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Terms of Use
Introduction / Acceptance of Terms of Use
Welcome to Legacy Productions's EasySongLicensing.com, where you can acquire the licenses you need to record cover versions of songs that you do not own. 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. (“Legacy”) 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.

1. Ownership of This Website
This website is owned and operated by Legacy. 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 Legacy. 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 Legacy, 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 purchasing Legacy’s licensing services. You acknowledge that Legacy 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.

2. Registration Information / Username and Password
You agree to provide complete and accurate information when signing up and adding project information on 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. Legacy will not be liable in the event of loss of your username or password or for any misuse by anyone of your username or password. You have the sole responsibility to secure and maintain your username and password and agree to immediately notify Legacy of any unauthorized use of your username and password.

3. Privacy Policy
Legacy values your privacy. Please review the Privacy Policy governing this website: http://www.EasySongLicensing.com/Pages/About/PrivacyPolicy.aspx. Legacy reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, at our sole discretion.

4. No Unlawful or Unauthorized Uses
You agree and warrant that you will not use this website or Legacy’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.

5. Licensing Services
This website allows you to purchase a service where Legacy acquires, prior to your distribution of phonorecords, mechanical licenses for the reproduction of musical compositions on your behalf. You tell us the format (physical, DPD, stream, or ringtone) of the mechanical licenses and the number of reproductions (100, 1000, etc.) that you need. Legacy 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 request. You pay those royalties to Legacy, along with Legacy’s licensing service fee, and Legacy obtains the license from the appropriate publisher or copyright holder and pays that publisher or copyright holder the royalties on your behalf.

The maximum number of units Legacy will license per song per release at the statutory rate is 10,000 units of Interactive Audio Streams, and 2,500 units of physical formats, digital downloads, and ringtones. If you wish to license more than the maximum number of units, Legacy will attempt to obtain the license, but will charge an additional $.004 per unit for each stream, and an additional $.01 for each unit of other formats for our services (minimum: $99.00). This charge is in addition to the royalties owed, and will go to Legacy, not the copyright holder. In addition, if you wish to license more than 2,500 physical units, you agree to deliver a pressing report to Legacy on stationery of the manufacturer, indicating the actual quantities produced, before licensing will proceed.

This website does not allow you to obtain licenses for samples, master (recordings of recordings), or synchronization rights (video). You must contact the rights holder(s) for such uses. In addition, this website does not allow you to obtain mechanical licenses for cover songs that do not comply with the Compulsory Mechanical provisions of the U.S. Copyright Law. Specifically, for each song you submit to us for licensing, you agree:

1) You will not change the lyrics.
2) You will not change the fundamental melody of the song (general rearrangement is allowed however).
3) You will not request a song that has never been released.
4) You will not release the song for any purpose other than personal private listening by the end user.
5) You will not release your recording outside of the United States without additional permission.

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. 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). Therefore, we require that you submit your request to Legacy at least 45 days in advance of distribution. If these time limits have passed, Legacy will still try to help you and make every effort to secure a retroactive license on your behalf, but in that instance a license cannot be guaranteed. If a license cannot be secured, and the time to secure a “compulsory license” has expired, any accrued royalties will be returned to you along with Legacy's licensing service fee. In all events, you will be responsible for any adverse claim by a publisher or copyright holder and agree to indemnify Legacy against any such claim in accordance with section 7 below.

For songs not available for licensing on our web site, Legacy offers Custom Assistance and Custom Handling services. For an additional charge, Legacy will provide consultation and assistance submitting your permission request directly to the copyright holder. Custom licensing can be challenging because, by law, the copyright holders maintain total control of their works. This means they can set any fee, take all the time they need, and reject the license outright. For this reason, it is important to temper expectations. Many factors affect the response, including budget, use, and even the current workload of the copyright holder’s processing department. For this reason, Legacy does not guarantee licensure in whole or in part for any custom request, and we also do not guarantee timing, or even that you will get a response from the copyright holder. This forfeiture of guarantee extends to cases of both Custom Assistance and Custom Handling. All custom licensing fees paid are final, and are not eligible for refunds. This includes the upfront fees paid for Custom Assistance and Custom Handling, and any additional fees paid at signing for Custom Handling.

When requesting Legacy’s 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. Legacy is 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 Legacy to license on your behalf. Because you are asking Legacy 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.

For 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, contact us, and we will set you up for the additional units needed.

6. Refund Policy
You agree to read and accept our Refund Policy each time before making a purchase. Our refund policy is available online here:
http://www.easysonglicensing.com/Pages/About/RefundPolicy.aspx

7. Violations of Terms of Use
Should you violate these Terms of Use or any other rights of Legacy or any third parties, including, without limitation, infringing the copyrights of Legacy’s 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, Legacy 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 Legacy against any claim by such licensors or other third party in accordance with section 7 below.

8. Indemnification
You will indemnify Legacy, 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 Legacy.

9. Disclaimers, Limitation on Liability
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND LEGACY 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. LEGACY 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. LEGACY 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 LEGACY, OR ELSEWHERE ON THIS WEBSITE, NEITHER LEGACY, 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 LEGACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LEGACY, 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, EXCLUSIVE OF PUBLISHING ROYALTIES, TO LEGACY FOR LICENSING SERVICES 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 OR SUSPECT 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.

10. No Professional Advice
No information provided in these Terms of Use, the website, or phone conversations with Legacy representatives should be construed as legal, accounting or other professional advice. Legacy does not provide such services and the availability of background information here does not create any professional service relationship. Although Legacy has attempted to clearly and succinctly explain many of the rules associated with licensing musical compositions, none of the information provided here is an adequate substitute for obtaining advice and guidance from a lawyer, accountant or other licensed professional.

11. Electronic Communication and Contract
You consent to receive communications and your Licensing Agreement from Legacy 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.

12. Governing Law and Venue
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, Legacy 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 Legacy may deem necessary.

13. Waiver and Amendment
The failure by Legacy 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. Legacy 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. .

14. Severability
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.

15. Entire Agreement
These Terms of Use, the Privacy Policy, and, if applicable, the Licensing Services Agreement between you and Legacy, collectively set forth the entire understanding between you and Legacy with respect to your use of this website. It is understood that in the event of any conflict between these Terms of Use and the Licensing Services Agreement, these Terms of Use shall control.

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EasySongLicensing.com
2600 N 2nd Street
Minneapolis, MN 55411
612-522-0751
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2600 N 2nd Street
Minneapolis, MN 55411
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