End User Agreement

License
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Song
Clap Funk by Fred V & Graphix
Channel
Lickd (UCcyDVcv2mByysfO0i1GjTqA)
Paid
£6.00 based on an average of 50k views per video on February 17, 2018

Restrictions

Usage

Branded channel

Brand sponsored content

Video Description / Attribution

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Download Terms

Lickd is a digital platform which helps online content creators legally use music in conjunction with other content they have created.

We work closely with the music industry to secure the rights you need to use commercial music with your online content. We take care of clearing all the necessary usage rights and then charge an administration fee for delivering the music to you.

  1. Definitions

The terms below shall have the following meaning when used in these Download Terms:

Applicable Laws” means all applicable laws, statutes and regulations from time to time in force in any jurisdiction in which you make your Content available;

Composition(s)” means the underlying works (comprised of a musical work and a literary work) in the Recording(s);

Content” means the audio or audiovisual content into which you are incorporating the Recording(s);

End User” (or “you”, “your”) means an individual who has downloaded the Recording(s) via the Website pursuant to these Terms, either in his or her personal capacity, or on behalf of a business;

Fee” means the applicable fee for the Order, as indicated when completing the order process on the Website;

Lickd” (or “us”, “we” or “our”) means Lickd Ltd, a company registered in England and Wales (company number: 10415210) whose registered address is 3rd Floor 114a Cromwell Road, London, United Kingdom, SW7 4AG;

Restrictions” means any of the Restrictions set out at Schedule 2 to this Agreement;

Order” means the order you made on the Website to use the Recording(s) for the Permitted Use;

Permitted Use” means the uses identified on the cover sheet and explained in further detail at Schedule 1 to these Terms;

Recording(s)” means the specific sound recording(s) which you have chosen to obtain a limited permission to use under these Terms, as identified on the cover sheet;

Term” means the duration for which you will be permitted to use the Composition and the Recording for the Permitted Use. The Term shall be perpetuity.

Terms” means these Download Terms, including the cover sheet and Schedules hereto;

Territory” means the world;

Website” means the website currently available at https://lickd.co; and

Website Terms of Use” means the Terms of Use for the Website found at [insert hyperlink once updated Website Ts and Cs are finalised].

  1. General

  1. Usage rights

  1. Our obligations
  2. Your obligations

By entering into these Terms, you agree:

  1. Fee

  1. Term and Termination
  2. Right to Cancel

  1. Liability

  1. To the extent permitted by Applicable Law, we shall not be liable to you or any third party for any losses of any kind arising under or in relation to your use of the Website (including the downloading of a Recording) or any other services provided by us to you, including but not limited to: (i) any loss of profits, business, sales, goodwill or revenue; (ii) loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material; (iii) any consequential, incidental, punitive or special loss or damage whatsoever, whether or not such loss or damage arises directly or indirectly and whether or not of the type described in (i) or (ii); regardless of whether any action or claim is based on contract or in tort (including negligence) or any other legal theory of liability, and even if either party was aware of the possibility of such loss or damage.
  2. Nothing in these Terms of Use will affect your legal rights and remedies provided to you under consumer laws in the country in which you are located when making the Order.
  3. Indemnity

You shall indemnify and shall keep Lickd fully and effectively indemnified against all claims, costs, damages, expenses (including legal fees) incurred by Lickd arising out of or in connection with any breach by you of any of the terms, representations or warranties within these Terms, including any use of the Recording or the Composition other than in accordance with the Permitted Use.

  1. No Waiver

No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy; nor shall it preclude or restrict the further exercise of that or any other right or remedy.

  1. Transfer and Assignment

  1. Survival

If any court or competent authority finds any provision of these Terms invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

  1. No amendment

No amendment shall be made to it except in writing by all parties hereto.

  1. Governing Law and Jurisdiction

These Terms shall be construed according to the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

  1. Entire Agreement

These Terms shall constitute the entire agreement between you and us concerning the subject matter hereof and the parties thereto shall enter into it solely on that basis without reliance on any other representations whatsoever (other than those expressly stated in this Agreement).

Schedule 1 – Permitted Uses

Only those uses identified on the cover sheet to this Agreement shall be Permitted Uses.

The two potential Permitted Uses are:

A. Non-brand sponsored (all licensed online platforms incl. YouTube)

Use of a Recording for background and incidental usage to a video uploaded onto the creator’s channel website & social media sites including YouTube and other platforms where the creator may potentially receive revenue from advertising displayed relative to the video. This covers videos created for the following channel types including, without limitation: Comedy, Education, Entertainment, Film, Gadget reviews, “How-to” Videos, News, People, Science, Sports, Travel & Vehicles, Videos about Animals and Natural History or other reasonable editorial content.

B. Brand sponsored (all licensed online platforms incl. YouTube)

Use of a Recording for background & incidental usage to a video uploaded onto the creator’s channel website and social media websites including YouTube and other platforms where the creator may potentially receive revenue from advertising displayed relative to the video. This covers videos in which the creator has received payment or another incentive to feature the products, trademarks or other branding of a sponsor and which have been created for the following channel types, including without limitation: Comedy, Education, Entertainment, Film, Gadget reviews, “How-to” Videos, News, People, Science, Sports, Travel & Vehicles, Videos about Animals and Natural History or other reasonable editorial content.

Schedule 2: Restrictions

These Terms do not grant you the right:

- to make any use of the Recording(s) and Composition(s) not expressly authorised within them;

- to use the Recording(s) and /or  Composition(s) for online advertising content, including pre-rolls, skyscrapers or other paid-for third party media placements;

- to change the lyrics or the fundamental character or integrity of the Recording(s) and / or Composition(s), including making any adaptations or derivative works of same or any right to use the title (other than to identify the name of the Recording and / or performing artist) on the platform to which the Content is uploaded;

- to create or use so-called “Art Track” videos consisting of the sound recording, artwork and metadata about the Recording only or videos using the Recording but only featuring the lyrics of such Composition;

- to use the licensed Recording(s) and Composition(s) for streaming or other exploitation including by way of linking or making available to download via website, bittorrent, or other file sharing services wholly or otherwise or for any other purpose other than as embodied in an audiovisual format;

- to use the Website or the Recording(s) or the Composition(s) in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of third parties;

- to include any defamatory, obscene, threatening, abusive or hateful material in any Recording(s) or Composition(s) for example without limitation using the Website or the Recording(s) or the Composition(s) in connection with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography, tobacco, politics and religion or otherwise than in accordance with normal standards of decency;

- to right to claim any ownership of any Recording(s) and Composition(s) (including any adaptations or derivatives of same) uploaded and identifiable by any recognition or tracking software on any platform. Ownership of any Recording(s) and Composition(s) remains with the rights owner.