the Track with an audio/visual Production. A Production may be from the following use cases, but not limited to: I. Personal Use
    1. Personal Use
    2. Web
    3. Advertising, promotional, branded content.
    4. Podcasting and radio content
    5. TV and Film, including broadcast and cable, public and private screeningsVI. TV: Over The Top VT “OTT”, streaming, youtube, facebook, internet and web series
    6. Software Applications and Digital Games
    7. Presentations and Trade shows
    8. Educational materials, presentations and shows
    9. Non-Profit
    10. Church and Worship
    11. Embedded into a product, including but not limited to greeting cards,stuffed toys, games and talking toothbrushes.
    12. Other media usages
  4. Usage Limits:You may use the Track in an unlimited number of Productions without purchasing an additional License.
  5. License Transfer: You are free to transfer these rights to third parties (“Transferred Rights”), however the Track can only be used by the third party as part of that Production. The Transferred Rights are invalid separate and apart from its inclusion in the Production. This License itself is non-transferable and non sublicensable, meaning that you cannot license the rights to the Track to anyone else outside of your final Production.
  6. Modifications to the Track:You may modify the Track solely for the purpose of synchronizing the Track effectively to the Production. Modification of the Track is limited to the following:
    1. Clipping or cropping the Track for length
    2. Modifying tempo and playback speed
    3. Fade-in/Fade-out to accommodate audio transitions
    4. Looping and repeating sections of the Track
    5. Applying audio effects to emulate environmental or playback conditions, like reverb, echo, feedback, etc. or modifying tone with an equalization device. VI. Mixing additional audio effects or audio clips or voice overs to the Track. VII. The above modifications may be made and the structure of the music may change by these modifications, however the original composition must remain distinctly recognizable.

3 - Restrictions to Your Use of the Track:

You may not use the Track except as permitted above. You may not:

  1. Claim ownership, copyright or authorship of the Track, or any Derivatives of theTrack created or otherwise, represented under this agreement.
  2. Transfer, share or sub-lease this license agreement with any other party asidefrom the terms defined in section 2e titled: “License Transfer”.
  3. Sell the Track outright to any other individual or party (although the Track can be included as a synchronized part of your production which can be sold, which must be a clear and distinct product from the music itself.)
  4. Sell, use, or otherwise make the Track available on digital and/or physical media including but not limited to CDs, audio streaming service, or as digital downloads.
  5. You may not resell the Track as part of any competing product such as music compilation or music library.
  6. Play the Track in a public setting. This License does not grant public performance rights to the Track, and you, or any other party that publicly plays the Production, will be responsible for securing and paying for all public performance licenses for the Track included in a Production.
  7. Create a new Derivative Work and claim it as your own product or as your music song, even if it has been transformed or edited.
  8. Claim copyright, representation or ownership through YouTube’s Content ID, or any other such system, even if synchronized with your own Content.
  9. If the music is used in software such as an application, video game or other software product, the music must be "embedded" such that the end user of the software or video game is unable to access, extract or use the music file on its own as a stand-alone musical piece.

4 – License Transfer

This License is non-transferable and non-sublicensable, meaning that you cannot license the rights to the Track to anyone, outside of your final Production.

a) If you acquired this Track using an “Individual Purchase” or, with a “Professional” tier “Subscription Purchase” as stated on Your invoice:

You are free to transfer these rights to third parties (“Transferred Rights”), however the Track can only be used by the third party as part of that Production. The Transferred Rights are invalid separate and apart from its inclusion in the Production. The Transferred Rights do not and will not apply to any new Production created using the Track.

b) If you acquired this track with a “Creator” or “Non-Profit” tier “Subscription Purchase” as stated on your invoice:

You may not transfer nor sub-license this Track. Transferring the Production to a third party requires the third party to obtain a new License.

5 – Copyright and Ownership:

This is a license to use the Track, and you do not own nor obtain any ownership rights in the Track or any Derivative Works, current or future. You may not claim that you are the original creator of the Track or any part of the Track. All rights not granted to you under this License are reserved by Stockmusic.net.

6 – Term:

This license is only valid for Tracks purchased with an “Individual Purchase”, or for Tracks purchased with a “Subscription Purchase”, if the Production was completed while You are bound to the Subscription.

For any Production created after ending Your subscription plan, with any Track acquired with a “Subscription Purchase”, then this license is NOT valid and no longer bound to You and Your Production.

Except for Stockmusic.net’s right to withdraw the Track under Section 9 “Withdrawal”, this License is perpetual and you may use this Track indefinitely.

7 – Territory:

There are no territory boundaries or political boundaries on the usage of the Track.Usage of the Track is allowed world-wide.

8 – Public Performance Rights:

This license does not include public performance rights. All such public performance licenses, cue sheets and usage reporting are the exclusive responsibility of You. Stockmusic.net provides cue sheet information on all licensed Tracks.

9 – Attributions:

If you use the Track in an audio or visual Production, you may provide credit to the Track artist and to stockmusic.net by using the following format:

[Track Name]
Artist’s Name]
Provided by Stockmusic.net

Attribution is not a requirement, but highly encouraged and appreciated.

10 – Withdrawal:

Stockmusic.net takes extreme precaution to ensure all our audio is fully cleared for licensing. However, on rare occasions, copyright issues can arise. If Stockmusic.net becomes aware of any problem with the rights to the Track, it may require you to do one or more of the following:

  1. Remove or replace the Track in the Production(s).
  2. Stop use of all Productions that use the Track.
  3. Use best efforts to ensure that anyone using the Production stops using it

If this situation occurs, Stockmusic.net will make commercially reasonable efforts to inform you of the situation and our recommendations

If You are presented with a notice of copyright infringement from any third party, including from YouTube Content ID, either legitimate or or ill-legitimate, You are required to report it to Stockmusic.net. Stockmusic.net will advise You on what further actions to take.

In the case where you receive a Take Down Notice (“Take Down Notice”) from Stockmusic.net, You may request Stockmusic.net to either: (a) refund your payment of the License Fee in the equivalent number of Credits (as defined in the Terms of Use); or (b) provide you with a replacement track.

11 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

STOCKMUSIC.NET PROVIDES THE TRACK “AS IS” AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. STOCKMUSIC.NET DOES NOT REPRESENT OR WARRANT THAT THE TRACK WILL MEET YOUR REQUIREMENTS. STOCKMUSIC.NET WILL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. STOCKMUSIC.NET’S SOLE AND EXCLUSIVE REMEDY TO YOU IS REFUNDING YOU THE LICENSE FEE OR PROVIDING YOU WITH A REPLACEMENT TRACK.

12 – Indemnification:

You will defend, indemnify, and hold harmless Stockmusic.net and its affiliates, licensees, officers, directors, employees, and agents from all and against all third-party claims, damages, costs and expenses, including attorneys’ fees (“Claims”), arising out of or in connection with (a) your use of the Track outside of the scope of this License; and (b) any other actual or alleged breach by you of this License.

13 - Termination for Breach:

Stockmusic.net will terminate and revoke this License, effective immediately upon written notice to you if: (a) you use the Track outside of this License; (b) if it does not receive the License fee; or (c) you otherwise breach this License. Upon termination, you must immediately stop all uses of the Track and delete all copies of the Track.

Failure to comply with Stockmusic.net’s request to remove or stop use of the Track may constitute willful infringement under the Copyright Act. All sections of this license except section 2 “Your Rights to the Track” will survive termination of this License.

14 – Taxes:

All License fees are exclusive of taxes, which are your responsibility.

15 - Miscellaneous:

This is an independent contractor relationship, and no joint venture, partnership, employment, or agency relationship is formed under this License. This License represents the entire agreement between you and Stockmusic.net with respect to the Track and supersedes all prior discussions and understandings. Modifications to this License will not be binding unless you and Stockmusic.net agree in writing. You may not assign this License without Stockmusic.net’s prior written consent, and Stockmusic.net may assign this License in its sole discretion. If you breach this License, Stockmusic.net will be entitled to an injunction without bond to restrain your breach. If any part of this License is deemed unenforceable, the remainder of the License will remain intact. This License is governed by the laws of the state of Delaware, without regard to choice of law provisions, and you agree to the exclusive jurisdiction and venue of the state and federal courts in Delaware.

Last Updated: November 22, 2023