A. Purpose of the Agreement
– This section explains the purpose of the agreement and why the user is agreeing to the terms and conditions.-
The purpose of this agreement is to set forth the terms and conditions under which Legis Music (hereafter referred to as “Licensor”) agrees to license its royalty-free music to users of legismusic.com (hereafter referred to as “User”). By purchasing a license, the User agrees to be bound by the terms and conditions set forth in this agreement.
– This section defines key terms used throughout the agreement, such as “Music,” “User,” “License,” etc.-
For purposes of this agreement, the following terms shall have the meanings set forth below:
- “Music” shall mean the audio recordings, including but not limited to, music, sound effects, and/or loops, made available for licensing on legismusic.com.
- “License” shall mean the right granted to the User under this agreement to use the Music in accordance with the terms and conditions set forth herein.
- “User” shall mean the person or entity that has purchased the License.
II. License Grant
A. Scope of the Licenses and Permitted Uses
– This section explains the scope of the license the user is purchasing, including the type of license, the duration of the license, and any restrictions or limitations on use.-
Legis Music offers 3 different licenses:
1. Starter Plan:
- The Starter Plan is suited for personal projects and is only available if you credit Legis Music and link to our webpage (legismusic.com).
- You may use the music in personal projects and on all social media platforms (e.g. Instagram, Facebook, Twitter, Tiktok, LinkedIn) as long as you credit Legis Music in every publication.
- You may also use the music on any website, as long as you add a link to Legis Music’s website.
- If you cannot credit or link to Legis Music, you should consider purchasing the Personal Plan.
- Legis Music guarantees that you will not receive a copyright claim for using the music with the Starter Plan.
2. Personal Plan:
- The Personal Plan is ideal for any personal project and offers unlimited downloads and channels.
- You may use the music in all personal projects and on Youtube and all social media or streaming platforms.
- You may also use the music on any website, apps, video games, audiobooks, podcasts, virtual classes, and online courses.
- The Personal Plan cannot be used for client work, online ads, TV, Cinema, or Radio. For these use cases, the Business Plan should be purchased.
- You do not need to credit Legis Music for using the music with the Personal Plan.
- You will not receive any warnings from YouTube for using the music with the Personal Plan, as all the music is licensed and the company holds all economic rights.
3. Business Plan:
- The Business Plan is ideal for freelancers or businesses and offers unlimited downloads and channels.
- You may use the music anywhere you can think of, with the exception of re-selling it or for illegal purposes.
- Your clients will not receive any copyright claims or warnings from YouTube for using the music with the Business Plan.
- You may use the music in big movies or documentaries without restrictions.
- The Business Plan is a lifetime license with no expiration date. After paying once, you will have access to Legis Music’s music forever, including any new additions.
– This section specifies any uses of the Music that are prohibited, such as selling the Music or using it for illegal purposes.-
The use of Legis Music is subject to certain restrictions, which are outlined in this section. The following uses of the Music are strictly prohibited:
- Resale or Re-licensing: The Music may not be resold or re-licensed to any third party. This includes, but is not limited to, selling or licensing the Music to other individuals or organizations.
- Illegal Purposes: The Music may not be used for any illegal purpose, including but not limited to, infringement of any third party intellectual property rights or for the creation of any illegal or harmful content.
- Misrepresentation: The Music may not be used in a manner that misrepresents the original creation, artist or Legis Music.
- Infringement: The Music may not be used in a manner that infringes upon any third party intellectual property rights, including but not limited to, copyrights, trademarks or patents.
By using the Music, you agree to comply with all the restrictions and prohibitions outlined in this section. Failure to comply with these restrictions may result in the termination of your license and legal action.
III. Payment and Royalties
A. License Fee
– This section explains the cost of the license and how the user will be charged.-
The Starter Plan is offered free of charge, while the Personal Plan is priced at $49 (paid once) and the Business Plan is priced at $99 (paid once).
Payment for the license fee will be processed through Stripe, which accepts credit and debit card transactions. We are considering the possibility of offering additional payment options, such as PayPal and cryptocurrency, in the near future.
– This section explains whether the user is required to pay any additional royalties for using the Music.-
The license of the Music does not entail any royalty payments. The Music is 100% owned by Legis Music and not registered with any Performance Rights Organizations or similar entities.
As such, the user is not required to make any additional payments for the use of the Music beyond the license fee outlined in Section A.
IV. Ownership and Intellectual Property
A. Ownership of the Music
– This section explains who owns the Music and what rights the user is purchasing.-
All the music on the Legis Music page is owned 100% by Legis Music and is not registered with any Performance Rights Organizations or similar entities.
The license granted under this agreement does not transfer any ownership rights to the Music to the user. The user acknowledges and agrees that they have no right to claim any ownership of the Music, including any modifications or derivatives made to the Music by the user. The user may only use the Music in accordance with the terms and conditions outlined in this agreement.
Legis Music retains all rights, title, and interest in and to the Music, including all intellectual property rights associated with the Music. The user must take all necessary steps to protect the Music and the proprietary rights of Legis Music, including but not limited to, using proper copyright notices and including appropriate credits when using the Music.
B. Copyright Infringement
– This section explains the user’s responsibilities if they use the Music in a way that infringes on the rights of others.-
- The user shall not infringe or violate the proprietary rights of Legis Music, including but not limited to, the copyright in the Music.
- Any unauthorized use of the Music in a manner that infringes the proprietary rights of Legis Music shall be deemed a material breach of this agreement and may result in legal action.
- The user shall indemnify and hold harmless Legis Music and its affiliates against any and all claims, losses, damages, liabilities, and expenses, including reasonable attorney’s fees, arising from any infringement or violation of the proprietary rights of Legis Music by the user.
In the event of a copyright infringement claim, the user agrees to immediately remove the infringing material and/or discontinue the use of the Music.
V. Warranties and Representations
A. Music Warranties
– This section explains any warranties made by the provider with respect to the Music, such as that it is original and not infringing on the rights of others.-
- Legis Music hereby warrants that it is the sole and exclusive owner of the Music and has the right to grant the license as set forth in this Agreement.
- Legis Music represents and warrants that the Music does not infringe the intellectual property rights of any third party, including but not limited to copyrights and trademarks.
- Legis Music makes no other representations or warranties, express or implied, with respect to the Music, including but not limited to warranties of merchantability or fitness for a particular purpose.
- Legis Music shall not be liable for any claims or damages arising from the use of the Music, including but not limited to claims of infringement of any third-party intellectual property rights.
B. User Representations
– This section explains any representations made by the user, such as that they will use the Music only as permitted under the agreement.-
The User represents and warrants to Legis Music that (i) the User has the right, power, and authority to enter into this agreement, (ii) the User will not use the Music in a manner that infringes the intellectual property rights of any third party, and (iii) the User will comply with all applicable laws in connection with the User’s use of the Music.
The User shall indemnify and hold harmless Legis Music against any and all claims, damages, and expenses (including reasonable attorney’s fees) arising from the User’s breach of any representation or warranty set forth in this section.
VI. Termination and Refunds
A. Termination for Breach
– This section explains what happens if the user breaches the agreement, including the right of the provider to terminate the license.-
This agreement may be terminated by Legis Music if the User breaches any material term or condition of this Agreement, including, but not limited to, the restrictions set forth in Section II. C Prohibitions and Section IV B. Copyright Infringement.
Upon any such termination, the User shall immediately discontinue the use of the Music, destroy all copies of the Music in their possession, and confirm such destruction in writing to Legis Music.
The termination of this Agreement shall not limit Legis Music from pursuing any other rights or remedies available to it under this Agreement or at law. The User acknowledges that a breach of this Agreement by the User will cause Legis Music irreparable harm and that Legis Music may seek any appropriate remedies, including but not limited to, injunctive relief, without the requirement to post a bond, in addition to any other rights or remedies Legis Music may have.
B. Refund of the Money
– This section explains the user’s right to ask for a refund for any reason.-
The User may request a refund of the license fee paid within fourteen (14) days from the date of purchase if the User is not satisfied with the Music.
Legis Music shall process the refund within a reasonable time frame, not exceeding thirty (30) days from the receipt of the request. All refund requests must be made in writing and sent to the email address firstname.lastname@example.org.
VII. Limitation of Liability
A. Disclaimer of Warranties
– This section explains that the provider is not responsible for any damages or losses incurred by the user as a result of using the Music.-
Legis Music provides the Music on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Legis Music does not warrant that the Music will meet your requirements or that the use of the Music will be uninterrupted, timely, secure, or error-free.
You acknowledge and agree that you use the Music at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result from the use of the Music.
No oral or written information or advice given by Legis Music or its authorized representatives shall create a warranty. To the maximum extent permitted by law, Legis Music and its affiliates, officers, agents, partners, and employees shall not be liable for any damages, direct or indirect, incidental, consequential, or otherwise, arising out of or in connection with your use of the Music.
B. Limitation of Liability
– This section sets a limit on the provider’s liability, such as the maximum amount of damages the provider will pay in the event of a breach.-
The User may cancel this Agreement for any reason at any time. Upon cancellation, the User shall immediately stop using the Music and delete all copies of the Music in their possession. Legis Music shall have no further obligation to the User, and the User shall have no further right to use the Music. Any unused portion of the license fee, if applicable, shall not be refunded to the User.
A. User Indemnification
– This section explains that the user will indemnify the provider against any claims or damages arising from their use of the Music.-
The User agrees to indemnify, defend and hold harmless Legis Music and its employees, agents, representatives, affiliates, licensors and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorney fees) that such parties may incur as a result of or arising from the User’s breach of this Agreement, the User’s use of the Music, or the User’s infringement of any Intellectual Property Rights or other rights of any third party.
The User shall cooperate as fully as reasonably required in the defense of any claim. Legis Music reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with Legis Music in asserting any available defenses.
IX. Governing Law and Jurisdiction
A. Governing Law
– This section specifies the law that governs the agreement, such as the law of a particular state or country.-
This agreement shall be governed by and construed in accordance with the laws of Spain, and in particular, the laws of the Catalonia region, with jurisdiction in Barcelona. Any dispute arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.
A. Entire Agreement
– This section explains that the agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings.-
This Music License Agreement constitutes the entire agreement between the User and Legis Music, and supersedes all prior and contemporaneous negotiations, representations, and agreements, whether written or oral, relating to the subject matter of this Agreement.
This Agreement may only be amended in writing and executed by both parties. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision shall be deemed deleted, and the remaining provisions shall remain in full force and effect. The failure of either party to enforce any right or remedy under this Agreement shall not be construed as a waiver of any future enforcement of such right or remedy.
The User acknowledges that it has not entered into this Agreement in reliance upon any representation or warranty that is not set forth herein.
– This section explains the process for amending the agreement and whether amendments need to be in writing.-
This Music License Agreement may be amended, altered, or modified only by written instrument executed by both parties. No oral agreement or waiver, express or implied, will be binding on either party. Any amendment, alteration, or modification of this Music License Agreement must be in writing and signed by both parties to be effective.
– This section explains whether the user is allowed to assign the license to another party and under what circumstances.-
This agreement may not be assigned by the User without the prior written consent of the Provider. Any attempted assignment without such consent shall be null and void. The Provider may assign this agreement at its sole discretion and without the User’s prior written consent.
The assignment of this agreement shall not relieve the User of its obligations under this agreement.
– This section explains that if any portion of the agreement is found to be unenforceable, the remaining provisions will still be valid and enforceable.-
If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be struck and the remaining provisions shall be enforced. The parties agree to substitute for such invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
– This section explains how notices must be given under the agreement, such as by email or registered mail.-
Any notices, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by confirmed electronic mail or by registered or certified mail, return receipt requested, to the address of the parties as set forth below or such other address as either party may have furnished to the other in writing:
To Legis Music: email@example.com
To User: The email address provided by the User during the registration/payment process.
Notice given by confirmed electronic mail shall be deemed given on the date sent, provided that a duplicate copy is sent by registered or certified mail as described above.