Terms and Conditions

1- Definitions

Project: A media project to which Record­ing is syn­chro­nized.

Record­ing: A cer­tain piece of record­ed music avail­able for license from Pop­Fuzion TV (includ­ing a musi­cal com­po­si­tion).

2- PopFuzion Tv Non-Exclusive Licenses

By pur­chas­ing a Pop­Fuzion Tv license, Pop­Fuzion grants you the lim­it­ed, non-exclu­sive, non-trans­fer­able, world­wide (except where express­ly lim­it­ed to a sin­gle “Ter­ri­to­ry”) right and license, in per­pe­tu­ity to mod­i­fy (sub­ject to relat­ed restric­tions) and use a Record­ing in accor­dance with the terms and con­di­tions of the Agree­ment, and the Stan­dard or Pre­mi­um License, as applic­a­ble. In con­sid­er­a­tion of the license you pur­chase, you here­by agree to pay Pop­Fuzion TV a cer­tain license fee accord­ing to our web­site rates. Please see our License page for cur­rent pric­ing.

Pre­views of Record­ings are avail­able for down­load on the Pop­Fuzion web­site, are for inter­nal test­ing and client approval pur­pos­es only and can­not be used for any oth­er pur­pose includ­ing, but not lim­it­ed to, any unli­censed use in com­mer­cial mate­ri­als, adver­tise­ments, dig­i­tal media or video syn­chro­niza­tion.

Please find the details for each license below, fol­lowed by specifics per­tain­ing to all license types:

Stan­dard License

Our STANDARD license allows you to use the Record­ing in an unlim­it­ed num­ber of Projects in the fol­low­ing ways:

On the web, includ­ing Com­mer­cial­ly Dis­trib­uted* Projects, includ­ing but not lim­it­ed to:

• (i)
in online stream­ing (YouTube, Vimeo, Net­flix, Hulu, Ama­zon Prime)
• (ii)
Web­sites and social media
• (iii)
Web adver­tis­ing (includ­ing as part of pre-roll adver­tis­ing) and
• (iv)
in Pod­casts

Any Project that is not “Com­mer­cial­ly Dis­trib­uted”*, or oth­er­wise express­ly set forth as a Pre­mi­um License use case, includ­ing but not lim­it­ed to

• (i)
Cor­po­rate Videos
• (ii)
Videos and Slideshows sold to third par­ties for non-com­mer­cial use (e.g. wed­ding videos)
• (iii)
Apps and video games
• (iv)
Film and the­atre (stu­dent, film fes­ti­val) and
• (v)
TV & radio pro­gram­ming (pilots, pub­lic broad­cast­ing)

*A Com­mer­cial­ly Dis­trib­uted Project shall mean the dis­tri­b­u­tion via down­load or in phys­i­cal form of more than 1,000 units of any sin­gle Project if such Project is intend­ed to gen­er­ate rev­enue to you.

3- Additional Terms For All License Types

Record­ing licensed here­un­der are for your own per­son­al or orga­ni­za­tion­al usage only. You may use the Record­ing for your per­son­al Projects and/or pro­fes­sion­al Projects you under­take for your clients or for your employ­er. Please note that this license does not include pub­lic per­for­mance rights. In order to prop­er­ly report music used in TV and radio pro­duc­tions, cue sheets must be filed with the net­works, sta­tions and appro­pri­ate PROs, and a copy must be e‑mailed to [email protected] Pop­Fuzion Tv will pro­vide all cue sheet infor­ma­tion upon request. With any of our licens­es you may use a Pop­Fuzion Tv Record­ing on online video plat­forms sys­tems, but Pop­Fuzion Tv retains own­er­ship of the Record­ing. You may not claim own­er­ship of the Record­ing (or oth­er­wise make it avail­able) through any con­tent detec­tion and/or reg­is­tra­tion sys­tem (such as YouTube’s Con­tent ID), even if syn­chro­nized with your own Project.

4- Limitations of Use

You may not:

• sell, trans­fer, sub­li­cense, share, give away or oth­er­wise assign the Record­ings or your rights grant­ed here­un­der to any oth­er par­ty.
• resell the Record­ing by itself or as part of a pack­age except sole­ly as embod­ied with­in your Project.
• resell the Record­ing (or oth­er­wise make it avail­able) in any man­ner that would enable a third par­ty to down­load the Record­ing as a sep­a­rate file, such as in e‑card tem­plates or web­site tem­plates.
• resell the Record­ing (or oth­er­wise make it avail­able) as part of any com­pet­ing prod­uct such as music com­pi­la­tion or music library.
• sell the Record­ing (or oth­er­wise make it avail­able) as, or as part of, your music or as your song, even if it has been trans­formed or edit­ed, or if you add oth­er instru­ments or vocals to the music.
• claim to be the cre­ator or copy­right hold­er of the Record­ing or of any deriv­a­tive work cre­at­ed from the Record­ing.

5- Ownership

You here­by acknowl­edge that Pop­Fuzion Tv is and remains the own­er of all right, title and inter­est in the Record­ing, includ­ing with­out lim­i­ta­tion any copy­rights there­in. The Record­ing is pro­tect­ed by and sub­ject to Cal­i­for­nia and inter­na­tion­al copy­right laws. This license is non-exclu­sive and Pop­Fuzion Tv retains the right to sell licens­es of the Record­ing to third par­ties at its sole dis­cre­tion.

6- Limitation of Liability

Pop­Fuzion TV makes no war­ran­ty or rep­re­sen­ta­tion, express or implied, except that it war­rants that it has the right to grant the license grant­ed here­un­der. The total lia­bil­i­ty of Pop­Fuzion TV under this Agree­ment aris­ing from your use of any Record­ing shall be lim­it­ed to the license fee paid by you for such Record­ing. You here­by agree that this license is grant­ed to you with­out any oth­er war­ran­ty or recourse.

7- Availability

Pop­Fuzion TV makes all pos­si­ble efforts to make sure that all the Record­ings that com­prise its online library are avail­able at all times. How­ev­er, Pop­Fuzion TV makes no rep­re­sen­ta­tions or war­ranties that all Record­ings will be avail­able at all times. Pop­Fuzion TV may dis­con­tin­ue licens­ing cer­tain Record­ings at its sole dis­cre­tion. In the event that Pop­Fuzion TV gets a notice or oth­er­wise con­cludes that any Record­ing may be sub­ject to a claim of infringe­ment of another’s right for which Pop­Fuzion TV may be liable, Pop­Fuzion TV may require you to imme­di­ate­ly stop using the Record­ing, delete or remove the Record­ing from its premis­es, com­put­er sys­tems and stor­age (elec­tron­ic or phys­i­cal); and ensure that its clients do like­wise. Pop­Fuzion TV shall pro­vide you with com­pa­ra­ble con­tent (which com­pa­ra­bil­i­ty will be deter­mined by Pop­Fuzion TV in its rea­son­able com­mer­cial judg­ment) free of charge, but sub­ject to the oth­er terms and con­di­tions of this Agree­ment.

8- Taxes

The license fees charged by Pop­Fuzion TV do not include any tax­es, duties or oth­er gov­ern­ment charges. Pop­Fuzion TV will charge you addi­tion­al­ly for the amounts of any such tax­es, duties or oth­er charges which Pop­Fuzion TV is required to col­lect, includ­ing with­out lim­i­ta­tion, sales and use tax­es and val­ue added tax­es. By enter­ing into this agree­ment, you ver­i­fy that your coun­try of res­i­dence is the same as your billing address.

9- General Provisions

This Agree­ment shall be gov­erned by and con­strued accord­ing to the laws of the State of Cal­i­for­nia.

Noth­ing in the present Agree­ment shall be inter­pret­ed as con­sti­tut­ing or cre­at­ing a joint ven­ture or part­ner­ship between the Par­ties. This Agree­ment shall be to the ben­e­fit of and bind the respec­tive heirs, execu­tors, admin­is­tra­tors and assigns of the Par­ties here­to. If any part of this Agree­ment shall be deter­mined to be invalid or unen­force­able by a court of com­pe­tent juris­dic­tion or any oth­er legal­ly con­sti­tut­ed body hav­ing juris­dic­tion to make such deter­mi­na­tion, the remain­der of this Agree­ment shall remain in full force and effect.