Music Subscription License Agreement - Pleasant Pictures Music Club

AGREEMENT : This license agreement is made between You, the User or Licensee, and the copyright owner Pleasant Pictures Library LLC, a Utah LLC doing business/DBA as the Pleasant Pictures Music Club (PPMC). By clicking the box on the checkout screen, you state that you understand and accept these terms in this Agreement.

LENGTH OF LICENSE. You are granted aone (1) year license or subscription to the songs in the Pleasant Pictures Music Club. During that year term, you are granted the rights to the song in all of the ways we describe here. After your subscription ends, the songs can remain part of any existing works or productions created within the subscription period as described in this Agreement. However, if you choose not to renew your subscription, you may not use any song for a new productions or work and must remove any PPMC songs from your files.

AVAILABILITY.PPMC makes all possible efforts for the songs to be available at all times. However, sometimes mistakes happen. If we have any problems or issues with particular songs or services, we will communicate through notices on our website and/or the email account your provided on registration. PPMC may stop licensing certain songs at its sole discretion. In the unlikely event of a copyright infringement claim or dispute, PPMC may require user to stop using a song and remove it from its machines or files. In that highly unlikely event, PPMC shall provide you with reasonably comparable content free of charge, subject to the terms and conditions of this Agreement

LICENSING TERMS: Nothing in the Agreement shall give you any right, title, or interest to the songs, other than the right to use the Works in accordance with this agreement. PPMC grants these non-exclusive mechanical, synchronization, and performance rights to you during the one-year-term of licensing, including the right to:

1. duplicate and release the song(s) as part of a video production in whatever format(s) necessary
2. use the music as a soundtrack "synced" with visual images as part of a production; and
3. right to use the music as part of the public viewing or broadcast of a production where the music is part of the production as defined by the previous two sub-points (a-b). You does not have the right to publicly perform WORKS on their own, separate and distinct from a production.

RIGHTS NOT INCLUDED IN THIS AGREEMENT. You, the Licensee are NOT allowed to:

1. exercise any of the rights to the licensed songs after the expiration of the licensing term, except for songs that have become part of other works or productions during the licensing terms,
2. claim authorship of the music represented under this agreement or of any derivative musical work created from a song;
3. transfer, share or sub-lease this license agreement to any other party without written authorization
4. retitle any of the songs
5. copy or duplicate the works in any way except for use in your productions
6. permit any other individual or third party the use of songs(s) by sharing, file-sharing, uploading or any other similar data-sharing process,
7. resell, trade, or exploit for profit the song(s) outright or as part of other music and/or audio-related collections, in part or in whole, to any other individual or party (although the music can be sold as part of a video production, which is a clear and distinct product from a song itself.) You cannot set up your own stock music library with files from PPMC.
8. Make the recording available in any manner that would enable a third party to download the song as a separate file,
9. Claim exclusive performance right or license. PPMC maintains the right to perform the song, or to transmit the work, to the public in any manner. You only have the public performance right for your productions that may contain songs from the PPMC Library.

GOVERNING LAW: The terms and provisions of the Agreement shall be interpreted in accordance with and governed by the laws of the State of Utah without regard to its conflict of law principles, and the state and federal courts in Utah shall have exclusive jurisdiction to resolve any disputes which may arise between the parties. All parties waive the right to trial by jury. In any legal action arising out of this agreement, the losing party shall pay the prevailing party's reasonable attorney's fees and costs.

DISPUTE RESOLUTION: If there is any dispute between the parties arising under this Agreement that cannot be resolved informally then the parties respectively agree to submit the controversy to a single arbitrator of the American Arbitration Association under its then-applicable rules. The arbitration proceeding shall be held within Utah County. The parties agree that the award of the arbitrator will be final and binding on the parties and may be enforced or confirmed in any court of competent jurisdiction. The costs and expenses of the arbitration, including, without limitation, the arbitrator, attorneys' fees and costs, shall be apportioned between the parties by the arbitrator in his determination of the relative merits of each party's position.

CREDITS : You, the LICENSEE, are required to credit the song to Pleasant Pictures Music Club (in liner notes, rolling credits, verbal acknowledgment, etc.)

FEES: You, the LICENSEE agrees to pay the LICENSOR a licensing fee in fair consideration for the one-year subscription to the Library, beginning at the date of execution to this agreement. You, the LICENSEE will not owe any future additional royalties or fees to the LICENSOR for future use of the Work(s) within the terms of this AGREEMENT during this one-year licensing period.

ADDITIONS : PPMC intends to add additional works to the music library on an ongoing basis. Any additional songs will be subject to the same licensing terms as those set out in this Agreement.

NO ASSIGNMENT: This Agreement may not be assigned by the Licensee without the prior written approval of the management of Pleasant Pictures Library LLC.

SEVERABILITY: The parties intend as follows:

1. That if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
2. That if an unenforceable provision is modified or disregarded in accordance with this section, the rest of the agreement will remain in effect as written;
3. And that any enforceable provisions will remain as written in any circumstances other than those in which the provision is held to be unenforceable.