Part (1) - i.e. General :

Liberty MusicTrax Corp. – Website - Terms of Use

General Provision

Liberty MusicTrax  Corp. provides the website located at www.libertymusictrax.com.   By accessing or using the website located at www.libertymusictrax.com  you signify that you have read, understand and agree to be bound by these Terms of Use whether or not you are a registered user of the website.

You are only authorized to use the website providing that you abide by the Terms of Use and all applicable laws.  Liberty reserves the right, at its sole discretion, to amend, modify, add or delete portions of these Terms of Use at any time without any further notice. If Liberty does this, it will post the changes to the Terms of Use on the website. Your continued use of the website after any such changes constitute your acceptance of these revised Terms of Use.

If you do not comply with this Agreement at any time, Liberty reserves the right to terminate your access to the website (or any part thereof) and/or your registered user account.

In consideration of the use of this website, you represent that you are eighteen years of age (18) or older and are not restricted by any applicable laws from participating in the services provided by the website.

Grant of Right to Use the Site

Provided that you are eligible for use of this website and subject to these Terms of Use, Liberty grants you a limited, non-exclusive, non-transferable license to access the materials on the website and to download or print a copy of the written materials solely for your own use.

User Account

In order to make use of the some of the services provided on the website, you are required to register and create a User Account. You hereby warrant that you will provide true, accurate and complete information about yourself as prompted by any registration forms required by the website. You further agree that you shall, as required on an on-going basis, update all of your information in order that your information may always be current and accurate. In the event that you provide any information which is untrue, inaccurate, not current or incomplete, Liberty has the right to suspend or terminate your user account and refuse access to the website.

In creating a User Account, you will receive a password and account upon completion of the website registration process. You are responsible for maintaining the confidentiality of this password and are full responsible for all activities that take place within your account. You agree to notify Liberty in the event that you become aware of any unauthorized use of your password or account, or become aware of any general or specific security breach.

Materials Property of Liberty

All content on the website, including, but not limited to text, graphics, pictures, designs, information, applications, software, audio or video files and their presentation on the website are the proprietary property of Liberty or its licensors, commercial clients or content providers. None of this content may be modified, copied, distributed, framed, reproduced, downloaded, displayed, transmitted, or posted in any form, or by any means without the express consent of Liberty.

Liberty further reserves all rights in its trade name “Liberty Music Trax”, trademarks, service marks and logos and the name, marks, and logo may not be reprinted, distributed or displayed without Liberty’s express written permission.

Any use of website content without the express permission of Liberty is strictly prohibited and may result in you being liable to Liberty for damages should Liberty become aware that you have used any of the website content in an unauthorized manner; or that such use has infringed Liberty’s or any third party’s proprietary rights. You hereby indemnify Liberty against any claims, costs or damages incurred as a result on your breach of these Terms of Use or your unauthorized use of  content from the website.

Limitation of Liability

You agree to use this website at your own risk, and all materials on the website are provided “as is” and Liberty makes no representations or warranties, either express or implied with regards to the website, the website content, the merchantability and fitness of use of the website for a particular purpose. You further acknowledge and agree in using the website that Liberty makes to representations or warranties regarding the website content including, but not limited to accuracy and completeness. None of Liberty’s directors, officers, employees, agents or representatives shall be liable for any damages arising out of, or in the connection with the use of the website.

Termination of Access to Website and User Account

If you do not comply with these Terms at Use at any time, Liberty reserves the right to terminate your access to the website, and/or your User Account. You agree that such termination may be effected without prior notice.

Liberty terminating your User Account has no bearing on any other commercial relationship that may exist between you and Liberty and the agreements that govern these commercial relationships shall remain in full force and effect.

Privacy

Liberty is committed to providing you with the utmost privacy. By using the site, you consent that We can collect and use the information provided. The information you submit to us during the registration process will be reviewed to ensure that it is reliable. We may also use this information to contact you when necessary.

Your information submitted to the website will not be sold, rented, disclosed or made available to anyone third party with the sole exception being that Liberty reserves the right to disclose your information as necessary to comply with any applicable law, if compelled to in case of a legal process, or in good faith in response to any third party claims of infringement.

Cookies

Liberty uses cookies, which consist of pieces of information stored in your Internet browser obtained by monitoring certain aspects of your web use on our site. This allows Liberty to provide you with features that simplify and personalize the use of our site in order to cater to your interest. In order to benefit from a more personalize experience, the cookies must be enabled.

Links to Third Party Websites

The Liberty website contains links to third-party websites. Liberty does not control these websites in any way; therefore we are not responsible for their content. In the event that you click on these third party links, you do so at your own risk.

Governing Law

Liberty operates and controls this website from Quebec, Canada. This website can be accessed by all provinces and territories of Canada, all states and territories of the United States of  America and all other countries around the world. Although each of these territories have laws that may differ from the Province of Quebec, Canada, you agree by accessing this website that all matters relating to the access and use of the website shall be governed by the laws of the province of Quebec and the federal laws of Canada. You therefore agree to the applicable courts of Quebec and Canada having legal jurisdiction. You also agree that you are fully responsible for complying with all of your local laws.

Severability of Terms

If any provision of these Terms of Use shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other Terms of Use and shall have no affect on the validity of these remaining Terms.

Non-Waiver of Rights

The failure of either party to insist or, or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any rights found herein, will not be construed as a waiver or diminishment of such party’s right to assert or rely upon any such provision or right in any other instance, and same will remain in full force and effect.

Part (2) - i.e. Licensor only :

Licensor Agreement and Indemnity

In the event that you choose to enter into an agreement with Liberty as a Licensor, you will download a copy of a Licensor Agreement which shall govern the terms of this commercial relationship with Liberty. You hereby warrant that you have the full right and authority to upload any musical content you have chosen to upload to Liberty in connection with the Licensor Agreement and that any information you provide accompanying such upload is both truthful and accurate. You additionally hereby indemnify and hold harmless Liberty from any claims, actions, suits, or causes of actions, including, without limitation, any allegation that any of the musical content you have uploaded infringes the rights of any party, including, but not limited to, any copyright, trademark, other proprietary rights.

Part (3) - i.e. Licensee only :

Client Review of Materials and Licensee Agreement

In the event that you are reviewing the musical content made available on this website as a prospective client who may be interested in licensing musical content, and choose to license musical content made available through this website, you shall download a Licensee Agreement that shall govern the terms of this commercial relationship with Liberty. Once you have accepted the terms of the Licensee Agreement, you will be sent the musical content you have licensed via electronic or digital means, such musical content of which you will be permitted use solely based on the permissions granted in the Licensee Agreement.