Terms of Use and Music Licenses

Last Updated:  October 8 2021

This Terms of Use and Music Licenses (the Agreement) is a legal agreement between you and the B-Dur Publishing, Inc. (B-Dur Publishing, we, or us) governing your use of  B-Dur Publishing’ websites, including bdurpublishing.com and any other websites that link to this Agreement (each a “Site” and collectively the “Sites”). By using or accessing the Sites or downloading materials from the Sites, you agree to be legally bound by this Agreement.

Updates to this Agreement

We may revise or otherwise change or update this Agreement. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the Sites. Your continued use of the Sites will signify your continued agreement to this Agreement as it may be revised from time to time.

Secure User Accounts

Use of the Sites is intended for businesses seeking to license music for use in television, film, advertising, online media, video games, corporate and industrial productions. To access recordings containing tracks from the B-Dur Publishing music library (“Recording”) users must register with the Sites and obtain login credentials (Secure Users).

If you are a Secure User, your use of the Recordings is governed by the terms and conditions under the Evaluation License and/or the Standard Music License terms and conditions below, as applicable.

You further agree to accurately maintain and update any information about yourself and your account that you have provided to B-Dur Publishing. You agree that you are responsible for all activities that occur under your Secure User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to the Sites.

B-Dur Publishing reserves the right to take any and all action, as it deems necessary or reasonable, to maintain the security of the Sites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

Evaluation License

If you are a Secure User accessing the Recordings, B-Dur Publishing hereby grants you a non-exclusive and non-transferable license to audition and evaluate the contents of the Recordings in accordance with the terms and conditions in this section. The Recordings may be supplied by B-Dur Publishing in audio and/or visual format, or in any other format that B-Dur Publishing thinks fit. Any rights not specifically granted herein are reserved by B-Dur Publishing.

Subject to the terms below relevant to Standard Music Licensing, you agree not to:

  • Copy, disassemble, alter, amend, adapt, or in any way duplicate the Recording or any or all content therein;
  • Play or perform any part or all of the Recording in public;
  • Give possession of the Recording and/or content therein to any third party;
  • Remove or alter any logo, symbols, labels, copyright or other notice on the Recording;
  • Use Recording and/or the content therein for any purpose other than evaluation, or otherwise in any manner inconsistent with this Agreement;
  • Perform any act inconsistent with B-Dur Publishing’s ownership of the Recording; or
  • Sell or in any way make commercial gain from the Recording and/or content therein.

You agree to notify B-Dur Publishing of any loss of, or damage to a Recording, and to reimburse B- Dur Publishing for any such loss or damage, and to indemnify B-Dur Publishing from all costs, damages, actions, or claims arising from your use of the Recordings.

Standard Music License

If you wish to use the Recording in a manner not permitted by this Agreement you must contact a B-Dur Publishing representative at info@b-durpublishing.com to apply for a license to authorize you to use a Recording in such manner. B-Dur Publishing may, in its sole discretion, approve or deny your application for such license.

If your application is approved, B-Dur Publishing will notify you regarding rates and payment terms for your license, to be determined by B-Dur Publishing, in its sole discretion.

B-Dur Publishing may alter its rates for licenses from time to time and these Standard Music License terms without notice to you, except as provided in the Updates to this Agreement section of this Agreement, and it is your responsibility to ensure that you keep up to date with such changes. Except as permitted under the Evaluation License section of this Agreement, any use of a Recording or any content therein before the grant of a license as described in this section will give B-Dur Publishing the right to increase the applicable rate to be paid by you for such license even if such increased rate is above any rates published by B-Dur Publishing, its agents, or representatives.

The following terms apply to any license for a Recording or any content therein:

  • You may not, without our prior written consent, translate or re-dub any or all lyrics contained in the Recording;
  • You may not use the Recording or any content therein for any purpose not specifically within the scope of a license granted by B-Dur Publishing;
  • You must provide B-Dur Publishing with full details of the use to which you intend to put any Recording and any content therein and comply in all respects with instructions for the use of the license that are issued by B-Dur Publishing;
  • You must give credit to B-Dur Publishing for all significant use of a Recording and any content therein in television, film, advertising, online media, video games, corporate and industrial productions. Such credit shall be on terms to be negotiated in good faith between you and B-Dur Publishing and B-Dur Publishing shall be entitled to determine whether any use is significant; and
  • You may not disclose to any person or entity, without our prior written permission, (i) any discussions or negotiations with B-Dur Publishing regarding the Recording or any content therein (no matter when such discussions or negotiations took place); (ii) any rates for the license offered to you by B-Dur Publishing or any such rates that you become aware of as a result of discussions or negotiations with B-Dur Publishing; (iii) or any provision of a license.

Intellectual Property Rights

You acknowledge B-Dur Publishing’s ownership of the Recordings and that all copyright and intellectual property in the Recordings and in all content therein will remain in the exclusive ownership of B-Dur Publishing. All Recordings and any content therein are protected under international conventions, and other copyright laws. You cannot use the content in a Recording except as specified in this Agreement. You agree to follow all instructions on the Sites limiting the way you may use the Recordings or any content therein.

B-Dur Publishing warrants that it is the owner of, or has obtained all necessary licenses in, the Recordings and any content therein and is entitled to grant any licenses contemplated under this Agreement.

Any content on the site that is not a Recording or any  content therein, or any other music or recording available through the Sites (“Content”), are protected by copyrights, trademarks, or other proprietary rights and laws. Except as set forth in this Agreement or otherwise agreed in writing by B-Dur Publishing or other rights owner(s), the use of any Content available on the Sites is strictly prohibited.

Subject to this Agreement, you may use Content purposely made available by us for public use, provided that you (a) keep intact all copyright and other proprietary notices, (b) use such Content pursuant to any associated licenses, (c) do not copy or post such Content on any networked computer or broadcast it in any media, (d) make no modifications to the Content, and (e) do not make any additional representations or warranties relating to the Content on behalf of B-Dur Publishing.

Any rights not expressly granted herein are reserved.

Authorized Use

While using the Sites, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Sites for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Sites or any other user’s use of the Sites. In addition, we expect users of the Sites to respect the rights and dignity of others. By way of example and not of limitation, except as permitted under an Evaluation License or Standard Music License, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:

  • Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Sites any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
  • Reproduce, duplicate, or copy any portion of the Sites, except as authorized by this Agreement;
  • Sell, resell, or otherwise exploit for any commercial purposes any portion of, the use of or access to the Sites without the prior written consent of B-Dur Publishing;
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Sites, or expressly state or imply that we endorse any statement you make;
  • Remove any copyright, trademark, or other proprietary rights notice from the Sites or materials originating from the Sites;
  • Violate or attempt to violate the security of the Sites;
  • Disseminate on the Sites any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
  • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Sites or to collect any information from the Sites or any other user of the Sites; or
  • Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Sites.

User-Submitted Information

You are responsible for any Content you transmit through our Sites. You agree, represent, and warrant that any Content you transmit through our Sites or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post, or otherwise make available on or through the Sites any Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.

We do not want you to, and you should not, send any confidential or proprietary Content to us unless specifically requested by us.  Please note that any unsolicited Content sent to B-Dur Publishing will be deemed not to be confidential or proprietary.

You also agree that B-Dur Publishing is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.

Changes to the Sites

We may make improvements and/or changes to the Sites, add new features, or terminate the Sites at any time without notice. We also: (a) reserve the right (but have no obligation) to change the Recordings, Content, or other offerings on the Sites, at any time and from time to time without any notice or liability to you or any other person; and (b) do not warrant that information on the Sites is accurate, complete, reliable, current, or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Third-Party Content

Any information, statements, opinions, or other Content provided by third parties and made available on our Sites are those of the respective author(s) and not B-Dur Publishing. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any information, statement, opinion, or other Content on our Sites other than from an authorized B-Dur Publishing representative acting in his or her official capacity. Under no circumstance will B-Dur Publishing be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.

Links to Third-Party Sites

B-Dur Publishing may provide on the Sites, solely as a convenience to users, links to websites operated by third parties. If you use these links, you will leave our Sites. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. B-Dur Publishing does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that B-Dur Publishing is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo, or copyright symbol of B-Dur Publishing.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

Social Media Pages

B-Dur Publishing may maintain a presence on social media websites, including Facebook, YouTube, Instagram, and Twitter (collectively, Social Media Pages), to provide a place for the public to learn more about B-Dur Publishing and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of B-Dur Publishing. All visitors to our Social Media Pages must comply with the respective social media website’s Terms of Use. We review some but not all postings to our Social Media Pages, and may remove postings that we determine are inappropriate or offensive.

Notice of Copyright Infringement

If you believe that any Content on the Sites infringes upon any copyright which you own or control, you may send a written notification, containing the information required under 17 U.S.C. § 512(c)(3), to our Designated Copyright Agent as set forth below.

Designated Agent: Copyright Specialist

Email: info@b-durpublishing.com

If any user of the Sites is deemed to be a repeat copyright infringer, B-Dur Publishing will terminate such user’s license to use the Sites.

Other Policies and Terms

This Agreement applies exclusively to your access to, and use of, the Sites and does not alter in any way the terms or conditions of any other agreement you may have with B-Dur Publishing. Additional policies and terms may apply to use of all or portions of the Sites and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including B-Dur Publishing’ Privacy Policy.

Termination

The Sites and this Agreement are in effect until terminated by B-Dur Publishing. In addition to any right or remedy that may be available to B-Dur Publishing under applicable law, B-Dur Publishing may suspend, limit, or terminate all or a portion of your access to the Sites or any of its features at any time with or without notice and with or without cause, including without limitation, if B-Dur Publishing believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.

You agree that if your use of the Sites is terminated pursuant to this Agreement, you will not attempt to use the Sites under any name, real or assumed. You further agree that if you violate this restriction after your use of the Sites is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Child Privacy

If you are under the age of 16, please do not use or access the Sites. It is not our intention to collect or use personal information from anyone under 16 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 16, and are asked to delete such information from our databases, we will promptly do so.

Disclaimer of Warranty

B-Dur Publishing DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE SITES OR ANY OTHER WEBSITES OR APPLICATION LINKED TO OR FROM THE SITES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT, INCLUDING RECORDINGS, THROUGH THE SITES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE SITES IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, B-DUR PUBLISHING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

B-Dur Publishing AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE RELEASEES) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE SITES, THE SITES’ CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. in no event shall RELEASEES totally LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY exceed $100.00.

THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF THEY have BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONs MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend and hold harmless B-Dur Publishing and its directors, officers, employees, agents, and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Agreement; (b) your activities in connection with the Sites; or (c) unsolicited information you provide to B-Dur Publishing through the Sites. You will cooperate as fully as reasonably required in B-Dur Publishing defense of any such claim. B-Dur Publishing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of B-Dur Publishing.

Consent to Communication

If you provide us with a telephone number, address, or email address, you expressly agree that we, or our authorized agents, can use that telephone number, address, or email address to contact you.

When you use the Sites or send emails to B-Dur Publishing, you are communicating with B-Dur Publishing electronically. You consent to receive electronically any communications related to your use of the Sites. We may communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from B-Dur Publishing intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide on the Sites.

Effect of Invalidity

In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective.

Waivers

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

International Users

The Sites are controlled, operated, and administered by B-Dur Publishing (or its licensees) from its offices within the United States of America and is not intended to subject B-Dur Publishing to the laws or jurisdiction of any state, country, or territory other than that of the United States. Those who choose to access the Sites do so on their own initiative and at their own risk, and are responsible for complying with all  statutes, orders, regulations, rules, and other laws of applicable jurisdictions. International Users, including residents of the European Union, should review our Privacy Policy.

Choice of Law

You agree that any dispute in connection with the Sites, this Agreement, or the Privacy Notice will be governed by the laws of the State of California. You also consent to the adjudication of any disputes arising in connection with the Sites in courts located in the State of California.

Contact

If you have questions about this Agreement, or if you have technical questions about the operation of the Sites, please contact us via email at info@b-durpublishing.com or at 3651 Lindell Rd., Las Vegas, NV  89103.

Terms of Use and Music Licenses was last modified: October 10th, 2021 by B-Dur Publishing