Licensing, Copyright, Synchronization & Permitted Uses Policies

Use of Products:

The Products are licensed, not sold, pursuant to the terms of this Agreement. Tune Society hereby grants to you a perpetual, nonexclusive, non-transferable worldwide license to use the Products in compliance with the following “Usage Rules.”

    1. Acceptance of Agreement. Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

    2.  Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of the Products:

      1. Personal use;

      2. Entertainment applications, including, without limitation, video productions, audio productions, film productions, broadcast (video, audio, Internet), multi-media presentations, theatrical presentations, music within software packages and video games;

      3. Advertising and promotional projects, including film and video presentations and television and radio commercials;

      4. Internet streaming and synchronization and Website background music;

      5. On-hold and in-house background music;

      6. Film soundtracks;

      7. Modification or alteration of the Products as necessary, subject to the terms of this Agreement, and provided that if such modification or alteration constitutes a derivative work, you do not acquire any copyright ownership or equivalent rights in or to any of the Products or any other property of Tune Society or its licensors and you shall only use such derivative work in accordance with the terms of this Agreement. If requested by Tune Society, you agree to execute a written assignment of any such rights, including copyrights, without payment of additional consideration by Tune Society; and

      8. Any other uses approved in writing by Tune Society prior to the use. If there is any doubt that a proposed use is a Permitted Use, you should contact Tune Society for guidance.

    1. Synchronization. The Permitted Uses also allow the Products to be used for synchronization purposes, which means that (i) additional audio and/or vocal performances are recorded against or with the Products, and/or (ii) additional video compositions are recorded against the Products. In both cases, this is herein known as “synchronization.”

    2. Prohibited Uses. Any other use of the Products not explicitly listed in subsection .. above is explicitly forbidden. In the interest of clarity, any of the following, without limitation, are “Prohibited Uses” of the Products:

      1. Any sublicensing, sub-distributing, reselling, renting, lending, re-recording, transferring, gifting or assigning of any of the Products or the rights to any of the Products for any purpose;

      2. Using the title or subtitle of any of the Products as the title of an item that incorporates such Products;

      3. Copying or reproducing any of the Products, except as specifically provided for in the terms of this Agreement;

      4. Using any of the Products, including titles or subtitles, or any other part of any of the Products, as part of a trademark, service mark, or logo;

      5. Using any of the Products to compete with Tune Society. Tune Society is in the business of licensing music and sounds to its customers. It is the specific intent of this provision to prohibit you from using any of the Products to enter, either directly or indirectly, a similar or competing business;

      6. Using any of the Products in a fashion that is considered by Tune Society as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in such Products into disrepute;

      7. Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in any of the Products; or

      8. Using or displaying any of the Products in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.

    3. Acceptance of Terms. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products. In addition to any other terms or rules that may have been established between you and another party, Tune Society reserves the right to modify the Usage Rules at any time.

    4. Changes and Discontinuation. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Tune Society. Accordingly, in the event that Tune Society changes any part of the Service or discontinues the Service, which Tune Society may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Tune Society shall have no liability to you in such case.

    5. Interactive Features. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not (a) infringe or violate the rights of any other party, (b) violate any laws, (c) contribute to or encourage infringing or otherwise unlawful conduct, or (d) otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Tune Society a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you. Tune Society reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time, in its sole discretion without notice or liability. Tune Society has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Tune Society in its sole discretion deems appropriate.

Intellectual Property:

  1. Ownership. You agree that the Service, including but not limited to the Products, graphics, audio clips, video clips and editorial content, contains proprietary information and material that is owned by Tune Society and/or its licensors, and is protected by applicable intellectual property and other laws, including, without limitation, copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity.

  2. Removal of Products or Materials. Notwithstanding any other provision of this Agreement, Tune Society and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Tune Society be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Tune Society may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

  3. Copyrights. All copyrights in and to the Service, including, without limitation, the Tune Society Store (including the compilation of content, postings, links to other Internet resources and descriptions of those resources) and software, are owned by Tune Society and/or its licensors, who reserve all rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR THE USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

  4. Trademarks. Tune Society, the Tune Society logo and other Tune Society trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Tune Society in the United States and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

  5. Album Cover Art. Tune Society may provide you with limited access to download certain album cover art, subject to availability. Such access is provided as an accommodation only, and Tune Society does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that Tune Society is not in any way responsible for any such use by you.

  6. Copyright Infringement.  Should you become aware of any possible copyright infringement by any of the Products on the Service, you agree to give prompt notice of the possibly infringing Products to Tune Society.

General Compliance With Laws:

The Service is controlled and operated by Tune Society from its offices in Colorado Springs, Colorado, United States. You agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to your use of the Service.