SWEET ESCAPE SOUND
Single Track License and Subscription Services Agreement
Please read these Terms of Use (“Agreement” or “Terms & Conditions”) carefully before using www.sweetescapesound.com ( hereinafter, “website”). By using this website, you affirm that you are over the legal age of majority in your place/country of residence or have the permission of a parent or guardian and are lawfully able to accept this agreement. If you are using the website on behalf of any entity, you affirm that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify Sweet Escape Sound for violation of this Agreement.
1. Parties and Introduction
1.1 This is a legally binding agreement (“agreement”) between you, (hereinafter known as “Licensee”, “Individual”, “Business Entity”, “Company”, collectively “You” or “Your”) and Ms. Veronica Meza, doing business as Sweet Escape Sound (a Sole Proprietorship Business) having her office based in Toronto, Canada (hereafter, “Sweet Escape Sound”, “we”, “our”, “licensor” and “us”).
1.2 By clicking "Agree", you are signifying your acceptance of these terms and conditions and agree to be legally bound to this Agreement, the General Terms and Conditions, the Cookie Policy and Privacy Policy.
1.3 Subject to the type of Single Track License or Subscription plan you purchase, as outlined in Section 3, this agreement grants you the right to access, download and use the Recording(s) (hereinafter known as, “Music Track(s)”) on our website for synchronization in your, and in some cases, your client(s) audio-visual project(s).
If you would like to use the music tracks for other purposes not expressed within this Agreement, you must contact Veronica Meza directly at [email protected]
2. Definitions
2.1 In this Agreement the following words and expressions will have the following meanings:
- “Music License(s)” means the legally documented permission that allows for the use of a Music Track . Sweet Escape Sound offers both Single Track Licenses (Standard, Extended, Premium and Extended Broadcast) as well as Subscription Plans (Standard, Extended, and Premium). These licenses do not grant you copyright ownership of the music track and it's underlying composition.
- “Music Track(s)” refers to the sound recording(s) and/or audio files (including underlying musical works/composition) available for license from our website.
- “Subscription” (hereinafter, known as “Subscription Plan”) means the music subscription service offered to you by Sweet Escape Sound.
- “Licence Fee(s)” means the license fee payable by the Licensee to Sweet Escape Sound at the current license fee rate(s) as published on the Website for the relevant track downloaded by the Licensee
- “Licensee” refers to you, the individual (including your client(s)) or company registered with the Website who wishes to obtain a license from Sweet Escape Sound to use our Music Tracks in audio-visual projects.
If you use a music track for or on behalf of another person or entity, then that person or entity is also bound to this Agreement and the restrictions and limitations. The person or entity is included in the term “Licensee” regardless of future relationship of license purchaser.
3 License Grant and Services
3.1 Subject to the terms and conditions of this Agreement, Sweet Escape Sound grants to you a non-exclusive, non-transferable license, valid in perpetuity, to use our music tracks in your projects.
3.2 Purchasing any Single-Track License or Subscription Plan from our website is not a transfer of copyright or ownership to you or your client(s). Copyright and Ownership of all the music tracks remains with Sweet Escape Sound at all times.
3.3 All Music Tracks purchased or downloaded by you are non-exclusively licensed to you as the original end-user, for use in your projects, subject to the provisions below.
3.4 All rights not expressly granted herein are reserved exclusively by Sweet Escape Sound.
3.5 Sweet Escape Sound shall provide you with a license certificate for each Music Track that you download and purchase from the Website.
3.6 By purchasing a License or Subscription plan, Sweet Escape Sound grants you the non-exclusive, non-transferable, non-sublicensable right to use our Music Track(s) in your project in an unlimited number of projects (except where expressly limited to a single project), in perpetuity, in accordance with and subject to the terms and conditions of this Agreement.
Sweet Escape Sound offers you the option of either purchasing a Single-Track License or Subscription plan
3.6 Single-Track Licenses
Individual song Licenses (hereinafter known as “Single-Track License”): Sweet Escape Sound offers you the choice of four (4) single- track licenses: Standard License, Extended License, Premium License, and Extended Broadcast License. These individual licenses permit you to download and use only one (1) Music Track available on the Website, for your Project. The terms and conditions of each Individual License are as follows:
(i) Standard License (“Standard License”):
- Download and use one (1) Music Track, for a one-time licensing fee (as detailed on the Website) in your Project(s)
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Web Use only ( Social Media and Online Video Platforms)
- Clear only One (1) youtube channel.
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Use the music track in unlimited amounts of projects/productions
- Other usage types: music on hold, background music ( bars, shops, hotels, gym), podcasts, websites, student films and non-profit organizations.
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Monetize your videos with this license
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License is valid in perpetuity (forever)
(ii) Extended License (“Extended License”):
- This license grants you the same rights as outlined in the Standard License (3.6.i)
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Usage types: web commercials and advertising, video games, application, software, E-Learning or online course, non-theatrically released film or documentary, animation, videos produced by professional videographers as part of their videography and/or photography activity (for example, weddings, real estate videographers), book trailers and soundtracks, crowdfunding campaigns
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This license covers you and 1 (One) Client of yours.
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Clear up to two (2) Youtube channels
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Monetize your videos with this license
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License is valid in perpetuity (forever)
(iii) Premium License: ("Premium License"):
- This License grants you the same rights as the Standard (3.6.i) and Extended License (3.6.ii)
- Usage type: Online Streaming Platform (VOD), Theatrically and Non-theatrically released film or documentary (with budget of up to $2 million), Regional TV and Radio Productions/Commercials and trailers with a marketing budget of up to $500, 000
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This license covers you and your client(s)
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Web and Regional broadcast use.
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You can sell Projects, containing the Music Track, to multiple clients for their commercial usage.
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You may clear an unlimited number of channels per platform within reason. (Note: Sweet Escape Sound reserves the right to determine what constitutes an unreasonable use of its unlimited channel clearance feature)
(iv) Extended Broadcast License ("Extended Broadcast License"):
- This License grants you the same rights as the Premium License (3.6.iii) with the exception that you need to purchase a separate license for each new production/project including your client(s)/end-user’s production/project)
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Usage type: international Radio and TV Production/Commercial, theatrically and non-theatrically released film or documentary with a budget of up to $10million, trailers with a marketing budget of up to $1 million.
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Clear an unlimited number of channels, provided that you keep within reason. (Note: Sweet Escape Sound reserves the right to determine what constitutes an unreasonable use of its unlimited channel clearance feature)
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Please note this type of license is currently not available as part of a subscription plan.
3.7 Subscription Service
Sweet Escape Sound offers you the option of three (3) subscription plans to choose from: The Standard, Extended and Premium Subscription Plans.
When you choose to purchase a subscription plan on the website, you accept and understand that the music you gain access to, can only be used if you publish the content (your projects) while your subscription is active. The license for the music tracks you downloaded, used and published for your project(s) during your active subscription, continues on in perpetuity (forever), even if your subscription ends.
Please note, that you cannot download the tracks on the website, cancel the subscription and then continue producing projects with our music tracks.
During the period that your Subscription Plan is active, Sweet Escape Sound shall grant you a non-exclusive, non-transferable license for the Music Tracks you download. Each Subscription Plan includes parameters and conditions for which you are allowed to use our music.
(i) Standard Subscription Plan:
This subscription allows you the right to use the track in the same way as outlined in section 3.6.(i) (“ Standard License)”. This is a recurring monthly subscription and is billed monthly. You may use our music tracks for an unlimited number of projects/productions, granted you are using the tracks for your own projects, and not for your clients. This subscription is non-refundable but you may cancel at any time after your first month. You may clear One (1) channel per platform. You may use any of the tracks on the website in projects that are not meant to be sold to several clients for their commercial usage. You may monetize your videos.
(ii) Extended Subscription Plan:
This subscription plan allows you the right to use the tracks in the same way as outlined in section 3.6.(ii) (“ Extended License”) You may clear up to two (2) channels per platform, during such Subscription Plan’s term. This subscription’s term is for One (1) year and is billed annually. This subscription allows you to use our tracks in projects you produce that are meant either for you or your client’s commercial usage. Only you and one (1) client are covered under this subscription plan. If you are hired to create a project for a client, your license covers them for their use of the specific project. The client cannot use the music for a different project, separate from what you were hired to create.
(iii) Premium Subscription Plan:
This subscription plan allows you the right to use the tracks in the same ways as outlined in Section 3.6 (iii) ( Premium License). You may clear an unlimited amount of channels, within reason. In addition, the Premium Subscription Plan allows you to sell Projects, containing the Music Track(s), to multiple clients for their commercial usage. However, such Project(s) need to have commenced during such Premium Subscription Plan’s term. This subscription allows you to use our tracks to produce projects that are meant to be sold to several clients for their commercial usage. If you are hired to create a project for a client(s), your license covers them for their use of the specific project. The client cannot use the music for a different project, separate from what you were hired to create.
Upon the expiry or termination of your chosen Subscription Plan, you acknowledge and understand that you will no longer be able to download, access or use “unused” Music Tracks you downloaded from our website in new projects. In addition, you acknowledge you won’t be able to download related license certificates on the Website, or clear new YouTube channels. However, the projects you made and published during your active subscription plan will not be affected.
4 LIMITATIONS AND RESTRICTIONS
4.1 The Music Tracks on Sweet Escape Sound are licensed to you for a specific use in your project(s). The license does not transfer the copyright or ownership of our music to you or your client(s). The license(s) and/or subscription service granted under this agreement do NOT allow you to:
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Sample our music, or any clips as any underlying basis for new musical work of your own.
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Copy, share, lease, lend, sell, transfer, sub-license or distribute any of our music tracks to any third-party
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Redistribute or resell any of the music tracks on the website “as is”
Add vocals, make remixes and resell as a song
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Resell by incorporating into other royalty-free items such as stock video
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Use the music tracks in content or projects that are obscene, pornographic, defamatory, religious, political, illegal in nature, violent, that promote hatred/prejudice, discriminatory, cruel, contain animal cruelty or having to do with the occult/spiritism/supernatural.
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Falsely imply or express that you are the original creator/owner/composer of the Music Track(s)
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Use the Music Tracks in any other stock product, library, collection, or database for distribution or resale
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Edit, modify, or alter the Music Tracks in terms of productions, arrangement, harmonic structure, lyric, melody of the music. You may use basic editing such as the use of fade-ins and fade out points, determine start and end points, and use only a portion of the Music Track
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Permit a third party to use or copy the Music Track(s)
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Use the Music Tracks in any a form which may damage Sweet Escape Sound’s reputation, or violate any rights of third parties
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Sublicense or assign the use of the Music Tracks for standalone distribution
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Make the Music Tracks available and/or distribute, resell, or perform the Music Tracks separately from the Project into which the Music Tracks has been incorporated
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Use the Services for any purpose not expressly permitted by this Agreement or the applicable License.
Sweet Escape Sound reserves the right at its sole discretion, to determine whether the use of a Music Track(s) constitutes a violation of this Section. If a violation does occur, Sweet Escape Sound may demand that you immediately stop using any of the Music Track(s), Website and/or Services and may take legal action if you do not comply with our request to remove a music track from a project that violates this agreement.
5 Warranty and Liability
5.1 All music tracks are owned by Sweet Escape Sound (composer, Veronica Meza). Sweet Escape Sound affirms that it has all the necessary rights and authority to enter into and perform this Agreement and that your use of our music tracks in accordance with this agreement does not infringe on any third party proprietary rights.
5.2 Sweet Escape Sound accepts no responsibility for any direct, indirect or consequential losses, costs, expenses or damages of any kind arising from the use of any of our Music Tracks in your projects or your clients. You are solely and exclusively liable for any and all project(s) which contain the usage of our music tracks. Sweet Escape Sound shall not be held liable for any legal damages incurred by you or your client(s) project. Sweet Escape Sound’s liability will in no event exceed the purchase amount paid for the Music Tracks.
5.3 All Music Tracks are provided as an “as is” basis.
5.4 Due to the non-returnable nature of digital products, you understand and accept that Sweet Escape Sounds offers no refunds, unless your inability to access and use the Music Tracks are a result of an error/fault on our website’s end. Please make sure you purchase the correct music track. If you are experiencing technical difficulties accessing your purchased tracks, please notify us at [email protected].
5.5 All rights not expressly granted to you by Sweet Escape Sound are hereby reserved.
4. ACCEPTANCE AND MODIFICATION OF THIS AGREEMENT
Sweet Escape Sound reserves the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the website. Your continued use of the Website after changes constitutes your acceptance of the new Terms and Conditions.
Sweet Escape Sound may, from time to time, add/remove Music Tracks to/from the Website. You acknowledge, understand and agree that you have no claim or demand in this regard.
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By using the Website and the services provided (Licenses and Subscriptions), you agree to be legally bound to this Agreement and agree to comply with applicable laws and regulations. If you decide to disagree to be bound by this Agreement, you will not be permitted or authorized to use the services and refrain from accessing the Website.
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Sweet Escape Sound may, from time to time, modify or replace the terms and conditions of this Agreement. Your continued use/access to the Website and Services following the posting of any changes to this Agreement shall be deemed to constitute your acceptance of this Agreement.
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Sweet Escape Sound may, from time to time, make adjustments, changes to the pricing of the Licenses and Subscriptions. You will be notified well in advance if such changes will occur. If you purchased an annual subscription before the posted changes, We will honor the rate you agreed on when you signed up until the end of your term.
Modification of Music Tracks
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You are permitted to modify the length of the Song to suit your final project. You may add fade ins/outs. The modified version of the song will still be subject to the terms and conditions of the license purchased. You cannot claim ownership of the modified song.
Performing Rights, Royalties and Cue Sheets
This License Agreement does not include Performing Rights. All Music Tracks are registered with SOCAN, the performing rights Society of Canada. The licenses granted to you by us does not act as a waiver of any PRO fees or royalties. If you use any of our Music Tracks for broadcast and/or Radio projects (TV, Film, Radio productions) that are eligible for documentation by Performing Rights Societies, you hereby agree to promptly provide Sweet Escape Sound and the applicable Performing Rights Society, with a complete and accurate Cue Sheet that correctly identifies the copyright owner, publisher, song title and length of use. A cue sheet must be filed with the networks and stations and appropriate PROs. A copy must also be e-mailed to Veronica Meza at [email protected].
The terms and conditions outlined in this agreement do not constitute a partnership, joint venture, employment or agency relationship between you and Sweet Escape Sound. Each of the parties has entered into this agreement as an independent contractor.
The rights granted to you do not include the right to collect public performance royalties with respect to the Recordings, or to license any third party the right to exploit any end product, or to exploit any end product in any other method, manner or media than those specifically provided in this agreement. Only Sweet Escape Sound reserves the right to collect such royalties.
Intellectual Property
The Website (www.sweetescapesound.com) and its original content (music tracks including underlying composition, arrangement, vocals, lyrics, audio recordings, logos) are owned by Sweet Escape Sound and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.