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License Agreement & General Terms and Conditions

This is an agreement between Ars Media LP GmbH, doing business as ARTYFILE (“ARTYFILE”) and you, or the employer on whose behalf you are entering this agreement (“you”). By using our website and/or purchasing a license from us, you agree to be bound by the following terms and conditions (the “Agreement”) as same pertain to the license you purchase.

1- Definitions
Project: A media project to which Recording is synchronized.
Recording: A certain piece of recorded music available for license from ARTYFILE

2- ARTYFILE Non-Exclusive Licenses
By purchasing a ARTYFILE license, ARTYFILE grants you the limited, non-exclusive, non-transferable, worldwide right and license, in perpetuity to use a Recording in accordance with the terms and conditions of the Agreement as applicable. In consideration of the license you purchase, you hereby agree to pay ARTYFILE a certain license fee according to our website rates.

Previews of Recordings are available for download on the ARTYFILE website, are for internal testing and client approval purposes only and cannot be used for any other purpose including, but not limited to, any unlicensed use in commercial materials, advertisements, digital media or video synchronization.

Please find the details for each license below, followed by specifics pertaining to all license types:

3- Additional Terms For All License Types
Recording licensed hereunder are for your own personal or organizational usage only. You may use the Recording for your personal Projects or professional Projects you undertake for your clients or for your employer. This license does not include public performance rights. In order to properly report music used in TV and radio productions, cue sheets must be filed with the networks and stations. ARTYFILE will provide all cue sheet information upon request.

With any of our licenses you may use a ARTYFILE Recording on online video platforms systems, but ARTYFILE retains ownership of the Recording. You may not claim ownership of the Recording (or otherwise make it available) through any content detection and/or registration system (such as YouTube’s Content ID), even if synchronized with your own Project.

When using our music, the following copyright notice and link must be included in the project description (and credits, if applicable): Music powered by www.artyfile.com

4-License
Our license allows you to use the Recording in one single Project:
a) in online streaming (YouTube, Vimeo, Netflix, Amazon Prime…)
b) Webside or social media
c) In Podcast
d) Corporate Video
e) Video or Slideshow
f) Film
g) TV or Radio programming

5- Limitations of Use
You may not:
- sell, transfer, sublicense, share, give away or otherwise assign the Recordings or your rights granted hereunder to any other party.
- use the Recordings in more than one project
- resell the Recording by itself or as part of a package except solely as embodied within your Project.
- resell the Recording (or otherwise make it available) in any manner that would enable a third party to download the Recording as a separate file, such as in e-card templates or website templates.
- resell the Recording (or otherwise make it available) as part of any competing product such as music compilation or music library.
- sell the Recording (or otherwise make it available) as, or as part of, your music or as your song, even if it has been transformed or edited, or if you add other instruments or vocals to the music.claim to be the creator or copyright holder of the Recording or of any derivative work created from the Recording.

6- Ownership
You hereby acknowledge that ARTYFILE is and remains the owner of all right, title and interest in the Recording, including without limitation any copyrights therein. The Recording is protected by and subject to Austrian and international copyright laws. This license is non-exclusive and ARTYFILE retains the right to sell licenses of the Recording to third parties at its sole discretion.

7- Limitation of Liability
ARTYFILE makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of ARTYFILE under this Agreement arising from your use of any Recording shall be limited to the license fee paid by you for such Recording. You hereby agree that this license is granted to you without any other warranty or recourse.

8- Availability
ARTYFILE makes all possible efforts to make sure that all the Recordings that comprise its online library are available at all times. However, ARTYFILE makes no representations or warranties that all Recordings will be available at all times. ARTYFILE may discontinue licensing certain Recordings at its sole discretion. In the event that ARTYFILE gets a notice or otherwise concludes that any Recording may be subject to a claim of infringement of another’s right for which ARTYFILE may be liable, ARTYFILE may require you to immediately stop using the Recording, delete or remove the Recording from its premises, computer systems and storage (electronic or physical); and ensure that its clients do likewise. ARTYFILE shall provide you with comparable content (which comparability will be determined by ARTYFILE in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

9- Taxes
The license fees charged by ARTYFILE do not include any taxes, duties or other government charges. ARTYFILE will charge you additionally for the amounts of any such taxes, duties or other charges which ARTYFILE is required to collect, including without limitation, sales and use taxes and value added taxes. By entering into this agreement, you verify that your country of residence is the same as your billing address.

10- General Provisions
This Agreement shall be governed by and construed according to the laws of Austria, and the Parties hereby acquiesce to the jurisdiction of the courts of the judicial district of Innsbruck. The parties hereto have expressly requested that this Agreement and all ancillary documents be drafted in the English or German language. Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.

Last Revised: April 2022