Terms Of Service
Public Performance Music Licensing Agreement
1. Introduction: This Music License and Public Performance Agreement, hereinafter referred to as the ‘Agreement’ is between Rightsify Group LLC, d/b/a ‘Rightsify’, (‘Us’, ‘We’, ‘Licensor’), a California Limited Liability Company, including our affiliates, subsidiaries, nominees, and assigns and You (‘Licensee’, ‘You’, or ‘Your’).
2. Territory: This Agreement will be served throughout the country specified in Licensee’s account upon signing this Agreement.
3. Term: This Agreement will be for a Period of One (1) year and will be automatically renewed unless either parties give advance notice of the Agreement not being renewed.
4. Grant Of Rights: Rightsify hereby grants to Licensee the non-exclusive right and license to;
a) Publicly perform for-profit, Rightsify’s sound recordings and musical compositions to be used as background music in Licensee’s place of business.
b) Perform the sound recordings and musical copyrights via our interactive streaming platform to the customers, guests and patrons of your business. The sound recordings and musical copyrights can be performed from any internet-connected device, including but not limited to, laptops, desktop computers, tablets, smartphones and other connected devices.
c) Licensee will be able to login to the web or mobile applications on a pre-approved device, including but not limited to, laptops, desktop computers, tablets, smartphones and other connected devices. In the application, the Licensee can select and play music based on their schedules and preferences.
5. License and Limitations of Rights.
a) This License is not assignable, transferrable or sellable to any third-party whatsoever.
b) This License does not authorize or cover the rights of broadcasting, telecasting, streaming or transmission by wire, internet or otherwise to persons outside of your place of business.
c) This License is for one musical zone or property only. If Licensee wishes to use the service in additional musical zones or properties an additional license is required.
d) Licensee must not perform the sound recordings or musical copyrights outside of the Rightsify platform, meaning they can not be uploaded to any third-party websites or shared with any third-parties under any circumstances .
e) Licensee must not play any other third-party sound recordings or musical compositions in their business unless they have a valid license for third-party rights holders for that music.
f) Licensee must not alter, copy, edit, modify or reproduce the sound recordings and musical copyrights or any portion thereof by any means without the prior written authorization of Rightsify.
g) Licensee must keep all Rightsify account details secure and limited to only the employees managing the service, including but not limited to, usernames, passwords, etc.
h) The Licensee may not alter, modify or obfuscate their IP address or geographical location while using the service.
i) Licensee will notify Rightsify of any and all existing and previous arrangements made with collection societies, music publishers, or rights management administration services.
6. License Fee:
a) The Licensee will pay the annual license fee of $99 as specified in their account upon signing this Agreement.
b) Licensee will be annually automatically on a subscription basis whether it be direct debit, PayPal or wire transfer based upon the Term of this Agreement.
c) There may be at some point a change in fees to the service at Rightsify, if so, we will let you know within 30 days of this.
d) The Licensee acknowledges and agrees that if Rightsify does not receive payment within 30 days of the due date for an annual renewal, Rightsify reserves the right to temporarily hold and restrict service until the existing balance has been paid in full.
7. Reporting: Rightsify will monitor and log all music usage and streaming from within the system in order to account to and pay third-party rights holders.
8. Technology: The Rightsify service is delivered entirely over a broadband and fiber-optic internet connection, therefore this is required in your place of business in order to use the service without interruption or issue.
9. Cancellation: Licensee may cancel the service at any time. However, Rightsify does not provide refunds for any payments made prior to Licensee cancelling the service.
9. Warranties & Representations: Righsify hereby warrants;
a) That Rightsify owns all right title and interest in and to all sound recordings and musical copyrights delivered to Licensee or otherwise has the authority to enter into this Agreement as a representative for the sound recordings and musical copyrights being delivered.
b) That Rightsify has secured all third-party grants of rights, licenses, and permissions necessary to grant all rights and licenses and otherwise fully perform all obligations hereunder.
c) Rightsify will deliver and provide high-quality data, files and streaming infrastructure pertaining to sound recordings and musical copyrights.
d) Rightsify warrants that we have all necessary authority to enter into this Agreement and to fully perform the terms hereof.
10. Indemnification: Licensee hereby grants to indemnify and hold harmless Rightsify, it’s affiliates, subsidiaries, parents, nominees, successors, employees, investors, and anyone else associated with us harmless from and against any Third Party claims arising out of a breach of this Agreement by Licensor. Rightsify hereby grants to indemnify Licensee against any Third Party claims.
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