Cue sheets are industry standard documents that let everyone know what music has been used in a specific audio or audiovisual product. Broadcasters and digital media are under the obligation to report to PROs the music used in theirprograms and pay the relevant royalties so that they can use it lawfully. Cue sheets help PROs keep track of the music used by the broadcasters and digital media which is included in the repertoire they represent and finally toappropriately distribute the relevant royalties to the composers from the public performance of their musical work.
Why do I need to fill in a cue sheet?
We encourage you to fill in a cue sheet, when the project for which the PRO- affiliated music track you purchased from INFINITYmusiclibrary is publicly broadcast through film, television, radio or used online through digital media andyou know the relevant necessary information (see the information asked in the cue sheet), so that the relevant royalties from public performance are distributed to our composers, who are members of PROs.By taking a moment to fill in thecue sheet, you contribute to the better compensation of the composers for the public performance of their musical works.When you make your purchase in our website, the relevant cue sheet will appear to you to fill in. We will thencommunicate with the relevant PRO to which the cue sheet needs to be registered.
Please note that there are no additional fees when you purchase and use a PRO- affiliated music track and report the use in the cue sheet, other than the price you paid to purchase the relevant license. PROs have licensing agreementswith broadcasters and digital media and thus they collect the relevant royalties for the public performance of the musical works for which royalties are owed to PROs. You have no further obligation for additional fees whatsoever.
Warranties we make
We warrant that “INFINITYmusiclibrary” will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care;
We otherwise do not make any express or implied warranties about the “INFINITYmusiclibrary” site (or any music track on the “INFINITYmusiclibrary” site).
The Music Track Holder of a music track you buy warrants to you that:
The music track file is of acceptable quality.
The music track matches the description given on the music track preview page, as well as any music track preview.
The music track and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
They have all rights necessary to license that music track on the terms of the applicable license.
Your use of the Music Track in accordance with the terms of the applicable license does not infringe the rights of someone else.
The music track file does 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.
We, ONTHESPOT EE, own all the content that we have put on “Infinity music library” and includes the design, compilation, and look and feel of the “Infinity music library”, and trademarks, designs and otherintellectual property on the “Infinity music library” (unless otherwise stated and excluding content owned by the Music Track Holders). You should not copy, distribute, modify or make derivative works of any of ourINFINITYmusiclibrary Content or use any of our intellectual property in any way not expressly stated in these terms.
If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
The music tracks on “INFINITYmusiclibrary”
Information and representations provided by Music Track Holders about their Music Tracks (including on any music tracks page)
Your use of music tracks from “INFINITYmusiclibrary”
Without prejudice to the foregoing, our liability to you in connection with “INFINITYmusiclibrary” or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data,or indirect, consequential or special loss, damage or expense; and;
Our total liability to you is limited to the greater of Euros 100 and the total “INFINITYmusiclibrary fees” paid by you in the 12 months before liability accrued.
Each Music Track Holder undertakes to indemnify each buyer of his/her music tracks on the following terms:
If another person makes a claim against a buyer that the buyer's use of the music tracks in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
If that buyer promptly notifies the Music Track Holder of the claim and gives the Music Track Holder the option to control the defense of the claim (at the Music Track Holder's cost),
Then the Music Track Holder will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the Music Track Holder regarding that claim.
The liability of each Music Track Holder to a buyer of their music tracks is otherwise limited, for each music track license purchased, to the Music Track Holder's earnings from the payment for that music tracks, except to theextent that the Music Track Holder's liability arises from willful misrepresentations made about the music track.
CONSUMER LAWS: We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and Music Track Holders are bound only by the express warranties made in theseterms. Our and each Music Track Holder's liability for breach of a non-excludable consumer guarantee is limited, at our or the Music Track Holder's option, to replacing or paying the cost of replacing the relevant music track (unlessthe non-excludable consumer guarantee says otherwise).
AVAILABILITY: Our goal is to have “INFINITYmusiclibrary” available to you 24 hours a day, seven days a week. Occasionally you might not be able to access “INFINITYmusiclibrary”, and this might happen for anyreason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how “INFINITYmusiclibrary” works. You agree that you will not hold us liable for any loss you suffer as a result ofthese things.
APEIRON COMPANIES: If an indemnity, limitation or disclaimer of liability, warranty or release (a “benefit”) is given in our favor in these terms and/or the Music Track holders terms, we hold that benefit on trust for allother ONTHESPOT EE Companies. We may enforce that benefit as trustee for and on behalf of the other ONTHESPOT EE Companies as beneficiaries under that trust.
RELATIONSHIP BETWEEN THE PARTIES: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor uscan bind each other in any way.
THIRD PARTY: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.
NOTICES: Any notice you send us must be submitted via a help request at [email protected] Any notice we send to you will be emailed to your“INFINITYmusiclibrary” account email address.
CHANGES TO “INFINITYmusiclibrary” TERMS: We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. You can also keep track of whether changes have beenmade to our terms by referring to the version and effective date at the footer of the terms. You can close your account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use“INFINITYmusiclibrary” website after the changes are made, then you will be agreeing to the changes.
INTERPRETATION: Words like “include” and “including” are not words of limitation and where anything is within our discretion we mean our sole discretion.
APPLICALBE LAWS: We control and operate “INFINITYmusiclibrary” from our offices in Greece. The laws of Greece govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any disputebetween us.
Effective date: 03/24/23