Tazz Tunez License
THE COPYRIGHTED MATERIAL (“WORK”) BEING OFFERED BY TAZZ TUNEZ AKA ALVAROFLOW (OWNER) (“LICENSOR”) UNDER THIS LICENSE IS/ARE PROVIDED SOLELY
UNDER THE TERMS OF THIS LICENSE ("LICENSE"). THE WORK IS PROTECTED BY
COPYRIGHT. ANY USE OF THE WORK OTHER THAN AS SPECIFICALLY AUTHORIZED BY
THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO OR USING THE WORK(S) HEREIN PROVIDED IN ANY
MANNER,
YOU AGREE TO BE BOUND BY THIS LICENSE.
1. For good and valuable consideration, receipt and sufficiency of which is hereby
acknowledged, Licensor hereby grants to you ("User") a gratis, worldwide,
non-exclusive, royalty-free, non-transferable, non-assignable license to use, copy,
publicly perform and display, synchronize with
video, the sound recording(s), which are made available to you for download via
Licensor’s Website.
2. By accessing the Website and downloading any song from the Website (herein
referred to as the “Property”), and for each and every song downloaded from the Server,
User expressly agrees that the terms and limitations of this License apply to User and
User’s use of the music downloaded.
3. The Property, and each song that is the subject of this License includes the
recording, the composition and other content embodied therein.
4. The Property may be used solely and exclusively in connection with User
videos that are contained on User’s Twitch, Youtube, Podcast or equivalent channels
(“User Content”), in perpetuity. For the avoidance of doubt, as long as User complies
with this License, User will be under no obligation to pay Licensor royalties for the use of
the Property, whether mechanical, public performance, synchronization or otherwise,
except in those jurisdictions in which the right to collect royalties through any statutory
or compulsory licensing scheme cannot be waived, in which case Licensor reserves the
right to collect such royalties for any exercise by User of the rights granted under this
License.
5. All rights not expressly granted by Licensor are hereby reserved. User may not
sublicense the Property or assign this License to any other person or entity. User shall
not (a) make available, reproduce, distribute, resell, or perform, the Property separately
from the User Content into which the Property has been incorporated (e.g., standalone
distribution, performance, sale or reproduction of the Property is expressly prohibited);
(b) use the Property in connection with defamatory, or fraudulent content or in
connection with pornographic or illegal images, sounds, or content, or any depictions of
illegal activity whatsoever, whether directly or in context or by juxtaposition with other
materials; (c) make any change to the Property, including the making of any derivatives
thereof, or any sampling, remixing or other edits; or (d) change the Property, including
altering the harmonic structure or melody of the Property.
6. Except as set forth herein, User is prohibited from making any commercial
public performance of the Video in connection with any medium, regardless of whether
such medium retains valid performance licenses from the American Society of
Composers, Authors and Publishers (“ASCAP”), Broadcast Music, Inc. (“BMI”), or other
applicable performing rights society.
7. In connection with each use of the Property, User should use reasonable efforts
provide, reasonable to the medium: (i) the name of the author; (ii) the title; and (iii) if
supplied, the URL associated with the author of the Property (for example, the website
address for the artist or composer). User may not implicitly or explicitly imply any
connection with, sponsorship or endorsement by Licensor of User, User’s use of the
Property, or any product or service without the separate prior written permission of
Licensor. User shall also incorporate all applicable notices of copyright, trademark, or
other proprietary rights that Licensor requires to be incorporated into any media that
contains or uses the Property. User is hereby granted a non-exclusive license to use
Licensor’s professional name in connection with the Property.
8. Licensor agrees to defend, indemnify and hold harmless User from and against
any and all claims, damages, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from Licensor’s violation of any third-party
rights in or to the Property, including, without limitation, copyrights. User agrees to
defend, indemnify and hold harmless Licensor and its officers, directors, employees and
agents, from and against any and all claims, damages, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from: (i) User’s
violation of any term of this agreement; and (ii) User’s use of the Property, except for
those matters that are the subject of Licensor’s indemnity obligations.
9. LICENSOR OFFERS THE PROPERTY AS-IS AND MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING THE PROPERTY, EXPRESS, IMPLIED, OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR
THE ABSENCE OF DEFECTS, WHETHER OR NOT DISCOVERABLE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
EXCLUSION MAY NOT APPLY TO USER. EXCEPT TO THE EXTENT REQUIRED BY
APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO USER FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF
THIS LICENSE OR THE USE OF THE PROPERTY.
10. Licensor represents, and warrants that Licensor has the necessary licenses,
rights, consents, and permissions to grant the rights herein and that User’s use of the
Property will not infringe any third-party rights. User affirms that he/she is either more
than eighteen (18) years of age, or an emancipated minor, or possess legal parental or
guardian consent, and is fully able and competent to enter into this License. In any case,
User affirms that he/she is over the age of 13, as this website is not intended for children
under 14.
11. The User hereby understands that any commercial “public performance” of the
Property may require acquisition of a license through ASCAP, BMI or SESAC for a
customary or blanket license fee. The User, therefore, hereby acknowledges and agrees
that the public performance of the Property as incorporated in the User Content may be
subject to the condition that User obtain and pay for any public performance licenses
necessary in connection with the exploitation of the rights granted herein.
Notwithstanding the foregoing, the rights granted herein include the right to
non-commercially publicly perform the Property as incorporated in the User Content
12. This License contains the entire agreement of the parties with respect to the
subject matter hereof and supersedes any and all prior agreements or understandings,
whether oral or written. Each party acknowledges that it is not relying upon any warranty,
representation, or promise made by any other party hereto in agreeing to this License.
No provision hereof may be waived unless such waiver is in writing and signed by each
party. Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision. This License may be modified only by a written agreement executed by all of
the parties. This License and the rights and liabilities of the parties, shall in all respects
be interpreted under the laws of Utah, and any action to enforce or interpret the terms
hereof shall be brought exclusively in the courts of Utah County, Utah. If any provision of
this License is held to be invalid or unenforceable, the remaining provisions shall
continue in full force and effect.
TO SUMMARIZE:
• ALL SONG OWNERSHIP BELONGS TO ALVAROFLOW AKA TAGTAZZ
• YOU ARE ALLOWED TO USE ANY SONG WITHOUT WORRYING ABOUT COPYRIGHT
• IF YOU TRY TO CLAIM THE SONG AS YOUR OWN YOU WILL BE HELD ACCOUNTABLE AND
WE WILL TAKE LEGAL MATTERS
• BY USING ANY SONG, YOU ARE AGREEING TO EVERYTHING STATED IN THIS CONTRACT