MUSICPLANET
TERMS & CONDITION
PLEASE READ TO UNDERSTAND THIS TERMS OF SERVICE CAREFULLY. IT CONTAINS THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE, INCLUDING MUSIC/LYRICAL WITH CONTENT AND OTHER SERVICES WE MAKE AVAILABLE THROUGH THE SERVICE. THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Introduction
Welcome! The Terms of Service (“Terms”) governs the website MUSICPLANET.COM.NG (including both mobile and online versions) (the “Site”), including your use of interactive features, applications (“Apps”), content and/or other online services that we own and control and that post a link to these Terms (collectively with the Site, the “Service”), which are made available by MUSICPLANET. (“MUSICPLANET”, “We”, “Our” or “Us”). By using the Service, you acknowledge and accept the Service’s Privacy. Policy and consent to the collection and use of your data in accordance with our Privacy Policy. MUSICPLANET may, from time to time, provide you with information relating to customers that purchase Your Content, subject to our privacy policy and the preferences of our customers. You may only use, and disclose this information to a third party, for your internal record keeping purposes. You may not disclose any of this information to a third party or use it for any other purpose. In all events, you will comply with the terms of MUSICPLANET’ privacy policy in connection with the customer data provided under this Agreement.
THIS AGREEMENT, WHEN ACCEPTED BY YOU AFTER CLICK “SIGNUP.” OR “BUY” WILL CREATE A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND US, WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS THE AUTHORIZED REPRESENTATIVE FOR AN ARTIST, BAND, SONGWRITER, PRODUCER, LABEL, GROUP OR CORPORATION, IN WHICH CASE “YOU” SHALL REFER TO THE ARTIST, BAND, SONGWRITER, PRODUCER, LABEL, GROUP OR CORPORATION ON WHOSE BEHALF YOU ARE ACTING AND AUTHORIZED TO ACT. THEREFORE, PLEASE READ THIS AGREEMENT CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS BEFORE CLICKING “BUY/SELL THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE “SIGNUP” OR “BUY” BUTTON BELOW.
We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement. Notwithstanding the preceding sentence, no modifications to this Agreement will apply to any dispute between you and “MUSICPLANET” that arose prior to the date of such modification. In the event of substantive changes to the terms of this Agreement, you will be notified. If any modification is unacceptable to you, your only recourse is to discontinue use of the Services. Your continued use of the Services following posting of a change notice or new agreement on the Site or notice to you via e-mail, will constitute your binding acceptance of the changes. YOU ARE RESPONSIBLE FOR MAINTAINING A VALID E-MAIL ADDRESS ON FILE WITH “MUSICPLANET” FOR SO LONG AS YOU AVAIL YOURSELF OF ANY SERVICES.
If You Want to Use the Service, Then carefully read these entire Terms as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree. The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes – we would not make the Service available to you. By accessing and/ or using the Service, you agree to be bound by these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/ or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through in the Service from time to time may be governed by different terms of use.
It is important that you read and understand these entire Terms before using the Service. Please note that the complete provisions, and not the headings or summaries shall govern.
- Content, Ownership, Limited License and Rights of Others. We only grant you a limited revocable license to use the Service for your own non- commercial use subject to rules and limitations. Music Content (defined below) is subject to different terms as noted in this Section.
- Service and Content Use Restrictions. Your use of our Service is subject to various restrictions designed to protect the Service and our users. We may change or discontinue our Service in whole or in part.
- Terms Applicable to Purchases and/or Subscriptions. If you make a purchase through the Service (including subscriptions to the Service) these terms apply.
- Accounts You may have the opportunity to open, revise and close your accounts, subject to certain rules. We may offer you the ability to make choices regarding how and to whom some aspects of your account are used and seen, but these may not be completely effective.
- Content You Submit and Community Usage Rules. You grant us a broad license, which we may sublicense, to the content you submit which you represent. You have the right to allow us to use. You, however, retain ownership of and responsibility for, your content. Use of our Service is subject to community usage rules and we have the right to manage our Service to keep its content appropriate.
- Procedure For Alleging Copyright Infringement. Users may not post content they do not own or control, and may be suspended or terminated if they do so. Copyright owners may give us notice of infringement by following specific instructions specifically addressed in this Section.
- Procedure For Alleging Infringement of Other Intellectual Property. You can also give notice of trademark and other infringements that you think occur on the Service.
- Notices and Questions You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page of the Service, changing the date at the beginning of these Terms or by other reasonable means that we may elect, such as to the email address you provided.
- Links by You to the Service. You may link to our Service, subject to some basic rules.
- Linked-To Websites; Advertisements; Dealings with Third Parties. We are not responsible for third parties or their content, advertisement (s), apps, sites, products and/or services. We may make advertisements and third-party content or services available to you on or via our Service, which we do not control. Use caution when dealing with third parties.
- Wireless Features. Wireless carrier charges may apply to use of the Service via wireless networks or Devices.
- Dispute Resolution. You agree to arbitrate most disputes and waive jury trial and class actions and to bring many types of claims within one (1) year. You agree that after 7 days of no feedback from you after purchasing any audio product regarding any error on file or whatsoever the case may be purchased from “MUSICPLANET” We cannot intervene on your behalf, make sure to reach us via support@musicplanet.com.ng
- Disclaimer of Representations and Warranties. We disclaim warranties to the extent permitted by applicable law, and provide the Service “As Is”.
- Limitations of our Liability. Our liability is greatly limited.
- Updates to Terms These Terms and Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves. Posting of new Terms on the Service is notice to you thereof.
Rights to Music Content.
The Service contains a cloud-based technology platform (the “Platform”) that enables users (“Licensors”) of the Service to license to other users of the Service (“Licensees”), for agreed-upon compensation, certain sound recordings (each individually, a “Master” and collectively, the “Masters”) and underlying musical compositions embodied therein (each individually, a “Composition” and collectively, the “Compositions”) for the purpose of possible embodiment (“Sample”, “Sampling”) in other derivative master recordings (each, a “Derivative Master”) and underlying derivative musical compositions (each, a “Derivative Composition”). Masters, Compositions, Derivative Masters, and Derivative Compositions shall be collectively referred to hereunder as “Music Content”. Notwithstanding anything to the contrary contained herein, where applicable, one (1) or more separate agreement(s) between Licensors, on the one hand, and Licensees, on the other hand (each, an “Outside Agreement”), shall control the licensing of any Music Content licensed by licensors to terms of Outside Agreement(s), if any.
Upon purchasing the stem file, you claim exclusive ownership of the content. Whereby if you opt for Mp3 or wave which is a demo version, it’s understood that you may still come back for the stem files to have complete ownership rights as purchasing stem file, automatically removes the content from the marketplace.
Song Writers
This is set to protect the rights and ownership of all party’s involved. When a customer option to buy a writeen song at 30% share deal, s/he has agreed to share 30% of their publishing proceds with the songwriter. Same applies to both the 20% share deal and 10% share deal.
In a case where the buyer opted for total buyout ownership, they have full ownership and control over their music rights in the future after purchase.
Rights Granted to MUSICPLANET by Licensors.
For good and valuable consideration, Licensors grant to MUSICPLANET a license, for so long as Licensors choose to host the applicable Music Content (subject to the terms of any Outside Agreement|s]), to:
- Host, reproduce, distribute, make available for download and/or perform (publicly or otherwise)all Masters and Compositions on the Platform, including full-length versions of sound recordings (“Clips”) hat can be used for promotional purposes as authorized herein and, if necessary, reproducing Your Content in new Physical Product.
- Publicly perform, publicly display, communicate to the public, and otherwise make available Your Content, and Clips, by means of digital audio transmissions (on an interactive or non interactive basis through the Website, a Licensee website, or via a MUSICPLANET Widget you or any person authorized by you may place on any website, to identify the availability of Your Content for license, sale or distribution and to promote Your Content, on a through-to-the- listener basis, without the payment of any fees or royalties to
(i) the songwriters, composers, or music publishers owning any rights in and to Your Content;
(ii) any performing artist(s) (including non-featured vocalists and musicians) on Your Content;
(iii) any other person involved in the creation of or owning any portion of Your Content, including, but not limited to a record label, and
(iv) any agents for any of the foregoing, including, without limitation, performing rights limitation, performing rights organizations (“PROs”) and unions or guilds, whether U.S.- based (such as ASCAP, BMI, SESAC, SoundExchange, AFTRA and AFM) or foreign (e.g., PRS for Music, PPL, CMRRA, CSI, GEMA, etc.) - Distribute Your Content in accordance with any applicable Addendum
- Place or embed Your Content in magazines, web sites, MUSICPLANET’ advertisements, and any and all other media, whether now known or hereafter developed, but specifically excluding television and movies, to promote the MUSICPLANET’ Service.
- Use and distribute Copyright Management Information as embodied in a Digital Master of Your Content.
- Use Your Content and metadata as may be reasonably necessary or desirable for us to exercise our rights under this term. The term of this Agreement will commence on the Effective Date and will continue, unless and until terminated by either you or us, upon twenty-four (24) hours written notice (the “Term”), which notice, if sent by (a) MUSICPLANET, may be sent to you at the last e-mail address you provided to MUSIC PLANET and (b) you to MUSICPLANET, must be sent only to the following e-mail address: support@musicplanet.com.ng with the following information: (a) your username; (b)the e-mail address associated with your Account; (c)all album titles for which you are requesting termination; and (d) which Services you are terminating (e.g., (MUSICPLANET) Marketplace Services, Digital Distribution, Publishing Administration and/or Sync Distribution). Any termination notice provided by you pursuant to this section shall be permanent and irreversible. Notwithstanding anything to the contrary herein, MUSICPLANET, may at any time in its sole discretion, with or without notice to you: (i) suspend or limit your access to or your use of the Services and/or your account.
MUSICPLANET is not responsible and has no liability for any delays of our Licensees in removing Your Content from any websites or services owned or operated by such Licensees. You shall remain solely responsible for enforcing the removal of Your Content from our Licensees’ websites and services in the event such Licensees fail to remove Your Content following receipt of a Takedown Notice or following the termination of any rights granted to such Licensees by MUSICPLANET; provided, however, that MUSICPLANET may, in its sole and absolute discretion, continue to assist you to effectuate the removal of Your Content from Licensees’ websites and services. MUSICPLANET may, but need not, provide you with notice in the event MUSICPLANET terminates or allows to expire any authorizations previously granted to a Licensee for the distribution of Your Content. Nothing in this Agreement shall limit any remedies you may have at law or in equity against any Licensee that is using Your Content.
Payments to You.
Pricing the Sale of Your Content.
Except as otherwise set forth in an addendum, you will not have to set the pricing for the sale of Your Content on the Website as we have already set a standard price, which furthermore can increase or reduce depending on the period. MUSICPLANET reserves the sole and exclusive right to set the pricing for any digital audio transmissions of Your Content, whether on an interactive or non- interactive basis, provided that you (creator) receive 70% of the set price. You will also be subject to additional set up fees and charges as more fully explained on the Website.
COOKIE POLICY FOR MUSICPLANET
This is the Cookie Policy for MUSICPLANET
The information provided in this Cookie Policy provides additional transparency to Our Privacy Policy and practices. This Policy applies to the cookies, SDKs and advertising on Our website https://www.MUSICPLANET.com.ng and applications (collectively, the “Service”). We encourage you to review the entire Privacy Policy.
What Are Cookies and SDKs?
As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or “break’ certain elements of the site’s functionality. SDK stands for “Software Development Kit”. These are collections of software development tools that we use to provide products and services to the User. Some SDKs are required for App software development. For example, the iOS SDK is required for any iOS Application. One SDK that our Android and ios Applications both use is the Firebase Analytics SDK. This allows for Us to track App performance metrics and usage. This data is anonymized and provides guidance on what to improve in future App/website Versions.
How We Use Cookies and SDKs.
We use cookies and SDKs for a variety of reasons detailed below. We use our domain specific persistent cookies and mobile app specific SDKs to uniquely identify You after You access Our Service. Upon successfully logging in, Our cookies and SDKs are required to enable certain features that relate to Your personal account. These include: Buying & Selling Adding items to a Wantlist or Collection Making Lists Saving preferences Submitting to the Database We also use Our own domain specific cookies and SDKs to assist with:
- Login information (note: the cookie stores a unique value that identifies You after You log in, but does not store your actual login information such as username and password).
- Buying and selling preferences.
- User interaction and behavior analytics.
- Service security.
Third-party Cookies and SDKs:
Our sites also uses third-party cookies and SDKs to anonymously track web and mobile usage and analytics, such as: Google ( Privacy. Policy.) Many third-party cookies and SDKs are not essential to user experience on Our Service other than collecting data on how We can improve Our Service based on anonymous browsing behaviors and for third-party advertisers to show You relevant ads. We also partner with others, who may use various tracking technologies to provide certain services or features, including targeted online marketing techniques such as attribution tracking, remarketing, and cross-device tracking.
Disabling Cookies and SDKs
You can disable SDKs by visiting the preference center in the MUSICPLANET website/Mobile Applications. You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this. Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. You can learn how to manage cookies on your web browser by following the Browser Cookies Guide.
PRIVACY POLICY
MUSICPLANET. (“MUSICPLANET”, “US”, “We”, or “our”) is committed to protecting your privacy online. We are also committed to providing you with the very best experience we can on our website at MUSICPLANET.COM.NG and MUSICPLANET mobile (our “Sites”) and all related sites and other web-based services that enable website visitor access on our behalf, including players, widgets, tools and other services provided by MUSICPLANET (collectively, the “Services”). This Privacy Policy explains the types of personal data we collect from website visitors and other people with whom we communicate and interact in the course of providing the Services. This Policy also describes how we use personal data, the purpose for sharing and recipients of personal data and your rights and choices associated with that data. By using MUSICPLANET, you are consenting to the practices described in this Privacy Notice.
This Privacy Policy explains the following:
- Definitions
- Collection of Personal Data
- Use of Personal Data
- Sharing of Personal Data.
- Security and Retention.
- Transfer of Data.
- Your Rights and Choices
- Cookie Policy and Interest-based Advertising.
- Links to Other Websites.
- Changes to This Privacy Policy.
- Contact Us.
Please see our Cookie Policy for information relating to our use of cookies and similar tracking technologies.
COPYRIGHT COMPLAINTS
If you would like to file a copyright complaint regarding someone using your content please email us. support@musicplanet.com.ng