Conditions of Use
The access and use by you of www.jpmusiclibrary.com and/or www.jamieperera.com (JPM) (“the Website”) and the services of the JPM online music search and any music downloaded or received from JPM (“the Services”) or representatives of JPM, is subject to these Terms and Conditions. By using the Website and/or the Services you are deemed to have agreed to all the terms, conditions and disclaimers contained in this notice and you will not use the Websites and/or the Services in any way that contravenes these Terms and Conditions. If you do not agree to these Terms and Conditions in full then you are not permitted to access or otherwise use the Website and/or the Services.
The Services
The Websites provide access to production music for professionals working in film, television, radio, advertising and new media including listening to music tracks to appraise their suitability for use in a production and downloading the sound recording for the purpose of using it in a production subject to securing all necessary licences for such use.
You agree that you will only use the Website and the Services in accordance with the purpose prescribed by JPM and you warrant that you will not use the Website and/or the Services in any way which infringes the copyright, trademark, patent or other proprietary right of any party.
License Types
JPM issues separate licenses for the following categories:
Corporate, Online and Charity
TV Production
Radio Commercials
TV / Cinema Commercials
Corporate, Online and Charity:
This license covers music for synchronisation use in a single corporate, charity or brand film, computer game, app, telephone hold music or multimedia presentation. This covers distribution on websites (including third party content sites such as YouTube or Vimeo, and live events. Different versions of productions require separate licences.
TV Production:
This license covers music for synchronisation use in a single TV, Radio and Film production. All rights in the musical work are cleared for the world, for multi-platform distribution, in perpetuity. The above license clears the rights for one programme or episode. Please contact us if you wish to use the track in multiple programmes or episodes. This usage type excludes Cinema, Radio and Television commercials, productions for Retail Sale or Cover Mount, Audio-only CDs and any Public Performance.
Radio Commercials:
Covers music for synchronisation use in a single Radio commercial. All rights in the musical work are cleared for the world, for multi platform distribution, in perpetuity. Different versions of commercials require separate licences.
TV / Cinema Commercials:
Covers music for synchronisation use in a single TV or Cinema commercial. All rights in the musical work are cleared for the world, for multi-platform distribution, in perpetuity. Different versions of commercials require separate licences.
Your production licence covers all costs normally paid by the production company, including all mechanical synchronisation fees, but excludes the following royalties normally payable by the broadcaster, distributor or manufacturer:
Performing Rights fees are normally paid by the broadcaster or website owner. Mechanical royalties are normally paid by the distributor or manufacturer on the sale of CDs or other physical products.
Intellectual Property Rights
All copyright and other intellectual property rights in all text, images, artwork, sound recordings, musical compositions, software and other content on the Website are owned by Jamie Perera Music or are included with the permission of the relevant owner. You may only use the Website and the Services for the purposes of searching for and downloading music for use in professionally created audio visual productions. Images, trademarks and brands displayed on the Websites are protected by copyright, trademark and other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owner. All uses of music downloaded from the Website and/or the Services must be licensed by Jamie Perera Music as its appointed agent. All rights of the owners of the sound recordings, musical compositions and performers in respect of the content on the Websites and the Services are reserved. Unauthorised public performance, broadcast, communication to the public, copying and distribution is prohibited. The recordings which may be accessed from the Website and the Services are specifically produced for film, television, radio, advertising and new media under industry agreements. Their use is subject at all times to obtaining an appropriate licence from the copyright owner or its relevant agent prior to any exploitation or use of the relevant production or recording. Furthermore, public performance, broadcast and all other communication to the public of the production or recording may only be made pursuant to a separate licence from the relevant performing right society.
Indemnity
You agree to indemnify JPM from and against all costs, claims, demands, proceedings and damages including its own reasonable legal costs which are incurred by it howsoever arising in respect of any breach by you of these Terms and Conditions and from and against any claim or demand brought against JPM by any third party arising out of your use of the Websites and/or the Services.
Disclaimers and Limitation of Liability
To the extent permitted by law JPM will not be responsible or liable for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by you arising out of or in connection with the use of the Website and/or the Services. Use by you of the Website and the Services is at your own risk. The Website and the Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind whether express or implied including but not limited to any warranty as to content and accuracy of information, usefulness, title, non-infringement, fitness for a particular purpose or that the Websites and the Services will meet your requirements. Further, no warranty is given by JPM that the functionality of the Websites and the Services will be uninterrupted or error free, that defects will be corrected or that the Websites and the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. If you are dissatisfied with the Websites or the Services your sole remedy is to cease using them.
Modifications to Website and Services
Jamie Perera Music reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website and/or the Services following any such changes shall be treated as acceptance by you of such changes. An indication that changes have been made to these Terms and Conditions will be identifiable by a change in the date at the top of this page. Play Musicfinder Limited reserves the right for any reason in its sole discretion to terminate, change, suspend or discontinue any aspect of the Websites and/or the Services including without limitation the content.
Governing Law
These Terms and Conditions shall be construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.