Music License

Lickd is a digital platform which helps online content creators legally use music in conjunction with other content they have created. 

We work closely with the music industry to secure the rights you need to use commercial music with your online content. We take care of clearing all the necessary usage rights and then charge an administration fee for delivering the music to you.

  1. Introduction
    1. These terms are between you and Lickd Ltd of Runway East, 66 Old Compton Street, London, England, W1D 4UH (Lickd, we, us, our)
    2. When downloading any music via our platform, you agree to be bound by these terms and conditions in addition to:
    3. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
    4. All of the above documents form part of this contract as though set out in full here
  2. Definitions
    1. The terms below shall have the following meanings:

      Applicable laws means all applicable law, statutes and regulations from time to time in force in any jurisdiction in which you make your Content available
      Composition(s) means the underlying works (comprised of a musical work and a literary work in the Recording(s);
      Content means the audio or audio-visual content into which you are  .incorporating the Recording(s);
      EULA means the end user licence agreement for a particular Recording which you will be required to agree to before purchase;
      End User (you, your) means an individual who has downloaded the Recording(s) via the Website pursuant to these terms, either in their personal capacity, or on behalf of a business;
      Fee means the applicable fee for the Order, as indicated when completing the order process on the Website;
      Restrictions means any of the restrictions set out in a EULA in addition to those set out in Schedule 2;
      Order means the order you made on the Website to use the Recordings for the Permitted Use;
      Permitted Use means the uses identified in a EULA in addition to those set out in Schedule 1;
      Recording(s) means the specific sound recording(s) which you have chosen to obtain a limited licence to use;
      Term means the duration for which you will be permitted to use the Composition and the Recording for Permitted Use. The Term shall be in perpetuity.
      Terms means these terms and conditions;
      Territory means the world; and
      Website means Lickd’s website.

       

  3. General
    1. By entering into these Terms, you agree:
      1. to only use the Recording(s) for the Permitted Use;
      2. to comply with the Restrictions;
      3. to apply with all Applicable Laws in relation to your use of the Recording(s);
      4. to not use the Recording(s) with any Content which contains any other copyright protected content in which you have not cleared rights, in any territory in which you are making your Content available;
      5. that your use of any Recording under these Terms shall only be via platform which are fully licensed in all territories in which your Content will be made available;
      6. that you shall only make your content available in the Territory; and
      7. that you shall promptly provide all such information as Lickd may require in relation to use of the Recording(s) and Composition(s). If you delay or fail to provide such information within 2 working days of such a request, Lickd may terminate your licence acting in its sole discretion.
  4. Liability
    1. To the extent permitted by Applicable Law, we shall not be liable to you or any third party for any losses of any kind arising under or in relation to your use of the Website (including the downloading of a Recording) or any other services provided by us to you, including but not limited to:
      1. any loss of profits, business, sales, goodwill or revenue;
      2. loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material;
      3. any consequential, incidental, punitive or special loss or damage whatsoever, whether or not such loss or damage arises directly or indirectly and whether or not of the type described in 4.1.1 or 4.1.2regardless of whether any action or claim is based on contract or in tort (including negligence) or any other legal theory of liability, and even if either party was aware of the possibility of such loss or damage.
    2. Nothing in these Terms will affect your legal rights and remedies provided to you under consumer laws in the country in which you are located when making the Order.
  5. Termination
    1.  Without affecting any other right or remedy available to it, Lickd may terminate your licence agreement and the rights granted thereunder with immediate effect by giving written notice:
      1. if you commit a breach of any of its terms;
      2. if you take any action which Lickd, acting in its sole discretion, deems may damage its business or reputation;
      3. for convenience.
    2. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
    3. Termination shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach which existed at or before the date of termination or expiry.
    4. For the purposes of this clause, notices shall be deemed valid when sent to the email address you used to create your account and shall be deemed received when sent.
  6. Indemnity
    1. You shall indemnify and shall keep Lickd fully and effectively indemnified against all claims, costs, damages, expenses (including legal fees) incurred by Lickd arising out of or in connection with any breach by you of any of the terms, representations or warranties within these Terms, including any use of the Recording or the Composition other than in accordance with the Permitted Use.
  7. No waiver
    1. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy; nor shall it preclude or restrict the further exercise of that or any other right or remedy.
  8. Assignment and other dealings
    1. You shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under these Terms without Lickd’s prior written consent. 
    2. Lickd may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under these Terms.
  9. Entire agreement
    1. These Terms shall constitute the entire agreement between you and us concerning the subject matter hereof and the parties thereto shall enter into it solely on that basis without reliance on any other representations whatsoever (other than those expressly stated in these Terms).
  10. Variation
    1. No variation of these Terms shall be effective unless it is in writing and signed by the parties.
  11. Waiver
    1. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
  12. Severance
    1. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
  13. Third party rights
    1. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term hereunder.
  14. Governing law
    1. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
  15. Jurisdiction
    1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation

Schedule 1 – Permitted Uses

  1. Please refer to the terms of the EULA for your Recording(s) for permitted uses.

Schedule 2 – Restrictions

  1. Please refer to the specific terms of the EULA for your Recording(s) for restrictions.
  2. In addition, the following restrictions shall apply:
    1. nothing in either these Terms or the relevant EULA shall grant you the right to make any use of the Recordings and/or Composition(s) not expressly authorised within them;
    2. all licences purchased via our Website must be used within six (6) months of the date of purchase. Lickd shall not be bound to release claims on a video uploaded after this date under the following circumstances:

      1. if the track is no longer available on our platform;
      2. if the ownership of the track has changed such that we cannot release the claim; and/or
      3. if the rate card of the channel has changed
    3. failing which the claim release will be honoured as expected;
    4. nothing in either these Terms or the relevant EULA shall grant you the right to make any use of the Recordings and/or Composition(s) not expressly authorised within them;
    5. not to use the Recording(s) and /or  Composition(s) for online advertising content, including pre-rolls, skyscrapers or other paid-for third party media placements;
    6. not to change the lyrics or the fundamental character or integrity of the Recording(s) and / or Composition(s), including making any adaptations or derivative works of same or any right to use the title (other than to identify the name of the Recording and / or performing artist) on the platform to which the Content is uploaded;
    7. not to include or use the track in so-called “Art Track” or “Music Promo” videos or any type of audiovisual content which could be interpreted as a purely promotional use of a song or audio track, where the main purpose of the content is to provide a stream of the song, with any visuals providing little to no additional editorial value. This could include the combination of an audio track with lyrical content (Lyric Videos), a live stream, looping, or ‘radio’ style content, static or timed visual elements such as album, artist or release artwork, an audio waveform, animated shapes or elements, edited video footage or other types of stock or original visual footage;
    8. not to use the licensed Recording(s) and Composition(s) for streaming or other exploitation including by way of linking or making available to download via website, bittorrent, or other file sharing services wholly or otherwise or for any other purpose other than as embodied in an audiovisual format;
    9. not to use the Website or the Recording(s) or the Composition(s) in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of third parties;
    10. not to include any defamatory, obscene, threatening, abusive or hateful material in any Recording(s) or Composition(s) for example without limitation using the Website or the Recording(s) or the Composition(s) in connection with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography, tobacco, politics and religion or otherwise than in accordance with normal standards of decency; nor
    11. nothing in either these Terms or the relevant EULA shall grant you the right to claim any ownership of any Recording(s) and Composition(s) (including any adaptations or derivatives of same) uploaded and identifiable by any recognition or tracking software on any platform. Ownership of any Recording(s) and Composition(s) remains with the rights owner.
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