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Trademark Notice. "RehearsalMix®"; "CustomSessions®"; "Patches" ™; "MultiTracks.com"; are the logos, trademarks, and service marks of Company and may not be reproduced or utilized without our prior written consent in each instance. "CustomMix®" is a registered trademark of Company. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners and may not be reproduced or utilized in any way without their prior written consent in each instance.
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Although Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Links to Our Site. If you desire to provide a hyperlink from your Website to our Site, you must first obtain our prior written consent.
Links or Pointers to Other Sites. Company makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Company Website, please understand that it is independent from Company, and that Company has no control over the content on that Website. In addition, a hyperlink to a non-Company Website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
Choice of Law and Venue. These Terms and Conditions are entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts closest to Austin, Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
No Unlawful or Prohibited Purpose. As a condition of your use of this Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
International Use. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You hereby agree that you will not intentionally break, hack, act fraudulently or in any way subvert the intended use of this Site, services, and/or Products.
You hereby warrant and agree that you are at least 18 years old and that you possess the capacity and authority to agree to this contract.
WEBSITE TERMS AND CONDITIONS OF LICENSE:
THIS LICENSE GOVERNS THE DOWNLOADING AND USE OF ANY MULTITRACK, LITETRACK, CUSTOMMIX® EXPORTS, MATERIALS OR OTHER CONTENT FROM MULTITRACKS.COM (HEREINAFTER COLLECTIVELY "CONTENT"). PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PURCHASING ANY LICENSE TO DOWNLOAD AND USE THE CONTENT HEREUNDER. AS A RESULT OF YOUR PURCHASE OF A LICENSE HEREUNDER , YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT PURCHASE ANY LICENSES HEREUNDER AND EXIT THE SITE IMMEDIATELY. PLEASE NOTE THAT THE SALE OF LICENSES HEREUNDER ARE FINAL.
Payment of Fees. If you subscribe to a service on this Site and/or if you purchase a license(s) that require(s) payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this Site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within ten (10) days of the change. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Taxes may be added to any payments hereunder.
Subject to the terms and conditions hereunder, we hereby grant to you a non-exclusive, revocable, non-transferable and otherwise limited license to use the recording(s) and other materials downloaded hereunder strictly for use as set forth in paragraph hereunder. The recording(s) and other materials which may be licensed hereunder include recordings and products branded and marketed as "RehearsalMix®"; "CustomSession®"; "Patches ™"; "MultiTracks.com™ "; "MultiTracks™"; "LiteTracks™" and "RehearsalMix®" etc., and are sometimes hereinafter collectively referred to as the "Products". In the event the church in which you are performing does not possess the appropriate copyright licenses to facilitate your use of the recording(s); the underlying musical composition(s) (hereinafter sometimes referred to as the "song") and/or other materials hereunder, you acknowledge and agree that you shall be solely responsible for obtaining and maintaining all appropriate licenses from Christian Copyright Licensing International (CCLI) (and/or the appropriate copyright owner), and for paying any music license fees, if any, incurred as a result of your live performance use of any Products and/or the musical composition embodied in this recording. Further, you acknowledge and agree that if you are required, under applicable law, to obtain a public performance license for your live performance use of any Product(s) or the musical composition(s) embodied in this recording, then you shall be solely responsible for obtaining and maintaining such public performance licenses from the applicable performance rights societies (including, without limitation, to ASCAP, BMI and/or SESAC) and for paying any music license fees, if any, incurred as a result of your live performance use of any Product(s) or the musical composition(s) contained in this recording. You shall not have the right to any additional uses of any Product(s) or the musical composition(s) such as audio or video recording of your live performances, without obtaining the prior express written consent of the copyright owner(s) of the recordings and songs contained therein and/or its/their authorized licensors. You shall not make, use, and/or distribute any ancillary products based upon and/or using the Product(s) in any manner (including, without limitation, any physical products [such as any CD or DVD] or electronic or digital copies [such as via internet streaming or digital download] of your live performance utilizing the Product(s), without securing the prior express written consent of the copyright owner(s) of the recordings and the underlying musical compositions contained thereon and/or its/their authorized licensors.
You also acknowledge and agree as follows: (1) all content provided through this Site embodies the intellectual property of a third party, is protected by law and is provided solely for your personal and non-commercial use, and that any and all copying of this recording is expressly prohibited; (2) that redistribution, reproduction, transmission, communication, license, use, broadcast, public performance, rental or lending, adaptation, sub-license or other use of the content provided through the service, in whole or in part, without the prior written consent of the copyright owner is strictly prohibited; and (3) that the content owner of this recording hereby reserves all rights in law and in equity.
IMPORTANT NOTE: The Product(s) for which you may purchase a license hereunder may only be used for rehearsals and to enhance your performance in a "live" setting (e.g., during a church or "worship" service). Any use of these Products to create a "live" album or any recording to be made available for distribution or sale is prohibited unless you obtain the prior written consent of MultiTracks.com, LLC, and any and all applicable third parties (which may be withheld at their sole discretion). If you are uncertain about your right to copy or reuse any material, you should contact your legal advisor.
General. These Products (including all Content), documentation and any files accompanying the tracks (if any), whether on disk, in read only memory, or on any other media or in any other form are licensed (and not sold) to you by MultiTracks.com, LLC. MT Products are intended to be used only according to the terms and conditions of this License, and MT reserves all rights not expressly granted to you herein. Any and all rights in the tracks held by third parties (which are not otherwise specifically licensed hereunder) are reserved by the third parties.
Permitted License Uses and Restrictions:
Each Product for which a license is purchased hereunder is licensed for use by only one (1) organization (e.g., one church, organization, band, etc.) in a single location/site and is limited for use on up to three (3) computers or devices (e.g., two computers and one iPad® or three computers). Therefore, if your organization consists of various satellite locations (e.g., a church with a main campus and several satellite campuses), each separate location will require a separate Product license. This license does not provide for access to any MT Products over a network where it could be used by multiple computers at the same time; except through Team Sharing. Any church who purchases MT Products may be used across multiple ministries but only for the particular location/site named in the license. As illustration of the foregoing, if a licensee is a church's worship ministry, and the children's ministry for that particular church at that particular location wises to use a Product, it may do so (according to all of the terms and conditions hereunder) without the necessity of acquiring a separate license. For example, a church may use in a main sanctuary location, youth ministry location and college ministry location that are all considered a part of the same church on the same site location. "Multi-site" churches that have multiple congregations in one city must purchase a separate licenses for MT Products for use at each location. Use of Product(s) by more than one (1) church congregation or by multiple locations of a single church will require separate downloads and separate license for their respective Product(s). Please note that Ableton's license agreement states that Ableton's software may only be used on one computer at a time. Ableton is a trademark of their respective owner.
Any violation by you of the Terms of License noted in this Section 2 shall result in the automatic revocation of the license in the recording(s) and other material(s) (if any) granted hereunder. For the avoidance of doubt, no refunds shall be issued in the event of the revocation of this license.
YouTube/User Generated Video Websites: Please note that any uploading of any recording(s) and/or other material(s) hereunder which is/are subject to this license (i.e., the recording(s) and other material(s) which have been licensed to you and downloaded by you hereunder) to YouTube, Vimeo and/or any other "user generated content website" or "mobile site" is strictly prohibited and any such uploading shall be deemed a violation of your obligations pursuant to this license and will result in the automatic revocation of this license.
Loops. For the avoidance of doubt, the use of MT Products, including the use of Patches™, to create "loops", samples or "stems" for sale on other websites is strictly prohibited.
Digital Audio Stamp. With respect to any MT Products or other materials downloaded from our Site, we reserve the right to embed a silent digital audio "stamp" in such Products and materials (sometimes hereinafter referred to as the "DAS"). The DAS uses uses a unique state-of-the-art DRM technology to allow MT and/or our licensees and/or assigns, to identify the user of MT Products and materials downloaded hereunder as well as details regarding the use of those Products and materials. The information obtained for the use of DAS will help us prevent the unauthorized copying, distribution and/or use of our Products and materials.
Credit Card Authorization Required for Account Access: Each account should be one per church and you must enter a valid credit card to verify your identity. Your card will be authorized but you will not incur any charges. Once you've logged in, you'll receive access to download free MultiTrack content.
Terms for Promotional Content: Any free MultiTracks or promotional Content that you download from MutliTracks.com is subject to Section 1 and Section 2 of this agreement and may not be sold, transferred, shared or made available to download for free on any other website. Promotional content is free for a limited time and only when accessed through your account at MultiTracks.com.
Monthly Membership: This is a contractual agreement and all payments must be made on a recurring transaction and payment must be received in full. No cancellations will be accepted once material has been downloaded. Licenses are sold to end user consumers hereunder on a non-returnable, non-refundable basis and therefore, all sales are final. Our Monthly Membership programs provides for an initial twelve (12) month commitment and which will then continue on a monthly basis until cancelled by your or our request, Notice of cancellation must be received in writing via fax, mail or emailed through firstname.lastname@example.org. A Monthly Membership is not required in order to purchase a Product license; however, the Monthly Membership provides an added service that provides a deeper discount on credits.
48 Hour Download Window: We offer a 48 hour window for the user to download content after the user has initiated the first download of a MultiTrack or CustomMix. Many of our products including but not limited to MultiTracks and CustomMixes contain a unique watermark or digital audio stamp that is tied to the users account from which the product was purchased. By purchasing a product, you agree to download the content within a 48 hour window and then you are responsible for storing and maintaining this content on your own device. For customers who would like us to store their content for them on our servers, customers may purchase a MultiTracks Cloud Subscription which allows you to access your stored content from your Purchased Library at any time from your MultiTracks Cloud.
Refund Policy: Your purchase of any license to any MT Product is "final" and will not be refunded except in the event of a mistake on our part or a malfunction during the download process.
DMCA Copyright Policy. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'
Identification of the copyrighted work claimed to have been infringed;
Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
11149 Research Blvd. Ste 325
Austin, TX 78759
Phone: (512) 535-1172
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Correspondence: All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to:
Church Copyright: For the avoidance of doubt, any church that performs any song using a MT Product may still be responsible for performance or fees to CCLI and/or the copyright owner for the performance or other use of the song during the performance. Each church in which a MT Product is performed should consult their respective CCLI license and consult with their own legal counsel to ascertain their obligations.
Licensing: MT is responsible for the mechanical license to the publisher for each MT Product licensed to you by MT hereunder, but only with respect to the initial download of the MT Product hereunder. Any use of the MT Product(s) shall be subject to the terms and conditions of this license and therefore, you shall be responsible to obtain any appropriate copyright license (and pay any resulting royalties be there from) as a result of your use of an MT Product(s) hereunder.
Transfer. You may not rent, lease, lend, redistribute, assign or sublicense any MT Product Content licensed from MultiTracks.com.
The MultiTracks mobile applications for Apple compatible devices such as the iPad® or iPhone is sometimes referred to as the "Playback" application. The "MultuTracks Cloud®" refers to the cloud storage service offered by MultiTracks.com where we will store digital copies of those specific MT Product(s) licensed to you hereunder as well as other digital items uploaded by you for your access via Playback, for a monthly access fee to be posted on the Website. The MT Cloud service may be terminated or amended at any time without prior notice.
Playback allows you to access any MT Product(s) purchased through the account and/or any other content you have uploaded in your organization's account with MT Cloud. You may not upload any audio recording or other material or work (collectively, "content") that:'
Infringes any third party's copyrights or other rights (e.g., copyright, trademark, privacy rights, etc.); or,
Violates any law.
Each MultiTracks Cloud® account is licensed for use by only one (1) organization (e.g., church, organization, band, etc.) in a single location/site. Therefore, if your organization consists of various satellite locations (e.g., a church with a main campus and several satellite campuses), each separate location will require a separate MT Cloud account. If you have more than one worship leader in your church/organization and you'd like to grant them access to your organization's account with MT Cloud, you can authorize additional users for $1.99 per user/per month through Team Sharing. There's no limit to how many users you may add to an account. Each user is authorized to use Playback to access your MultiTracks Cloud® account on two (2) devices (e.g., one computer and one iPad(r) or two computers). You can authorize/reauthorize users at any time using the Team Sharing portion of the Website. You will not be able to share or provide third party access to any content uploaded to the MultiTracks Cloud® unless otherwise specifically set forth hereunder.
The purchase of a Playback license grants to the purchaser: (1) user access to the user's MT Cloud account through the Playback on (2) separate iOS devices at no charge. The first month of usage is free. This license must be cancelled before 30 days after activation to keep from incurring charges on your account. All Products are licensed for use in a single location/site and may not be shared outside your local church, band, or organization. Purchasing this license entitles MultiTracks.com to charge your account $1.99 per month until you cancel this license and each user must be a volunteer at that local church. All Licenses are final. MultiTracks.com will charge your account $1.99 every month until this license is cancelled. Canceling a license will take effect at the end of your payment cycle.
MultiTracks.com may from time to time, provide limited gratis access for one week in Playback to a MT Product(s) in a promotion currently called a "Play of the Week." Any such promotion may be canceled at any time and any access provided to any such MT Product(s) shall be subject to Section 1 and Section 2 hereunder.
Use of Playback application and the MT Cloud shall at all times be subject to the terms and conditions set forth in Section 1 and Section 2 hereunder.
The rights granted to you as a result of your purchase of a license to any MT Product, the Playback and/or the MT Cloud (sometimes hereinafter collectively referred to as "Licensed Content") are granted to you in the form of a non-exclusive license which may not be sold or otherwise assigned by you. As a result of this non-exclusive license, YOU MAY NOT: (a) distribute copies of the your Purchased Content to others; (b) rent, lease or grant sub-licenses or other rights to the Purchased Content; (c) provide use of the Content to third parties, or in a computer service business, network, time-sharing, multiple CPU or multiple user arrangement without the prior written consent of MultiTracks.com; (d) translate or otherwise alter Purchased Content without the prior written consent of MultiTracks.com;
Reproduction or duplication of any Licensed Content or any of the sound recordings and/or underlying musical compositions contained in it, either as they exist on the Licensed Content or by any means of reformatting, mixing, filtering, re-synthesizing, processing or otherwise editing for use in another product or for re-license, is strictly prohibited without the express written consent of MultiTracks.com.
All unauthorized giving, trading, lending, renting, re-issuing, re-distributing or re-selling of any Licensed Content any of the sounds it contains are expressly prohibited.
In addition to any other rights or remedies we may have, your violation of any of the terms and conditions set forth in Section 1 or Section 2 shall be deemed grounds for automatic termination of any license for any Content you may have purchased hereunder, which Company may exercise, at any time, at the Company's sole discretion after receiving notice of your breach.
Team Sharing. For each MT Playback account there will be one (1) account administrator to be designated by you at the time you establish your MT Playback account (hereinafter the "Account Administrator"). The Account Administrator for each Playback account will have full access to the designated Playback account and will have full access and the ability to upload and/or remove Licensed Content and other items from the MT Cloud. Each Account Administrator may authorize MT Cloud access through Playback for unlimited number of "volunteers" (for a separate fee of $1.99 per month, per volunteer) which will provide granted limited access to the specific MT Cloud account. Notwithstanding the foregoing, the sharing of the master Account Administrator password is strictly prohibited and any breach of this provision may result in the suspension or termination of the licensee's account, as well as access to any Product(s) hereunder. It is agreed and understood that access to a user's MT Cloud account by any "volunteer(s)" shall mean an individual who is neither paid or compensated for providing their respective services as a musician, vocalist, or as part of the "tech" or music ministry department of your church or other organization. Each volunteer shall be supplied a separate password by the Account Administrator (other than the master Account Administrator password which shall not be shared). All Account Administrators and volunteers shall be subject to the terms and conditions set forth in this Section 1 and Section 2.
Patches. Patches™ is a MT Product which utilizes a set of pre-programmed instructions and parameters utilized for keyboards and other electronic instruments which are obtained from the original musicians of popular recordings, which are packaged and provided in a Patches™ Product for a licensee so that the licensee can use the same "patches" used by the original musicians in order to-re-create the same or similar sonic elements found in the original recordings. No use of the parties name and likeness. If the licensee uses any Patches to record a cover of the song on which the Patch was originally used, licensee must receive express written permission from the publisher.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Purchases of other products and services through our Site may be subject to other terms and conditions that are presented to you at the time of purchase.