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Welcome to IDBLM.org, The International Database of Licensed Music, a site
dedicated to transparency in music licensing. These are the Terms and Conditions of Use (“Terms of Use”) governing
your access to and use of this service. PLEASE READ THE TERMS OF USE CAREFULLY
AND IN THEIR ENTIRETY BEFORE CONTINUING TO USE THE WEBSITE. If you check the box
indicating you accept the Terms of Use, you are acknowledging and accepting
these Terms of Use and are entering into a binding and enforceable legal
contract between you and Legacy Productions, Inc. (“IDBLM”) on your behalf and
on behalf of the organization you represent (“Agreement”). IF YOU DO NOT AGREE
TO BE BOUND BY THESE TERMS OF USE, YOU MUST CEASE USING THE WEBSITE. If you are
under eighteen (18) years of age, you must have parental consent before
attempting to license any song using this site..
This website is owned and operated by
IDBLM. All 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 their respective owners. 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 IDBLM, and subject to your full compliance
with the Terms of Use, you are granted a revocable license to access this
website for the purpose of using IDBLM’s services. You
acknowledge that IDBLM 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
signing up and adding licensing information to this site.
Please review the Privacy Policy governing this website:
http://www.IDBLM.org/Pages/About/PrivacyPolicy.aspx. IDBLM reserves
the right to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, at our sole discretion.
All payments made for IDBLM filings are non-refundable. Please contact your
authorized licensing agent for details.
You agree and warrant that you will not use this website or IDBLM’s
licensing services 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.
Should you violate these Terms of Use or any other rights of IDBLM or any third
parties, including, without limitation, infringing of IDBLM’s
copyrights, or any other third party, or manufacturing, reproducing or
distributing music differently than reported, IDBLM 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 IDBLM against any claim by such licensors or other
third party in accordance with section 7 below.
You
will indemnify IDBLM, 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 music licensing
displayed by IDBLM.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND IDBLM
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. IDBLM 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. IDBLM 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 AGREEMENT
BETWEEN YOU AND IDBLM, OR ELSEWHERE ON THIS WEBSITE, NEITHER IDBLM, 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 IDBLM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF
IDBLM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER
ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY
COMPENSATION YOU PAY, IF ANY, TO IDBLM FOR
PRODUCTION SERVICES, MUSIC ALBUMS, OR ACCESS TO, OR USE OF, THE WEBSITE.
TO THE EXTENT IT MAY
APPLY, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES:
(GENERAL
RELEASE – CLAIMS EXTINGUISHED) A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OS SUPSECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.
No information provided in these Terms of Use or the website should be construed
as legal, accounting or other professional advice. IDBLM does not provide such
services and the availability of background information here does not create any
professional service relationship. No information provided here is an adequate substitute
for obtaining advice and guidance from a lawyer, accountant or other licensed
professional.
You consent to receive communications (if
any) from IDBLM electronically. 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 Minnesota, without reference to conflict of laws or the provisions of the
United Nations Convention on Contracts. 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 Minnesota, in Hennepin County.
You agree not to contest personal jurisdiction or venue of these courts.
Notwithstanding the foregoing, IDBLM 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 IDBLM may
deem necessary.
The failure by IDBLM 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. IDBLM 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.
These
Terms of Use and the Privacy Policy collectively set forth the entire
understanding between you and IDBLM with respect to your use of this website.
It is understood that in the event of any conflict between these Terms of Use
and other languange found on the site, these Terms of Use shall control.
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IDBLM.org
612-522-0751 |
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