Licence Terms & Conditions Agreement
THIS AGREEMENT, between TAGPAY ("www.tagpay.co"), and (the “Guest/Artist/Record Company/Copyright Licence Holder”).
WHEREAS, (the “Guest/Artist/Record Company/Copyright Licence Holder”) has entered into an agreement with TAGPAY ("www.tagpay.co ") authorising TAGPAY to use any or all of works as
detailed in the terms (Hereinafter called the Licensed Contract)
WHEREAS, (the Guest/Artist/Record Company/Copyright Licence Holder) owns or may own certain rights in
connection with the Licensed Content.
(the Guest/Artist/Record Company/Copyright Licence Holder) agree as follows:
- Authorisation and Royalty Free License for Podcast. (a) I/We hereby grant to TAGPAY, on a world-wide and royalty-free basis, the right to do the following things: (i) to prepare and encode the works detailed in Licensed Contract provided to TAGPAY by Me/US, for download, for streaming or download transmission through Podcasts, and to license others to do the same; (ii) to display, copy, reproduce (and to mechanically reproduce each musical composition included in the Licensed Contract), exhibit, perform, distribute and to transmit for streaming or download, any or all of works as detailed in the Licensed Contract through Podcasts, and to license others to do the same; and (iii) to reproduce any or all of works as detailed in the Licensed Contract on the website of TAGPAY.
(b) I/We grant TAGPAY permission, on a non-exclusive, royalty-free and world-wide basis,
to play the works as detailed in the Licensed Contract on the ‘TAGPAY’ podcast.
- No Royalties. I understand that I/We will not be entitled to royalties or compensation from ‘TAGPAY’ or any Podcaster for use of the Licensed Content.
- World-Wide Rights. I understand and agree that the rights granted herein to TAGPAY to promote the Licensed Content through Podcaster are world-wide.
- Limitation of Liability. I/we understand and agree that by this Agreement I/We are
permitting TAGPAY and Podcasters selected by it to stream and download the Licensed Content as provided for herein. TAGPAY will make the Licensed Content
available to the Podcasters on the condition that they not use it for any other purpose. TAGPAY is also authorised to use the Licensed Content on its website. However, I/We understand and agree that the economic basis of this Agreement does not allow TAGPAY to be legally responsible for any piracy of the Licensed Content or any other act or omission by Podcasters or anyone else, or to monitor or supervise Podcaster activity. I/We understand that if TAGPAY were to assume such legal responsibility, TAGPAY would have to charge me/us substantial fees for its services. I/We understand that misuse of digital copies is an inherent risk in permitting others access to such copies.
ACCORDINGLY, (I) IN NO EVENT SHALL TAGPAY BE REPSONSIBLE TO MONITOR OR SUPERVISE PODCASTER ACTIVITIES AND (II) IF TAGPAY BECOMES ACTUALLY AWARE THAT A PODCASTER IS OR HAS WRONGFULLY USED THE LICENSED CONTENT, TAGPAY SOLE OBLIGATION TO ME/US SHALL BE TO TERMINATE ITS LICENSE WITH THE OFFENDING PODCASTER, BUT TAGPAY WILL NOT BE REQUIRED TO RECOVER ANY DIGITAL COPIES PREVIOUSLY DELIVERED TO THE OFFENDING PODCASTER.
IN NO EVENT WILL TAGPAY OR ITS OWNERS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INTELLECTUAL PROPERTY, CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THE MISUSE OF THE LICENSED CONTENT BY A PODCASTER OR ANY OTHER THIRD PARTY, OR ARISING OUT OF OR IN CONNECTION WITH THE SELECTION OF PODCASTERS, EVEN IF TAGPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Notices to PAMRA, PRS, MCPS or similar Organisations. I/we agree at the request of TAGPAY that I/We will notify PAMRA, PRS, MCPS or other similar organisations not to bring any enforcement action for use of the Licensed Content by TAGPAY as provided herein or by non-commercial Podcasters and not to assert any claim for royalty payments by use of the Licensed Content by Podcasters or TAGPAY.
- Term of Agreement. This Agreement shall remain in effect until further notice.
Survival. The warranties, representations, obligations and other provisions in this
Agreement shall be continuing and shall survive the termination of this Agreement.