Last updated: July 29, 2015
YOUR USE OF THIS WEBSITE AND THE CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
3. Limitations on Use; Third Party Communications.
3.2. Specific Limitations on Use.
3.2.1. Previews. The Website allows you to stream sound recordings for the purposes of previewing such recordings prior to purchase and/or requesting a license to use such recordings. You may not use any software or hardware device to download, record or otherwise store any sound recording without specific permission to do so directly from the Website and paying the required amount to Merry Bright.
3.2.2. Downloads. The Website allows you to purchase a license to download sound recordings for a per-download fee for personal, non-commercial use. Unless you enter into a separate signed written agreement with Merry Bright to the contrary, you may not: (i) use for anything but personal, non-commercial use; (ii) copy (except as incidental to your personal non-commercial use); (iii) distribute in any way; (iv) publicly perform by any means including digital audio transmission; (v) make derivative works of; (vi) otherwise exploit in any way; or (vii) enable, permit or encourage any third party to do any of the foregoing with any sound recording downloaded from the Website.
3.3.3. Artwork. The Website may allow you to download artwork along with the sound recordings available for download or license. Unless you enter into a separate signed written agreement with Merry Bright to the contrary, you may not: (i) use for anything but personal, non-commercial use; (ii) copy (except as incidental to your personal use); (iii) distribute in any way; (iv) publicly display by any means; (v) make derivative works of; (vi) otherwise exploit in any way; or (vii) enable, permit or encourage any third party to do any of the foregoing with any artwork downloaded from the Website.
3.2.4. Licenses. The Services include the ability to request licenses to make various uses of available musical compositions and sound recordings. Unless your request is approved by Merry Bright and you enter into a separate signed, written agreement with Merry Bright granting specific permission to use particular compositions and sound recordings, you may not (i) use; (ii) copy; (iii) distribute in any way; (iv) publicly perform by any means including digital audio transmission; (v) make derivative works of; (vi) otherwise exploit in any way; or (vii) enable, permit or encourage any third party to do any of the foregoing with any composition or sound recording owned or controlled by Merry Bright except as otherwise provided herein.
3.3. Third Party Communications. Merry Bright disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Merry Bright assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with the Website, Content or Services.
6. No Solicitation. You shall not distribute on or through this Website any communications or other materials containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Merry Bright.
7. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Merry Bright will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
8. Registration. Certain sections of this Website may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Merry Bright of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise. Merry Bright does not permit a) anyone other than you to use or access the Content, Services or sections of the Website requiring registration by using your name or password; or b) access through a single name that is made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Merry Bright immediately by emailing email@example.com.
9. Submission of Your Music. The Services include the ability to submit your musical sound recordings for consideration to be included in Merry Bright’s licensing catalog (“Music Submissions”). By uploading a Music Submission to the Website, you are representing and warranting that you are the sole owner of the sound recording and any underlying musical composition or that you have the explicit right to copy and submit any and every such sound recording and composition for consideration and to license Merry Bright to distribute Music Submissions and make any and all uses of Music Submissions necessary and/or incidental thereto. Submitting your Music Submissions for consideration does not guarantee that Merry Bright will chose to represent your music as a part of its licensing catalog or otherwise. If Merry Bright does elect to include your Music Submissions in its licensing catalog, you and Merry Bright will enter into a separate, signed writing governing the terms of such representation. Unless and until you and Merry Bright enter into such a separate signed writing, Merry Bright will not make any use of your Music Submission apart from any use necessary for Merry Bright to consider whether or not to accept your music into its catalog. You acknowledge and agree that this use may include, and you hereby grant to Merry Bright a non-exclusive, gratis, royalty-free, perpetual, worldwide right to make, limited copies, distributions, performances and other uses of your Music Submission to third parties solely to enable Merry Bright’s evaluation of your music for the purposes set forth herein.
10. Errors and Corrections. Merry Bright does not represent or warrant that the Website or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Merry Bright does not warrant or represent that the Content available on or through the Website will be correct, accurate, timely, or otherwise reliable. Merry Bright may make improvements and/or changes to its features, functionality, Content or Services at any time.
11. Third Party Content. Third party content may appear on the Website or may be accessible via links from this Website. Merry Bright shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Merry Bright. Further, information and opinions provided by present and future employees and agents of Merry Bright are not necessarily endorsed by Merry Bright and do not necessarily represent the beliefs and opinions of Merry Bright.
12. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Services.
13. DISCLAIMER. THE WEBSITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. MERRY BRIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MERRY BRIGHT DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE CONTENT, AND THE SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE CONTENT, THE SERVICES, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE, THE CONTENT, OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE CONTENT, OR THE SERVICES.
14. LIMITATION OF LIABILITY. MERRY BRIGHT SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE CONTENT, THE SERVICES, OR ANY THIRD PARTY COMMUNICATIONS. MERRY BRIGHT SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENT, THE SERVICES, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MERRY BRIGHT’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND MERRY BRIGHT AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY AND ALL PARTIES TO ANY SUCH PROCEEDING.
16. Third Party Rights. The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability) and 15 (Indemnification) are for the benefit of Merry Bright and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.