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Acuerdo de licencia individual

1. Acuerdo de licencia individual

This License Agreement ("License") is made between The Licensee ( hereafter "Licensee") and Recisio SAS (hereafter “Recisio”). By using the Licensed Tracks, Licensee accepts the terms of this License. If Licensee does not agree to the terms of this License, Licensee must not use the Licensed Tracks.

Definitions

  • "Effective Date" means the date Licensee licensed the Licensed Tracks in the Karaoke Version Storefront.
  • "License Fee" means the fees for Licensed Tracks identified in the Karaoke Version storefront.
  • "Licensed Tracks" means the tracks selected by Licensee during the License purchase process in the Karaoke Version Storefront.
  • "Person" means an individual.
  • "Work" means the audio or audiovisual work in which the Licensed Tracks will be used

2. Licensed Tracks

Licensed Tracks or Title(s): As provided in your license PDF after purchase on the Karaoke Version storefront

License Fee: As paid on the Karaoke Version storefront based on Licensee’s selected license package

3. License and License Restrictions

License

Recisio grants to Licensee the non-exclusive license, privilege and authority to copy, perform, edit and/or loop portions of (provided that no such change shall alter the fundamental character of the portion of the Licensed Track), and subject to having obtained before or on the date of which this License becomes effective a separate License from the relevant right owners and / or collective rights organizations such as Sacem, PRS, BMI, ASCAP etc use the musical composition embedded in the Licensed Tracks in synchronization or timed relation in the Work during the Term throughout the world for the Permitted Purposes set forth in Section 3. Licensee may not sublicense or assign this License.

License Restrictions

The License granted in Section 3 above is conditioned upon Licensee's compliance with the restrictions set forth below.

Licensee must not use the Licensed Tracks:

  • A. in any audiovisual work other than the Work;
  • B. in any advertisement;
  • C. in any Work made for Hire or use by another party (sub-licensing) that makes or generates compensation from use of the Licensed Tracks or the Work that includes the Licensed Tracks.(WHEN APPLICABLE)
  • D. in broadcast, cable, or web television, video games, mobile applications or radio (WHEN APPLICABLE)
  • E. in theatrical releases;
  • F. to physically perform or lip-synch the lyrics of the music of the Licensed Track, or in anyway use the artist's image or likeness except for the purposes of providing artist credit;
  • G. in pornographic work; or
  • H. in any audiovisual work or any other use that has a political purpose (including, but not limited to, supporting or opposing any government policy, government official, political action, or candidate for political office).

Permitted Purposes / Distribution.

A defined by each license package (Small, Medium, Large) available on the Karaoke Version storefront, this license grants Licensee the right to publicly display and distribute the Licensed tracks as embodied in the work in the following ways:

Non-commercial usage*

  • A. Online (non-monetized, on personal social media sites/platforms (maximum 250,000 streams) such as Vimeo, Facebook, YouTube, Instagram, Tik-Tok etc
  • B. via distribution either in the form of physical units provided that all units (maximum 150 copies) which must be distributed without charge or other consideration.
  • C. For occasional public / live performances ( non-commercial / non-profit events)

*Licensee agrees to add a backlink to karaoke-version.com in every post and publications.

Example: Instrumental version provided by Karaoke-Version https://www.karaoke-version.com/custombackingtrack/chris-stapleton/tennessee-whiskey.html

Commercial usage*

  • A. online (monetization allowed) on personal social media sites/ and video platforms such as Vimeo, Facebook, YouTube, Instagram, Tik-Tok etc
  • B. via distribution either in the form of physical units (maximum 1000 copies), digital downloads or digital streams (maximum 500,000 streams or downloads) on platforms such as Spotify, Itunes, Deezer, own website etc
  • C. For local promotion (public / live performances, Radio and TV)

*No backlink required

This license grants Licensee the right to enable monetization via 3rd party ads delivered on their personal channels, and to share in the revenues derived from such advertising (e.g. AdSense for videos or Anchor for podcasts).

Extended commercial usage*

  • A. Online (monetization allowed) on personal social media sites/ and video platforms such as Vimeo, Facebook, YouTube, Instagram, Tik-Tok etc
  • B. Via distribution either in the form of physical units (unlimited), digital downloads or digital streams (unlimited) on platforms such as Spotify, Itunes, Deezer, own website etc
  • C. For local and national promotion (public / live performances, Radio and TV)

*No backlink required

This license grants Licensee the right to enable monetization via 3rd party ads delivered on their personal channels, and to share in the revenues derived from such advertising (e.g. AdSense for videos or Anchor for podcasts).

4. Term and Termination

This License begins on the Effective Date and is granted in perpetuity. This License shall terminate immediately without notice if Licensee breaches this License.

5. Additional Terms

This individual License incorporates by reference the most current Terms of Use and Privacy Policy of Recisio available at https://www.karaoke-version.com/terms.

6. Intellectual Property

As between the parties, Recisio or its licensors owns all right, title, and interest in and to the Licensed Tracks. All rights not expressly granted herein are specifically reserved by Recisio or its licensors.

7. Royalties

In consideration of the rights granted under this License, Licensee agrees to pay the License Fees.

8. Credit and Attribution

Licensee shall use best efforts to credit Recisio and the artist, and include such credit in the final edited version of the Work in each case in which credits for music are included in the Work. No casual or inadvertent failure by Licensee to comply with the credit requirements set forth above, nor any failure by third parties to so comply, shall constitute a breach of this License by Licensee. Recommended language for credit is: "[Name of Licensed Track]" by [Name of Artist], licensed by Tency." If the Work is posted to YouTube, the credit language should be posted in the video description.

9. Representations and Warranties

Recisio hereby represents and warrants that: (i) it has the power, capacity, and authority to enter into this Agreement; (ii) it has all necessary rights to license the Licensed Tracks to Licensee under the terms of this License; and (iii) Licensee's exercise of rights hereunder will not infringe any third party's intellectual property rights.

Licensee. Licensee hereby represents and warrants that: (i) it has the power, capacity, and authority to enter into this Agreement; (ii) it meets the criteria set forth in Section 2(b)(i).

10. Indemnification

Licensee agrees to indemnify, defend, and hold harmless Recisio and its agents and licensors from and against any claim, actions or demands by a third party and all related liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or based on any breach of any representation, warranty or covenant made herein. Licensee will shall provide Recisio prompt notice in writing of any such claims under this Section 9 and provide Recisio with reasonable information and assistance, at Tency's expense, to help defend such Claims.

11. Limitation of Liability

In no event shall Recisio be liable to licensee or its affiliates for any special, indirect, incidental, consequential or exemplary damages of any nature arising out of or related to this agreement, even if recisio has been advised of the possibility of such damages; and in no event shall the total cumulative liability of recisio to licensee or any third party related to this agreement exceed the amount of the license fee paid by licensee hereunder. The foregoing shall apply regardless of the negligence or other fault of recisio and regardless of whether such liability arises in contract, negligence, tort, strict liability or under any other theory of liability.

12. General

Governing Law

This License is governed by the law of FRANCE (without regard to conflicts of law principles). Any dispute arising out of or relating to this License shall be commenced in the courts of Lille, France. In any such dispute, the substantially prevailing party shall be entitled to its reasonable attorneys' fees.

Assignment, Waiver, Modification

This License may not be transferred or assigned by Licensee, and is binding on permitted successors and assigns. No modification of this License will be binding unless made in a writing signed by both parties. No waiver of any term, condition or obligation of this License will be valid unless made in writing and signed by the party to which such performance is due. No failure or delay by any party at any time to enforce one or more of the terms, conditions or obligations of this License will (i) constitute waiver of such term, condition or obligation, (ii) preclude such party from requiring performance by the other party at any later time, or (iii) be deemed to be a waiver of any other subsequent term, condition or obligation, whether of like or different nature.

Entire License, Severability

This License constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. If any provision of this License is held to be invalid or unenforceable to any extent, then the remainder of this License will have full force and effect and such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision.

Notices

Any notice of breach or termination hereunder shall be sent via express or registered mail. Notices sent to Recisio shall be sent to support@recisio.com. Notices to Licensee shall be sent to the address provided by Licensee in its online account with Karaoke Version. Notices will be deemed delivered upon receipt or three (3) business days after deposit with such mail service.

Última actualización: 28/4/22