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To use our music in your film, TV broadcast, video game, radio advertisement, software, or at a public event, please contact us via our contact to discuss commercial licensing.
CONTENT CREATOR BEATS END USER LICENSE AGREEMENT
By making use of the music, compositions, and/or sound recordings (the “Property”) provided by Content Creator Beats (the “Licensor”), the individual or entity licensing the Property (“Licensee”) is consenting to be bound by and is becoming party to this Agreement. If the Licensee does not agree to all of the terms of this Agreement, the Licensee must not use the Property.
1.0 License Agreement. This Agreement sets forth the terms and conditions of use of the Property. The Property shall be distributed by Licensor as “Content Creator Beats” on identified platforms, including but not limited to Pretzel Rocks, Spotify, Apple Music, YouTube, and Dropbox.
2.0 License Grant. Licensor hereby grants to Licensee a worldwide, non-exclusive, limited, freely revocable, royalty-free, non-assignable, and non-transferable license and right to:
2.1 Publicly perform the Property solely in connection with live-streamed content and on-demand video content (“ User Content ”) on the internet to audiences where live-streams and on-demand video content are customarily exhibited, including but not limited to Twitch.tv, YouTube, Facebook, TikTok, and related channels (“ Platforms ”). Notwithstanding the foregoing, the rights granted herein include the right to non commercially publicly perform the Property as incorporated in the User Content, as limited in Section 3.0 herein;
2.2 To use the Property in synchronization or in timed relation with User Content; and
2.3 To make copies of such Property for distribution on the Platforms only to the extent that any such Property is embedded into the User Content.
3.0 Prohibited Conduct. Except as otherwise explicitly permitted in this Agreement, Licensee may not:
3.1 Utilize the Property for any Commercial Purpose. A “ Commercial Purpose ” is be defined as, but is not limited to, (a) charging a subscription fee for access to User Content whereupon the Property is embodied or publicly performed; (b) selling exclusive, paid access to User Content which contains or otherwise embodies the Property; (c) changing an admission fee to an event or performance of User Content wherein the Property is embodied or otherwise publicly performed; or (d) creating, distributing, or selling derivative works of the Property beyond the scope of this License. For avoidance of doubt, “Commercial Purpose” shall not include use of the Property as embodied in User Content, whether in whole or in part, which is passively monetized through generation of viewer donations, third-party sponsorships, and/or subscription-based payments via a third-party agreement with the Platform;
3.2 Make available, reproduce, distribute, resell, sublicense, or publicly perform the Property separately from the User Content into which the Property has been embodied;
3.3 Implicitly or explicitly imply any connection with, sponsorship or endorsement by Licensor of Licensee, Licensee’s use of the Property, or any product or service without the separate prior written permission of Licensor; or
3.4 Attempt, in any capacity, to claim ownership over the Property.
4.0 Proprietary Rights. Title, ownership rights, and intellectual property rights in the Property shall remain in Licensor.
5.0 Limited Waiver, Compulsory License. Licensee will be under no obligation to pay Licensor royalties for the use of the Property.
6.0 Representations and Warranties.
6.1 Licensee represents and warrants that:
6.1.1 Licensee is at least 18 (eighteen) years of age and otherwise legally competent to read, understand, and accept the provisions of this Agreement;
6.1.2 Licensee is not prohibited from receiving or using the Property under applicable laws;
6.1.3 Licensee will not violate the terms of this Agreement; and
6.1.4 Licensee’s performance of this agreement will not violate any third-party rights or any applicable law.
7.0 Limitation of Liability. Licensee hereby agrees to release Licensor from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of Licensee’s use of the Property.
8.0 Indemnification. To the maximum extent permitted by applicable law, Licensee agrees to indemnify, defend and hold harmless Licensor, its managers, members, owners, officers, directors, employees, agents and third parties, and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney's fees) arising from (i) Licensee’s misuse of the Property; (ii) Licensee’s violation of this Agreement, including its warranties and representations; and (iii) Licensee’s violation of any third party right, including without limitation any copyright, intellectual property, or privacy right arising out of or related to use of the Property.
9.0 Disclaimer of Warranties. LICENSOR OFFERS THE PROPERTY AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE PROPERTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF DEFECTS, WHETHER OR
NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO LICENSEE.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE PROPERTY.
10.1 Entire Agreement, Integration. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior agreements or understandings, whether oral or written. Each party acknowledges that it is not relying upon any warranty, representation, or promise made by any other party hereto in agreeing to this Agreement.
10.2 Modification, Revision. Licensor may modify the terms of this Agreement at any time without notice to Licensee by posting the revised Agreement via Content Creator Beats website. Each revision will state its effective date, which will be on or after the date in which it is published. Your continued use of the Property following this effective date constitutes your acceptance of the revised Agreement.
10.3 Governing Law; Prevailing Party, Attorneys’ Fees; Severability. This license and the rights and liabilities of the parties, shall in all respects be interpreted under the laws of the State of Washington, and any action to enforce or interpret the terms hereof shall be brought exclusively in the courts of King County, Washington. If any provision of this License is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. If any legal action or other proceeding is brought for any breach of this Agreement by either Party, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
If you have any questions or comments about this Agreement, please contact us at email@example.com