PREMIUM PRODUCTION MUSIC
TERMS &
CONDITIONS
 

ONTHESPOT EE, a company incorporated under the laws of European Union/Greece, with registered offices in 40 Paradeisou Str, 15125 Athens, Greece, operates INFINITYmusiclibrary, an online licensing music tracks platform.

The proprietary rights of the music tracks (digital music files) on “INFINITYmusiclibrary” are owned by the Music Track Holders, not by us. We provide the platform services; we do not take ownership of the music tracks.

You need to be 18 years or over to browse “INFINITYmusiclibrary”. We don’t knowingly collect any information from anyone aged 18 or under. When browsing our site you agree to follow our guidelines or instructions andkeep in mind that these terms apply to any use of our “INFINITYmusiclibrary”, whether or not you’re a member

If you decide to create an account and by accepting these terms you become a member of our community. You will have an “INFINITYmusiclibrary” account that will allow you to make full use of the services provided throughINFINITYmusiclibrary website, like offering and buying licenses to music tracks such as those found on the “INFINITYmusiclibrary”.

During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms you will need to leave because your use of the“INFINITYmusiclibrary” is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.

Membership

You need to be 18 years or over to become a member (create an account with INFINITYmusiclibrary). If you’re under 18 you will need to get a parent or guardian permission to create an account or use the account of a parent or legalguardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

Membership is free. Your membership will allow you to use the services provided through INFINITYmusiclibrary, notably for buying a license of your preferred Music Track or for offering (selling) the predefined (by us) types of licensesfor music tracks (if you are a Music Track Holder).

If you sign up for an “INFINITYmusiclibrary” account, you represent and warrant that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a currentemail address). Your membership is not transferable, that means you cannot transfer or assign your account to any other. Keep your signing-in details (username – password) secure and don’t let any other person use yourusername or password. If you suspect there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

During your membership with INFINITYmusiclibrary, you must at all times comply with the present terms and the acceptable use policy. For acquiring the capacity of a Music Track Holder, you need to upgrade your membership and account toa Music Track Holder account and additionally accept the Music Track Holder’s terms.

Eligibility, suspension or termination

Membership is not an automatic right, it is a benefit for members who follow our terms and policies. We may, using reasonable discretion, decide whether or not your use of “INFINITYmusiclibrary” complies with these terms andour policies. We can suspend or terminate your “INFINITYmusiclibrary” account at any time for any reason (acting reasonably of course), including if you:

  • Breach these terms and any of our policies;

  • Act in a way that does not align with the values of our community; or

  • Act in a way that could cause us or members harm.

  • If we do decide to permanently terminate your “INFINITYmusiclibrary” account you cannot apply for a new account, as unfortunately you will no longer be welcome in our community.

Buying a license for a Music Track – what it means and how it works

1. When you buy a music track, you're not actually acquiring ownership of the music track itself. What you get includes a license directly from the Music Track Holder to use that music track. Music tracks are subject tospecific terms of use, and these terms are the “license” that we set on “INFINITYmusiclibrary”. You’ll need to think about the way you want to use the music track so that you can pick the right license toallow that use. It’s your responsibility to choose the correct license and abide by the respective terms thereof. We and the Music Track holders do not promise that any particular music track will continue to be available on“INFINITYmusiclibrary”, so you should download and save the music track within a reasonable period from the purchase of its license.

On INFINITYmusiclibrary we make available a “preview file” function for the purposes of evaluating a purchase. If you stream or download a preview file from our “INFINITYmusiclibrary”, you agree that you will notremove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from “INFINITYmusiclibrary” and not for any otherpurpose.

2. The list price is made up of the track price and INFINITYmusiclibrary fee, and is the price on a music track page, notably:

  • The “Track price”: The track price corresponds to the license fee (for the license chosen for the track);

  • The “INFINITYmusiclibrary fee”: This is the fee for the services we provide to buyers (like 24/7 buyer support, fraud protection, Music Track quality control and other related buyers services).

  • Taxes: Some transactions on INFINITYmusiclibrary may be subject to tax that may be added to the list price. Taxes that may apply to some transactions are notified to buyers separately when applicable.

  • We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

3. Through your “INFINITYmusiclibrary” account, you can make payments by using the ‘Buy Now’ function and you will then be redirected to a payment method provider and the transaction will be completedon the terms that payment providers set. You are responsible for all costs of currency conversion relating to a transaction on “INFINITYmusiclibrary”. Your financial institution does the currency conversion and may chargeyou additional fees, which we have no control over.

4. When you buy a music track on “INFINITYmusiclibrary”, you’re doing so on the following terms:

  • You warrant to us and the Music Track Holder that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;

  • You cannot cancel a completed purchase of a music track; completed purchase shall have occurred when you start downloading the music track. By initiating the music track download you explicitly consent and confirm that you waiveyour right to cancel the respective music track purchase;

  • Once you pay the total track price, you acquire a non-exclusive license to use the music track under the terms set out in the license (non-exclusive means others might also buy the same license for the same music track);

  • The Music Track Holder retains ownership of the music track;

  • We have the right to enforce against you the terms of the license that you have acquired from a Music Track Holder.

5. Refunds

We will assess refund requests on their merits, considering the digital nature of “INFINITYmusiclibrary” music tracks and the type of music track preview that was available before purchase. There is generally no obligationto provide a refund, after the purchase is completed, in situations like the following:

  • you have changed your mind about a music track;

  • you bought a music track by mistake;

  • There is no obligation either to accept a refund request in case you can no longer access the Music Track source because a considerable amount of time has elapsed since you paid for its license without completing your purchase(downloading the Music Track) and it has been removed from our library.

  • If we decide to issue a refund this will generally be done using (in reverse) the same payment method used to make the purchase. Any payment made to you will be made in Euros, under the rules of that particular payment method.

ABOUT CUE SHEETS

What you need to know about cue sheets:
Cue sheets are industry standard documents that let everyone know what music has been used in a specific audio or audiovisual product. Broadcasters and digital media are under the obligation to report to PROs the music used in theirprograms and pay the relevant royalties so that they can use it lawfully. Cue sheets help PROs keep track of the music used by the broadcasters and digital media which is included in the repertoire they represent and finally toappropriately distribute the relevant royalties to the composers from the public performance of their musical work.

Why do I need to fill in a cue sheet?
We encourage you to fill in a cue sheet, when the project for which the PRO- affiliated music track you purchased from INFINITYmusiclibrary is publicly broadcast through film, television, radio or used online through digital media andyou know the relevant necessary information (see the information asked in the cue sheet), so that the relevant royalties from public performance are distributed to our composers, who are members of PROs.By taking a moment to fill in thecue sheet, you contribute to the better compensation of the composers for the public performance of their musical works.When you make your purchase in our website, the relevant cue sheet will appear to you to fill in. We will thencommunicate with the relevant PRO to which the cue sheet needs to be registered.

Important:

Please note that there are no additional fees when you purchase and use a PRO- affiliated music track and report the use in the cue sheet, other than the price you paid to purchase the relevant license. PROs have licensing agreementswith broadcasters and digital media and thus they collect the relevant royalties for the public performance of the musical works for which royalties are owed to PROs. You have no further obligation for additional fees whatsoever.

Representations and warranties

Warranties we make

  • We warrant that “INFINITYmusiclibrary” will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care;

  • We otherwise do not make any express or implied warranties about the “INFINITYmusiclibrary” site (or any music track on the “INFINITYmusiclibrary” site).

Warranties the Music Track Holders make

The Music Track Holder of a music track you buy warrants to you that:

  • The music track file is of acceptable quality.

  • The music track matches the description given on the music track preview page, as well as any music track preview.

  • The music track and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory.

  • They have all rights necessary to license that music track on the terms of the applicable license.

  • Your use of the Music Track in accordance with the terms of the applicable license does not infringe the rights of someone else.

  • The music track file does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

Privacy and confidentiality

We respect your privacy and process your personal information in accordance with our Privacy Policy.

CONFIDENTIAL INFORMATION:

While using the “INFINITYmusiclibrary”, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information that you accessed through the“INFINITYmusiclibrary” to any other person.

“INFINITYmusiclibrary” content

We, ONTHESPOT EE, own all the content that we have put on “Infinity music library” and includes the design, compilation, and look and feel of the “Infinity music library”, and trademarks, designs and otherintellectual property on the “Infinity music library” (unless otherwise stated and excluding content owned by the Music Track Holders). You should not copy, distribute, modify or make derivative works of any of ourINFINITYmusiclibrary Content or use any of our intellectual property in any way not expressly stated in these terms.

Liability and indemnity - between Us and you

If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

  • The music tracks on “INFINITYmusiclibrary”

  • Information and representations provided by Music Track Holders about their Music Tracks (including on any music tracks page)

  • Your use of music tracks from “INFINITYmusiclibrary”

Without prejudice to the foregoing, our liability to you in connection with “INFINITYmusiclibrary” or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

  • We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data,or indirect, consequential or special loss, damage or expense; and;

  • Our total liability to you is limited to the greater of Euros 100 and the total “INFINITYmusiclibrary fees” paid by you in the 12 months before liability accrued.

Liability and indemnity - between Music Track Holders and buyers

Each Music Track Holder undertakes to indemnify each buyer of his/her music tracks on the following terms:

  • If another person makes a claim against a buyer that the buyer's use of the music tracks in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and

  • If that buyer promptly notifies the Music Track Holder of the claim and gives the Music Track Holder the option to control the defense of the claim (at the Music Track Holder's cost),

  • Then the Music Track Holder will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the Music Track Holder regarding that claim.

  • The liability of each Music Track Holder to a buyer of their music tracks is otherwise limited, for each music track license purchased, to the Music Track Holder's earnings from the payment for that music tracks, except to theextent that the Music Track Holder's liability arises from willful misrepresentations made about the music track.

Miscellaneous

CONSUMER LAWS: We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and Music Track Holders are bound only by the express warranties made in theseterms. Our and each Music Track Holder's liability for breach of a non-excludable consumer guarantee is limited, at our or the Music Track Holder's option, to replacing or paying the cost of replacing the relevant music track (unlessthe non-excludable consumer guarantee says otherwise).

AVAILABILITY: Our goal is to have “INFINITYmusiclibrary” available to you 24 hours a day, seven days a week. Occasionally you might not be able to access “INFINITYmusiclibrary”, and this might happen for anyreason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how “INFINITYmusiclibrary” works. You agree that you will not hold us liable for any loss you suffer as a result ofthese things.

APEIRON COMPANIES: If an indemnity, limitation or disclaimer of liability, warranty or release (a “benefit”) is given in our favor in these terms and/or the Music Track holders terms, we hold that benefit on trust for allother ONTHESPOT EE Companies. We may enforce that benefit as trustee for and on behalf of the other ONTHESPOT EE Companies as beneficiaries under that trust.

RELATIONSHIP BETWEEN THE PARTIES: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor uscan bind each other in any way.

THIRD PARTY: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.

NOTICES: Any notice you send us must be submitted via a help request at [email protected] Any notice we send to you will be emailed to your“INFINITYmusiclibrary” account email address.

CHANGES TO “INFINITYmusiclibrary” TERMS: We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. You can also keep track of whether changes have beenmade to our terms by referring to the version and effective date at the footer of the terms. You can close your account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use“INFINITYmusiclibrary” website after the changes are made, then you will be agreeing to the changes.

INTERPRETATION: Words like “include” and “including” are not words of limitation and where anything is within our discretion we mean our sole discretion.

APPLICALBE LAWS: We control and operate “INFINITYmusiclibrary” from our offices in Greece. The laws of Greece govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any disputebetween us.

Effective date: 03/24/23


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