Music Holder Terms & Conditions
We're really happy you are interested in signing up with INFINITYmusiclibrary as a Music Track Holder, a music library that operates on a non-exclusive basis and issues through its website non- exclusive sync licenses on your music tracks. It’s really easy and if you’ve reached this point then you’re already a member and you’ve accepted our INFINITYmusiclibrary Terms. These additional terms for Music Track Holders (“Music Track Holders’ Terms”) are an extra part of the INFINITYmusiclibrary Terms that apply specifically to what we call “Music Track Holders” on the INFINITYmusiclibrary. These govern the relationship, rights and obligations of Music Track Holders towards INFINITYmusiclibrary and towards other members - buyers using INFINITYmusiclibrary to buy Music Tracks, such as those you will be making available for “sale” (see definition of “sale” below) on the INFINITYmusiclibrary. You agree to put your music tracks on INFINITYmusiclibrary and make them available to buyers on the basis stated in the INFINITYmusiclibrary Terms and these Music Track Holders Terms.
When we say “you” in these Music Track Holders Terms we are referring to you, the Music Track Holder, whose details are listed as the INFINITYmusiclibrary account holder. All other words defined or explained in the INFINITYmusiclibrary Terms have the same meaning here. If there’s any inconsistency between what we say in these Music Track Holders Terms and what is in the INFINITYmusiclibrary Terms, what we say in these Music Track Holders Terms prevails.
Please review these Music Track Holders Terms carefully, including but no limited for details about your responsibilities, the process of listing/putting and offering your music tracks on the INFINITYmusiclibrary, payment terms etc.
Becoming a Music Track Holder
Putting your music tracks up on the INFINITYmusiclibrary is free but there is a review process. There are a few things you warrant in exchange for the right to be an INFINITY Music Track Holder, which are outlined hereinafter.
Process: There are easy steps you follow to sign up as a Music Track Holder, which are outlined on the respective Registration Page. For technical upload information, please visit our How to upload page.
We strongly recommend that you don’t make your contact details public on the “INFINITYmusiclibrary”. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk.
How “selling” through INFINITYmusiclibrary your music tracks works
- License: When you put up a music track on INFINITYmusiclibrary, you’re making this music track available to other users of the INFINITYmusiclibrary to use it under certain conditions and against payment of a certain price; you’re not actually selling the music track itself. What you’re “selling” is a license directly to any such user / buyer to use that track under the relevant license options that we set. The words “Sell”, “selling” or “sale(s)” when used in these Terms shall have the meaning attributed to them above.
- License Types: When you are putting a Music Track on INFINITYmusiclibrary to make it available for use as stated above, you must ensure that you hold all necessary rights for all license types that we set, according to the relevant intended uses, that are permitted. On INFINITYmusiclibrary we have the following licensing options: (i) basic license, ii) podcast license (iii)standard license,(iv) premium license and (v)extended license. We are not liable for any damage or loss suffered by you as a result of a buyer or any other person making use of your music track contrary to the INFINITYmusiclibrary Terms or the music track's license. For detailed information as to what each license type represents, please review our Licenses Guide. Finally, the license type is relevant for determining the Track price, as explained in the relevant section below.
- Exclusivity: The music tracks uploaded in INFINITYmusiclibrary are non-exclusive, which means you still own them and can use or sell them anywhere else according to your own will.
We want to inform you, though, that exclusivity is necessary, for musicians that are also members of CMOs/PROs, only when it comes to collection of royalties from Podcast and Standard Licenses, an option you are free not to make. In case you wish exclusivity for Podcast and Standard Licenses so that the relevant royalties are distributed to you, please contact us at [email protected] and we will send you the relevant agreement required. Otherwise, you can continue to sell and license your music tracks in Podcast and Standard Licenses on a non-exclusive basis, but no royalties will be collected and distributed to you for this use. For the collection of royalties from Premium and Extended Licenses no exclusivity is necessary (see below for more information)
- Review: We have rules about what we accept and don’t accept and you can read up on these in our Music Track Holder-related INFINITYmusiclibrary information. In all cases we are not obliged to expand or detail on the reasons why your Music Track was not accepted on the INFINITYmusiclibrary.
- Music track removal: We have the right to remove music tracks for any reason, using our reasonable discretion. Reasons might include quality assurance, for example, we may review the content list to keep INFINITYmusiclibrary fresh and full of quality items that meet the latest technical standards and market trends. Our goal is always to address these situations with you constructively. We also aim to give you notice before a music track is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your music track being removed.
- INFINITYmusiclibrary uses artificial intelligence technology (AI Technology) to tag the music tracks that Music Track Holders upload to its platform. Music Track Holders agree with this automated way of categorizing.
Also, issues about a music track might be brought to our attention such as errors, representations, or even violations (if we receive a valid copyright take-down notice or if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the “INFINITYmusiclibrary” and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
- No Variation: You are not permitted to vary these terms (or our INFINITYmusiclibrary Terms) as they apply between you and users buying licenses to your Music Tracks, or to offer your Music Tracks on different terms or with additional terms (for example, through your music description pages).
Music Tracks Price, invoicing and allocation of receivables - payments
The total or list price for a Music Track is made up of the track price and INFINITYmusiclibrary fee, and is the price on a music track page, notably:
- The Track price: The track price corresponds to the license fee (for the license chosen for the track). We set the prices for the 4 types of licenses we make available on INFINITYmusiclibrary;
- The INFINITYmusiclibrary fee: This is the fee buyers pay INFINITYmusiclibrary for the services we provide to buyers (like 24/7 buyer support, fraud protection, Music Track quality control and other related buyers services).
Taxes: Some transactions on INFINITYmusiclibrary may be subject to tax that may be added to the list price. Taxes that may apply to some transactions are notified to buyers separately when applicable.
We are responsible for issuing the appropriate invoice (or in some cases tax invoices) for transactions with the buyers on INFINITYmusiclibrary and we will collect the total or list price (plus taxes if applicable)
Music Track Holder’s Earnings (your earnings): When your Music Tracks are “sold” (within the meaning given above) on INFINITYmusiclibrary, you will earn the track price component of the total or list price. The track price component is 60% of the list price. The track price component is the maximum amount payable to you and is inclusive of any applicable taxes associated with payments made to you (like, income tax and VAT wherever levied).
How payments work
We collect payments from buyers and then we payout your earnings to you. We may use an affiliate of ONTHESPOT EE Company to do these things for us.
We make payments on the 15th of each calendar month or the closest to that date working day to your Paypal account.
Earnings payment timing and methods
- Τhe Music Track Holder is under the obligation to send to INFINITYMusicLibrary, at [email protected], at the end of each calendar month, a request for his/her payment and to issue a single invoice that includes the total amount of the monthly sales on his/her music tracks made through INFINITYmusiclibrary. In case the Music Track Holder issues more than one invoices, these invoices will not be accepted by INFINITYmusiclibrary.
If the Music Track Holder omits to send the monthly invoice to INFINITYmusiclibrary, the sum due will then be credited to the Music Track Holder's Account when he/she issues his/her next invoice.
The payments of the Music Track Holders will be made by INFINITYmusiclibrary on the 15th of each calendar month.
- You are responsible for providing us with the correct details and payment method when you set your account. Payment destination should not involve a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems. We may refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your “INFINITYmusiclibrary” account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. In the above cases as also when we do not have the correct payment details or we can’t contact you using the contact details that you have supplied (all consisting situations of payment errors attributed to you), we will continue to hold your earnings until the situation is rectified.
- Despite what mentioned above about payment dates, we reserve the right to pay your earnings to you, at any time, at our discretion.
- Any costs or expenses associated with the payment of your earnings by INFINITYmusiclibrary, shall be borne by you.
- Currency conversions: Payment of your earnings will be done in Euros and you are responsible for all costs of converting the amount of the payment from Euros into your preferred currency. Your financial institution does the currency conversion, according to the applicable conversion rates at any given time and may charge you additional fees.
- Withholding tax that we have to process and deduct from your earnings payments.
- Payment methods available for online buying involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don’t control). If an INFINITYmusiclibrary transaction on a music track is subject to payment agents’ refunds, chargeback, fees or unauthorised transactions, we may automatically deduct those amounts from your INFINITYmusiclibrary account.
- We may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your music track outlined in the INFINITYmusiclibrary Refund Rules, or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct any such amount from your earnings that would otherwise be payable to you.
- If you breach any warranty you have made to us we may offset any amount that we have to pay to anyone else as a result of your breach, against any earnings payable to you.
Your warranties and responsibilities
As a Music Track Holder you warrant to us and each buyer of your Music Track that:
- The music track is of acceptable quality.
- You have any and all pertinent rights (intellectual property rights, copyright and related rights), necessary to license that music track on the terms of the applicable license.
- The buyer's use of that track in accordance with the terms of the applicable license does not infringe the rights (intellectual property rights, copyright and related rights) of someone else.
- The music track files do not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
- Where relevant, you have the appropriate model or property release for your music track and you can produce a copy of that model or property release when requested by us or a buyer.
- You give an indemnity (legal protection) to and are liable to each buyer of your music tracks as stated in the INFINITYmusiclibrary Terms.
In addition to the above you further warrant to us that:
- You will follow any guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request.
- Information and documentation you give us is accurate.
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of “INFINITYmusiclibrary”, any music track you upload on INFINITYmusiclibrary and any breach of the warranties provided to us hereunder.
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Without prejudice to other rights we may have under the INFINITYmusiclibrary Terms, these Music Track Holder Terms and/or the law, if we decide that a Music Track of yours does not comply with an applicable law or any of our rules or guidelines, including the INFINITYmusiclibrary Terms and these Music Track Holder Terms, we can at our discretion disable the Music Track or your membership. We may also hold any earnings on that music track for up to two years, and may release those held earnings during that period if we are satisfied that any dispute or issue about your music track has been resolved.
Special deals and promotions
Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for Music Track Holders (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to INFINITYmusiclibrary buyers. Generally, this will be covered by our setting of the prices, as mentioned under the relevant section above. In some cases, if pricing promotions involve a change in licensing terms, then it is a special promotion and the following sections are relevant.
Given the nature of special deals, the prices of your Music Tracks under the special deal may vary from the advertised Music track price. This means that your earnings on the sale of your Music Track in a special deal may not always be determined by reference to the advertised price of your item on the INFINITYmusiclibrary.
Before your Music Track is included in a special deal or special promotion, we’ll provide you with information about the special deal or special promotion and the Music Track pricing. You can opt out of participating in a special deal or special promotion and we will let you know the time frame to opt out, and if you don’t do so, your Music Track will be included in the special deal or special promotion.
Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your Music Track in particular ways. If these supplementary licenses are substantially different from the applicable INFINITYmusiclibrary licenses (those mentioned above), you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you.
Your permission for other uses
We may use all or part of your Music Tracks to promote INFINITYmusiclibrary. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
An INFINITYmusiclibrary affiliate can use your track’s thumbnail previews in their promotion of the INFINITYmusiclibrary and no compensation is due for these uses. The watermarked track is credited either by providing a link to your track on the INFINITYmusiclibrary or by otherwise attributing your INFINITYmusiclibrary track to you.
Relationship between us and you
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:
- For passing on your warranties to buyers made in the INFINITYmusiclibrary Terms;
- For limiting your liability to buyers in the INFINITYmusiclibrary Terms.
INFINITYMusicLibrary Music Publishing
INFINITYMusicLibrary issues 5 types of sync licenses - Basic, Podcast, Standard* (see the relevant footnote* below), Premium and Extended ( https://www.INFINITYmusiclibrary.com/info/licenses ). It also acts as a Music Publisher for Music Holders who already are members of their local PROs/CMOs, by collecting and distributing the royalties that shall derive from the use of their musical works in each license type (where public performance of their musical work takes place, thus meaning no royalties from Βasic Licenses are collected), as described below:
Music Publishing Agreement
By choosing ONTHESPOT EE as your Music Publisher, you make sure all your royalties from your musical works deriving from your performance rights are collected worldwide.
The Music Holder hereby warrants that he/she has the full right, power and authority to assign to ONTHESPOT EE the rights and powers needed in order to act as a non- exclusive Music Publisher to his/her specific musical works which use derives from the Premium and Extended Licenses and they assign to ONTHESPOT EE and is liable to ONTHESPOT EE for any dispute that may arise from a third party for these specific powers of these specific musical works.
The Music Holder hereby assigns to ONTHESPOT EE, as his/her non-exclusive Music Publisher the management of the powers deriving from the synchronization right, by issuing non-exclusive sync licenses (as described in the Terms and Conditions and the Music Holder Terms at the official website) and the performance right (public performance right of television or radio advertising, in theaters, films, shopping malls, store displays, exhibitions, in one country or worldwide for unlimited time) on his/her musical works, deriving from the specific uses in the Premium and Extended Licenses of the specific musical works.
The publisher's share is mutually agreed to be 50% for each (50% for the music holder and 50% for the Music Publisher).
ONTHESPOT EE shall have the right to administer, distribute, publish and advertise the musical works assigned to it according to best business practices generally prevailing in the music publishing industry and to collect all fees and royalties becoming due to them (as for the rights mentioned above). It shall also have the right to authorize others to do the foregoing on behalf of ONTHESPOT EE.
This agreement shall be effective as of the date the Music Holder agrees with and accepts these terms and conditions.
The term of this publishing agreement will be 18 months, and the term will automatically renew for successive additional periods of 18 months, unless you give us written notice of termination at least 90 days prior to the end of the term.ONTHESPOT EE has the right, in its sole discretion,but at least 14 days notice to you, to modify or terminate these Music Publishing Terms at any time. Any modification will only be binding on you as related to royalties collected by ONTHESPOT EE after the modification.
You, the Music Holder, hereby sign and warrant that you accept the terms and conditions of this music publishing agreement. The Terms and Conditions as well as the Music Holders Terms and Conditions as stated at the official website that ONTHESPOT EE operates (www.INFINITYmusiclibrary.com) continue to be in force, together with this music publishing agreement.
For more information, please feel free to contact us at [email protected].
*For Music Holders who wish the collection and distribution of royalties deriving from the public performance of the use of their musical works in Podcast and Standard Licenses (use of the music track in perpetuity, on the web, in online streaming like YouTube or Vimeo, Video games, websites, social media, web advertising and in Podcasts), they shall accept our relevant special agreement.