REGISTRATION. In order to gain access to the services (the “Services”) offered by the Web Site, you will need to register as a user. Either you or Song Piper or MetaTunes Publishing, LLC , ( the Company) may terminate your user registration at any time. Upon termination of your registration as a “user”, you will no longer be allowed access to the Web Site or the Services offered through the Web Site. You represent that all information you provide during the registration process and at any time thereafter (Registration Information) will be true, accurate, complete, and current and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. The Company may use all Registration Information, subject to the Company’s compliance with the Company Privacy Policy that can be found here (the Privacy Policy). This Agreement includes terms and conditions set forth in the Privacy Policy. By indicating your agreement to this Agreement, you are consenting to have your personal data used by the Company as set forth in the Privacy Policy.
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:
This website is owned and operated by MetaTunes Publishing LLC DBA Song Piper (The Company). All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, and all related rights, are the exclusive property of the Company, Song Piper. or MetaTunes Publishing LLC. All elements of this website are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property. Upon accepting these Terms of Use and entering into the Agreement with us, and subject to your full compliance with the Terms of Use, you are granted a revocable license to access this website’s services. You acknowledge that we may terminate or limit your access to the site at any time, including, without limitation, for any breach of these Terms of Use, with or without notice.
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.
You agree and warrant that you will not use this website for any purpose that is unlawful or prohibited by these Terms of Use. You further agree that you will not use this website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party’s use of the website.
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.
You agree to limit your use of the musical compositions to the format and number of reproductions that you request us to license on your behalf. Because you are asking us to acquire a specific number and type of licenses, we must emphasize that any use of the musical compositions in format(s) or numbers of reproduction not requested is a violation of these Terms of Use and may also violate the rights of the applicable publisher or copyright holder. By way of example, if you request mechanical licenses for 100 DPDs that you intend to offer for download or sale, you are not authorized to reproduce the musical compositions in physical or ringtone format without further licensing. In addition, you are not authorized to produce or sell more than 100 DPDs. The 101st DPD requires an additional license. It is your responsibility to ensure that additional mechanical licenses are requested BEFORE you offer the 101st DPD for download or sale. If you get to that point, that’s great. Just come back and we will set you up for the next 100 or more!
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.
These Terms of Use shall be interpreted and governed under the laws of the State of New Jersey, without reference to conflict of laws or the provisions of the United Nations Convention on Contracts. The venue for any and all disputes arising under these Terms of Use or an applicable Licensing Agreement shall lie exclusively in the state and federal courts of New Jersey, in Atlantic County. You agree not to contest personal jurisdiction or venue of these courts. Notwithstanding the foregoing, we will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief as we may deem necessary.
The failure by Metaverse Radio, LLC. or MetaTunes Publishing LLC or any licensor to act with respect to a breach by you or others of the Terms of Use does not waive any right to act with respect to subsequent or similar breaches. We may, from time to time, amend these Terms of Use and your use of the website following any such amendment shall constitute your further agreement to follow and be bound by the amended Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be modified so that it is valid and/or enforceable to the greatest extent possible under applicable law. All remaining provisions shall be unaffected and enforceable. You will indemnify Metaverse Radio, LLC. or MetaTunes Publishing LLC, its officers, directors, employees, subsidiaries, affiliates and licensors against any and all losses, expenses, costs or damages (including without limitation reasonable attorneys’ fees and litigation expenses) incurred by any or all of them as a result of your breach of these Terms of Use or your unauthorized use of the website or musical compositions licensed by us.
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.
EXCEPT AS SPECIFICALLY STATED IN THESE TERMS OF USE, ANY LICENSING AGREEMENT BETWEEN YOU AND US, OR ELSEWHERE ON THIS WEBSITE, NEITHER THE COMPANY, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUBSIDIARIES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES), WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THIS WEBSITE WHETHER OR NOT RIGHTS FLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.METATUNES PUBLISHING LLC RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITONS AT ANY TIME WITHOUT NOTICE OR OBLIGATION TO COMPENSATE YOU FOR ANY LOSES.