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Terms of Use and License Agreement
Last Updated 03/07/2023
Now Add Music Terms of Use, Services and Music Synchronization License Agreement
1 General
This Terms of Use, Services and Music Synchronization License Agreement is a legally binding agreement between Andrew Thiriot LLC, dba Now Add Music (“Now Add Music”, “we” or “us”) and each client, individual, entity, licensee, user or visitor (collectively “you” or “your” or “our”) regarding your use of the Now Add Music’s website at https://www.nowaddmusic.com (the “Website”), your use of Now Add Music music tracks available via the Website (“Tracks”) and the services operated by Now Add Music (the “Service(s)”).
2 Acceptance
By Using this site you agree to be bound by these terms.
If you do not wish to be bound by these terms, please exit this site now.
Except as set out in these terms, your sole remedy for dissatisfaction with the website, Tracks or Services is to cease using the site, music tracks, or services.
3 Refund Policy
If you are dissatisfied with your experience in using your Now Add Music account, and you have not downloaded, purchased, accessed, used or licensed any Tracks, Services or Membership Plans, you may request that we cancel your Now Add Music account within the first 30 days of setting up your account, in which case we may, in our sole discretion, refund all or a portion of the Fees (however, no refunds are guaranteed after such 30 days).
4 Age
You must be 13 or older to download music from the Website or register for an individual Now Add Music Account or Membership Plan. Anyone under the age of 18 must have approval of a parent or guardian.
5 Definitions
The following defined terms shall have the following meanings under this Agreement:
5.1 “Track(s)”
means the sound recording(s), including any and all musical works (original musical composition including lyrics, music/melody and/or arrangements) that are embodied in such sound recording(s), which are licensed and made available to you by Now Add Music, via the Website and subject to certain usage limitations and restrictions as provided under Section 5 of this Agreement.
5.2 “Project(s)”means the synchronization or combination of Tracks and your own works of authorship.
6 License
6.1. Grant of License
6.1.1 All licenses granted you to use the Tracks are non-exclusive, limited, non-sublicensable and nontransferable.
6.1.2 You may download, reproduce, prepare derivative works, distribute the Music Tracks only in combination with your Projects.
6.1.3 The term of your license for the Track(s) incorporated within your Project(s) is perpetual and allows you to reproduce, distribute and display Projects for any lawful purpose and in compliance with this agreement.
6.1.4 The territory of your license to Tracks incorporated in a Project is the Universe.
6.1.5 The length and type of synchronization within a Project is not limited.
6.1.6 Now Add Music reserves all rights not expressly granted to you.
6.2 General License Limitations and Restrictions
6.2.1 You may not sublicense or assign the use of the Tracks for standalone distribution.6.2.2 You will not:
6.2.2.1 make available, distribute, resell, or perform the Tracks separately from the Project(s);6.2.2.2 use the Tracks in connection with defamatory, or fraudulent content or in connection with pornographic, unlawful or illegal images (including without limitation adult content or videos, adult entertainment venues, escort services), sounds, or content, or any depictions of illegal activity whatsoever, whether directly or in context or by juxtaposition with other materials;
6.2.2.3 change the Tracks by altering the harmonic structure or melody (but may fade in/out or change the length), or
6.2.2.4 remove any proprietary or intellectual property markings or notices on any Tracks.
6.3 License Types
The following License Types with further restrictions may be granted:
6.3.1 Standard License
6.3.1.1 Definition
A standard license allows Tracks to be combined with Projects that are for personal or social media, non-monetizable, non-commercial use only.
6.3.1.2 Rights Management and Youtube Copyright Claims
Our Tracks are registered with Youtube Content ID and other copyright fingerprint or rights management services to protect our copyrights and collect royalties where possible including on other social media platforms.
On Youtube this means you may see a copyright claim on a video with our music, but it will not inhibit your ability to publish a video. A copyright claim is not a copyright strike. We allow use of our music even if you see a copyright claim.
To remove a copyright claim in order to fully monetize a video yourself, you will need at least a Commercial License. After buying a commercial license you can request the claim be removed.
6.3.1.3 Attribution Required
This license requires that attribution for the Tracks in any projects you create and publish. For example: Music from: www.NowAddMusic.com or Alternatively you could list the Song Title, the Artist and/or the Writer.
6.3.2 Commercial License
6.3.2.1 Definition
A Commercial license allows Tracks to be combined with Projects for the same uses of the Standard License.
In addition, a Commercial license allows Tracks to be combined with Projects that may be monetized on Youtube, sold, licensed, donated used for internet advertising, or otherwise exploited for a profit, excluding use in traditional broadcasting such as tv, film, theater, or new streaming tv networks, as well as advertisements that are broadcast in the same way.
6.3.2.2 Youtube Monetization
Projects may be monetized by you on Youtube. You will need to request a copyright claim be removed.
This does not necessarily apply to other platforms, as for example on TikTok there is no way to remove a copyright claim.
6.3.2.3 Attribution Appreciated by not Required
Attribution is not required with a Commercial License, but you can still give attribution if you would like to.
6.3.2.5 Commercial License Membership
6.3.2.5.1 The Commercial License applies to Tracks that are accessed, purchased or downloaded as a part of a Commercial License Membership.
6.3.2.5.2 A Commercial License Membership may be purchased on the Website. A Commercial Membership is for 1 year, during which time you may download any Track available for that membership and publish a resulting Project and the Commercial License will apply. After you cancel your membership and the period expires or your membership is terminated, you may no longer download or use previously downloaded Tracks for creating or publishing new Projects that require Commercial License.
6.3.2.5.3 Your Commercial License Membership will recur automatically each year.
6.3.2.5.4 Your Commercial License Membership will provide you with a Commercial License Certificate for all of the Tracks available during your subscription period which can be found in the Membership Area.
6.3.3 Broadcast License
6.3.3.1 Definition
A Broadcast License allows Tracks to be combined with Projects for the same uses of the Standard License.
A Broadcast License allows Tracks to be combined with Projects for the same uses of the Commercial License.
In addition, a Broadcast license allows Tracks to be combined with Projects that may be used in traditional broadcasting such as tv, film, theater, or new streaming tv networks, as well as advertisements that are broadcast in the same way.
6.3.3.2 Youtube Monetization
Projects may be monetized by you on Youtube. You will need to request a copyright claim be removed.
This does not necessarily apply to other platforms, as for example on TikTok there is no way to remove a copyright claim.
6.3.3.5 Non-Broadcast Type Attribution Appreciated by not Required
Attribution in non-broadcast media is not required with a Commercial License, but you can still give attribution if you would like to.
6.3.3.5 End Credits / Billing Required
Attribution is required for broadcast media or media with end credits or billing. Media such as films and TV shows with end credits and / or IMDB credits should credit the music used.
6.3.3.5 Music Cue Sheets Required
For Projects that are broadcast or given public performance on traditional media (such as TV, Radio, Theater, Cable, Satellite) or streaming media providers (such as Netflix, Hulu…) or any other medium, that retains valid performance licenses from the American Society of Composers, Authors and Publishers (“ASCAP”) [where song publisher and composer performance royalties are paid by the broadcaster] you will send to ASCAP or the broadcaster a music cue sheet with regard to such work within thirty (30) days of the initial commercial broadcast of the Project and before the first foreign theatrical performance of a feature film.
Music cue sheets for ASCAP can be sent via the email address: cuesheets@ascap.com, or by any means that ASCAP accepts cue sheet reports.
In addition and at the same time, you will send a copy of the same music cue sheet to Now Add Music via he email address: info@nowaddmusic.com
Cue sheets should be submitted to the broadcaster who is required to submit them to the PRO.
Any royalties are paid by the Broadcaster to the PRO, not by the production house.
You will prepare the music cue sheet from Now Add Music Cue Sheet Information found in the members area.
Now Add Music Cue Sheet Information
6.3.3.6 Broadcast License Membership
6.3.3.6.1 The Broadcast License applies to Tracks that are accessed, purchased or downloaded as a part of a Broadcast License Membership.
6.3.3.6.2 A Broadcast License Membership may be purchased on the Website. A Broadcast Membership is for 1 year, during which time you may download any Track available for that membership and publish a resulting Project and the Broadcast License will apply. After you cancel your membership and the period expires or your membership is terminated, you may no longer download or use Tracks for creating or publishing Projects with a Broadcast License.
6.3.2.6.3 Your Broadcast License Membership will recur automatically each year.
6.3.2.6.4 Your Broadcast License Membership will provide you with a Broadcast License Certificate for all of the Tracks available during your subscription period which can be found in the Membership Area.
7 Fees and Taxes
7.1 Fees
7.1.1 A valid payment method, including credit card, debit card, or PayPal account, is required to process the payment for your Membership or one-off license. Now Add Music will process your payment via a third-party payment processor. When you subscribe to a paid Membership or purchase a one-off license, you shall provide Now Add Music with your contact information, and credit card details. By submitting such payment information, you automatically authorize Now Add Music and our third-party payment processor to charge all Membership fees or one-off licensing fees to such credit card or debit card for:
7.1.1.1 the total amount of the Membership fee or one-off licensing fee,
7.1.1.2 any other charges as agreed between the Parties, and
7.1.1.3 any and all applicable taxes.
7.1.3 Your use of the Services under the Pro Membership Subscription shall be billed on a yearly basis (“Billing Cycle”).
7.1.4 You acknowledge and understand that upon the expiration of your Membership, you shall actively renew your Membership in order to be able to continue using the Membership Services.
7.1.5 Now Add Music may in its sole discretion and at any time, modify the Membership fees and one-off licensing fees. Any Membership fee change will become effective at the end of the then-current Billing Cycle, and any one-off licensing fee change will become effective immediately. Your continued use of the Services after the Membership fee or one-off licensing fee change has come into effect shall constitute your agreement to pay the modified Membership fee or one-off licensing fee amount.
7.1.6 Now Add Music does not guarantee that the Membership and Licenses offered on the Website will be offered indefinitely and reserves the right to change the Membership fees or one-off licensing fees and to alter the features and options associated with any particular Membership or License.
7.2 Taxes
7.2.1 Unless stated otherwise on the Website or this Agreement, all fees due for your use of and access to the Website and Services, shall be exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, whether disputed or not, including any value-added, sales, use or withholding taxes, assessable by any jurisdiction (“Taxes”).
8. Acceptable Use of Website and Services
You may not use the Website to transmit, distribute, store or destroy any material or information:
8.1 in violation of any applicable law or regulation;8.2 in a manner that infringes Now Add Music’s Intellectual Property Rights (defined below) or any third-party’s intellectual property rights;
8.3 in a manner that violates the privacy or other personal rights of third parties;
8.4 that is defamatory, damaging, disruptive, obscene, threatening, abusive or hateful, and/or
8.5 in order to upload, post, email, transmit, or otherwise make available any content that shall:
8.5.1 be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; and
8.5.2 incite, encourage or threaten immediate physical harm against another, promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; contains material that solicits personal information from anyone under the age of eighteen (18) or exploits anyone in a sexual or violent manner.
9 Intellectual Property Rights, Copyrights and Trademarks
9.1 All content, trademarks, third-party logos and names, data, software, information or information contained in any materials, or documents used by Now Add Music in relation to the Website and Services, including, but not limited to, any and all copyrighted works, Music Tracks, databases, text, tools, software, technology, algorithms, graphics, icons, designs, logos, graphics, hyperlinks, domain names, codes, information and agreements (“Materials”), are the sole and exclusive property of or are licensed to Now Add Music. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without Now Add Music’s prior written permission.9.2 Any and all intellectual property rights in the Materials, Website and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Now Add Music’s Intellectual Property Right(s)”), vests solely and exclusively in Now Add Music, its affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by Now Add Music to you are reserved by Now Add Music. Save as expressly set out herein, you shall not acquire any right, title or interest in Now Add Music’s Intellectual Property Rights.
9.3 Ownership of Music Tracks. You acknowledge and agree that the Music Tracks available on the Website are licensed, not sold, to you by Now Add Music in its capacity as licensee having been granted, from publisher(s), composer(s)/songwriter(s), record label(s), and/or recording artist(s), (“Copyright Owner(s)”) a license to sub-license Music Tracks to you in accordance with the terms and conditions of this Agreement. You acknowledge and agree that all ownership and copyright interests in the Music Tracks are owned/held by the Copyright Owner(s) of such Music Tracks. As such, when you download any Music Track(s) from the Website, you:
9.3.1 are purchasing the applicable License for use of the Music Track(s) in your Project, and9.3.2 are not purchasing ownership of the Music Track(s).
9.3.3 do not acquire any right, title or ownership interest in the Music Tracks.
10 Advertisements
The Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. Now Add Music assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
11 Third Party Sites, Information and Content at the Website
This Website may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, advertisements, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience or tool in delivering our Services and does not imply endorsement of, or association with the Website or party by us, or any warranty of any kind, either express or implied.
12 General Provisions
12.1 Arbitration All disputes under this Agreement that cannot be resolved by the parties shall
be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law.
12.2 No Assignment
You shall not assign or otherwise transfer your rights under this Agreement, without the prior written consent of Now Add Music. This Agreement shall be binding upon Now Add Music, its affiliates, or any corporation or other entity to which Now Add Music may:
12.2.1 transfer all or substantially all its assets and business, and12.2.2 assign this Agreement, in which case references to “Now Add Music” as used herein shall mean such affiliate, corporation or other entity.
12.3 Relationship
You acknowledge that Now Add Music is merely a service provider. Accordingly, there is no employment, agency, joint venture, partnership, or independent contractor-client relationship between you and Now Add Music.
12.4 Notices
Except as otherwise provided under this Agreement, any notice required or permitted to be given will be effective only if it is in writing and sent by you, certified mail, registered mail, courier or to support@nowaddmusic.com, or by us to the email provided at purchase or registration.
12.5 Entire Agreement
This Agreement contains the entire agreement of the parties and there
are no other promises or conditions in any other agreement whether oral or written. This
Agreement supersedes any prior written or oral agreements between the parties.
12.6 Amendment
This Agreement may be modified or amended, if the amendment is made in
writing and is signed by both parties.
12.7 Severability
If any provision of this Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds
that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision
it would become valid or enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
12.8 No Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
12.9 Governing Law
This Agreement shall be governed by the laws of the State of Utah, in the United States of America.
13 Disclaimer of Warranties
13.1 Unless otherwise provided under this Agreement, the Services shall be provided by Now Add Music to you “as is,” and “as available” with all faults, defects, bugs, and errors.13.2 NOW ADD MUSIC HEREBY (I) DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE WEBSITE; AND (II) MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION.
13.3 NOW ADD MUSIC AND/OR ITS RESPECTIVE AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND SERVICES FOR ANY PURPOSE. NOW ADD MUSIC AND/OR ITS RESPECTIVE AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
13.4 NOW ADD MUSIC MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE WEBSITE AND /OR SERVICES WILL BE CORRECTED, OR (IV) THAT THE WEBSITE AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
13.5 ANY MATERIAL/INFORMATION/MUSIC TRACK DOWNLOADED, CAPTURED, SUBMITTED, CREATED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, SHARING, UPDATING, MANAGEMENT, CAPTURING, SUBMISSION OR CREATION BY YOU OF ANY SUCH MATERIAL/INFORMATION/MUSIC TRACK.
14 Limitation of Liability
14.1 NOW ADD MUSIC, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND/OR FROM YOUR USE OF THE SERVICES, EVEN IF NOW ADD MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.14.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOW ADD MUSIC’S (INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS.
15 Suspension, Termination and Cancellation of Membership or Subscription Plan
15.1 Suspension and TerminationNow Add Music may suspend, terminate or temporarily disable access to all or part of the Website, User Account, or Services if:
15.1.2 Now Add Music suspects you of partaking in any illegal activity;
15.1.3 Now Add Music reasonably believes that you have violated this Agreement; or
15.1.4 applicable law enforcement or other government agencies have requested Now Add Music to suspend or temporarily disable your access to the Website and/or Services.
15.2 Cancellation
Your access and use of the Music Tracks on the Website will continue until the end of your Billing Cycle during which your Subscription Plan shall be canceled.
16 Privacy Policy
Now Add Music Privacy Policy is available at https://www.nowaddmusic.com/privacy-policy and governs the use, storage and processing of the personal information you may provide to use through your access to the Website and/or use of the Services. Your election to use the Services via the Website shall be deemed to constitute your acceptance of the terms of Now Add Music Privacy Policy.
17 Contacting
You may contact us with any questions or concerns about this agreement, your license, account or use of music by emailing us at: support@nowaddmusic.com