End User License Agreement
(EULA)
We are Approved Music Vendors for multiple sports including:
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Cheerleading
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Gymnastics
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Figure Skating
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DanceSport
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Jump Rope
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Color Guard
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and more
and our EULA is compliant with the requirements of those organisations.
Key Points To Look Out For In the EULA:
1) Licenses are granted per track, per mix and have a duration of one year - defined as the Production Term (except that any videos uploaded can stay uploaded indefinitely, you don't need to take them down after a year - defined as the Exploitation Term).
2) Each license covers both master rights (Recordings) and publishing (Compositions) of the track, and allows:
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editing and adapting and combining the track into a mix including cutting down, using with other tracks, tempo shifting and adding sound effects and voice over
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putting choreography to the track
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performing the choreographed routine to the track*
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up to 35 people associated with the team to use the track in the resulting Mix for training and preparation purposes
*The venue will also need to have a public performance license in place as normal
3) We warrant that we have all the rights to indemnify the team / performer(s) against costs associated with our breach of that warranty.
Where To Find These Key Points In The EULA:
1)
Definition of Production Term
the duration of the licence as identified in the Licence Details during which the Licensee may create Mixes and upload Mixes and Videos as permitted in the Licensed Use; (defined as 1 Year in the License Details)
2)
Clause 2 says:
We hereby grant to the Producer a personal, non-exclusive, non-transferable, limited, right to use the Works during the Production Term for the Producer Licensed Use. We hereby grant to the Performer(s) a personal, non-exclusive, non-transferable, limited, right to use the Works as embodied in the Mix during the Production Term for the Performer(s) Permitted Purpose. Subject to the condition precedent that the applicable License Fee has been received by us we hereby grant to the Performer(s) a personal, non-exclusive, non-transferable, limited, right to use the Works during the Online Video Production Term for the Performer(s) Licensed Use. The Recording(s), including the underlying Composition(s) may be used only for the Producer Licensed Use and the Performer(s) Permitted Purpose and the Performer(s) Licensed Use (if any) and for no other purpose whatsoever, subject to, and in accordance with, the terms and conditions of the Agreement.
The definition of Works is: "collectively, the Composition(s) and/or the Recording(s)." i.e. both publishing and master rights together.
The Producer Licensed Use (what the person editing or adapting the track to create the Mix is allowed to do) is:
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Use the Track for the making of a bespoke Mix for the purpose of accompanying a Routine, which may include the Recording (and thereby the underlying Composition):
being edited/trimmed, tempo shifted, pitch shifted,
having voice over and/or sound effects added (filters, noise, flanger, phaser, beats and pre-recorded sounds)
being combined and mixed with other tracks
subject to the Recordings (and thereby the underlying Compositions):
i) not undergoing a material creative re-interpretation and/or the fundamental character of the music and/or lyrics of the Compositions not being altered, and;
ii) not being used in the context of Prohibited Activities (as set out in the Definitions section).
The Performer(s) Permitted Purpose (what the team / performer(s) are allowed to do with the track as per of the Mix) is:
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Put the Track as all or part of the Mix to choreography as a Routine.
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Use the Track as part of the Mix i) to accompany the performance of the Routine by Performer(s), and ii) for training and preparation purposes with respect to the Routine by Performer(s) limited to a maximum of no more than 35 individuals;
1 and 2 above are specifically subject to Recordings (and thereby the underlying Compositions) not being used in the context of Prohibited Activities (as set out in the Definitions section).
2 above is subject to any rights managed by any collecting society in the relevant territory (for example the venue where the Routine is performed needs a BMI or ASCAP license in the US, or a PPL PRS license in the UK, or equivalent in the applicable country). Licensee hereby agrees to report its music usage hereunder as required by collecting society licensees (e.g. venues).
(i.e. the venue where the music is performed still also needs a performing rights license as usual).
3)
Clause 26 warrants that we have all the rights to enter into this agreement, and Clause 27 indemnifies the team / performer(s) against all third party claims if we breach that warranty or other terms of the EULA.
26. We warrant that i) we are entitled to enter into the Agreement and grant the rights granted under the Agreement; ii) the performance of the services and grant of rights hereunder will not violate or conflict with the terms of any other agreement to which we may be bound; (iii) we have complied with all applicable laws and regulations regarding the subject matter herein; and (iv) we are authorized to permit up to a maximum of 35 individuals associated with the Performer(s) to use and copy the Works for training and preparation purposes in connection with the Performer(s) Permitted Purpose.
27. We will defend, indemnify and hold the Performer(s) harmless from and against any and all third party claims, suits, demands, liabilities, costs, judgments, penalties or expense (including reasonable attorney’s fees and court costs) that may be obtained against, imposed upon or suffered as a result of any breach of any such warranty or representation, arising from or in connection with any uses of the Works permitted herein or any material breach by us of the terms and conditions of an Agreement.