AGE RESTRICTIONS. Individuals under the age of 13 are prohibited from accessing the Web Site without verified parental consent furnished to the Company in accordance with the Children’s Online Privacy Protection Act of 1998. You hereby represent and warrant that you are 14 years of age or older. SOME AREAS OF THE WEB SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
PUBLISHING OF CONTENT. You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on the Web Site, including without limitation, information, code, data, text, software, music, sound, links, photographs, pictures, graphics, video, chat, messages, files and any other materials (Content) . You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent and warrant that you have all legal rights necessary to publish any Content on the Web Site or that you own such Content. You hereby acknowledge and agree that the Company shall, at all times, have the right to refuse to include and or to cause the removal of any or all of your Content for any reason at its sole discretion. You hereby acknowledge and agree that the Company may, at its sole discretion, disclose your Content in order to:
(i) comply with law enforcement, court orders, or the legal process; and/or
(ii) protect the rights and safety of individuals; and/or
(iii) settle disputes over intellectual property ownership.
The Company, Song Piper or MetaTunes Publishing, LLC. owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Web Site, or via the Web Site, by third parties not within the control of the Company. It is our policy not to permit materials known by us to be infringing to remain on this Web Site. You should notify us promptly if you believe any materials on this Web Site infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (DMCA), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted in writing to the following Designated Agent for this Web Site:
You agree to provide complete and accurate information when registering to use this site. Upon registration, you will choose a private username and password. You agree to use your username and password only to purchase licensing services and conduct business on behalf of yourself or the organization you represent. You will not permit others to use your username or password for any reason.
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of your password or from use by any person of your password to gain access to your account or account name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk.
MetaTunes Publishing LLC DBA Song Piper reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, at our sole discretion.
By sending us or uploading any of your Content for use on the Website, you grant to Song Piper a royalty-free, worldwide, transferable, nonexclusive, right and license in such Content, in all media existing now or created in the future: (i) to permit you to use the Artist Promotion Service to market and sell Products, and (ii) to promote, market and advertise your Products or the Song Piper Service generally or wherever we advertise our services or Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products, (ii) promotional “streams” of audio Content on the Website, and (iii) Product or Content placement in magazines, television shows, movies, web sites, MetaTunes advertisements, and other media. Song Piper may sublicense the rights that you grant it in this Section. This Section only gives Song Piper the right to use your Content for the purposes stated above, and does not give Song Piper ownership of any of your Content.
This website allows you to purchase a service where Song Piper acquires mechanical licenses for the reproduction of musical compositions on your behalf, prior to your distribution of phonorecords or digital recordings. You tell us the number of reproductions (100, 1000, etc) that you need.
Metaverse Radio, LLC. or MetaTunes Publishing, LLC. calculates the royalty that must be paid to publishers under the U.S. Copyright Act for use of the musical compositions, based upon the statutory royalty rate in effect at the time of your purchase. You pay those royalties to us, along with our licensing service fee, and we obtain the license from the appropriate publisher or copyright holder and we pay that publisher or copyright holder the royalties on your behalf. This is the exact same process handled by much more costly licensing agents.
This website does not allow you to obtain licenses for medleys, samples, or synchronization rights. You must contact the rights holder(s) for such uses.
Under U.S. Copyright Law, a mechanical license must be obtained from the copyright owner of the applicable musical composition prior to the manufacture or distribution of digital or physical phonorecords or Digital Recordings. Under certain circumstances, even if the copyright owner can’t be found, or refuses a license, a so-called “compulsory license” can be obtained. Importantly, a compulsory license may only be obtained by serving a “Notice of Intention to Obtain a Compulsory License” on the copyright owner or their agent, before or within 30 days of making, and before distributing, any phonorecords (including digital copies).
When requesting our licensing services, you agree and warrant that you will provide accurate information, including song title, songwriter, publisher, track length and any other information requested, for the songs that you wish to license. We are not responsible if licenses cannot be obtained, if the incorrect license is obtained, or if you pay insufficient publisher royalties as the result of inaccurate information in license requests.
Should you violate these Terms and Conditions or any other rights of Metaverse Radio, LLC. or MetaTunes Publishing LLC. or any third parties, including, without limitation, infringing the copyrights of our licensors, or any other third party, or manufacturing, reproducing or distributing any recording embodying musical compositions beyond the number or type of mechanical licenses requested, Metaverse Radio, LLC. or MetaTunes Publishing LLC and its licensors reserve the right to pursue any and all legal and equitable remedies against you, including without limitation, terminating any and all user accounts; in such event, you also agree to indemnify us against any claim by such licensors or other third party in accordance with section 8 below.
You consent to receive communications and your Licensing Agreement from Harry Fox Agency electronically through our licensing agreement. You agree that all agreements, licenses, notices and other communications provided to you in electronic format satisfy any legal requirements that such documents or communications be in writing, and that such documents and communications have the same force and effect as though they had been provided in non-electronic form.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND METAVERSE RADIO, LLC. OR METATUNES PUBLISHING LLC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE FUNCTIONS EMBODIED IN THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. METAVERSE RADIO, LLC. OR METATUNES PUBLISHING LLC. MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RESPONSIBILITY AND RISK. RIGHTS FLOW NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE.