| FOXMUSIC.COM TERMS OF USE
I. INTRODUCTION
Welcome to www.foxmusic.com ("Site"), which is
owned and operated by Fox Music, Inc. ("Fox"). Fox
has established this Site as your B2B destination for licensing
a range of great music from the Fox Music catalog. Our site
allows you to find the selections that best suit the needs
of your project and to submit your license request quickly
and easily. These Terms of Use govern the use of the Site.
Once you and your business have registered, your access
to this Site will be password protected. No third parties
will be able to access information about you or your business
via the Site. Nor will Fox disclose or transfer any information
about you or your business to any third party.
After the registration process has been completed, you may
submit a license request for the usage of a Fox owned musical
composition and/or master recording for use in a motion picture,
television program, phonorecord, live performance or any other
audio or audio-visual work. The submission of this request
DOES NOT constitute a grant of any rights. If permission is
granted for use of a requested composition or master recording,
then you and your business acknowledge that a license must
be fully executed and all requisite fees paid before any rights
will be granted to you. If Fox controls only a portion of
a composition as indicated on this Site, then you acknowledge
that you must obtain a license from any co-publisher(s) of
that particular composition. Resources for contacting such
co-publisher(s) include the index and research departments
of ASCAP at (323) 883-1000 or (212) 621-6240 and BMI at (310)
659-9109 or (212) 586-2000.
II. USER RESPONSIBILITIES
You and your business (collectively, "User") are
responsible for: (A) fully and accurately completing the registration
process; and (B) ensuring that User activity on the Site does
not violate applicable law or these Terms of Use.
User will not use the Site in an inappropriate manner, nor
submit postings of any kind to the Site.
III. ACCESS TO AND USE OF SITE MATERIALS
A. Ownership of Materials on the Site
The Site is owned and operated by Fox and materials posted
on the Site by Fox are either owned by Fox or by third parties
and are posted on the Site by virtue of a license or some
other form of agreement between the third party and Fox.
B. Use of Materials
The materials on this Site are not to be sold, traded, or
given away by User. Any copying, manipulation, publishing,
or other transfer of these materials is strictly prohibited.
IV. FOX SITE LINKS AND POINTERS
If Fox provides links or pointers to other web sites, no
inference or assumption should be made and no representation
should be implied that Fox is connected with, operates or
controls these web sites.
Fox is not responsible for the content or practices of third-party
web sites that may be linked to the Site. The Site may also
be linked to other web sites operated by companies affiliated
or connected with Fox. When visiting other web sites, however,
User should refer to each such web site's individual "Terms
of Use" and not rely upon these Terms of Use.
V. UNSOLICITED SUBMISSIONS
It is Fox policy not to accept or consider any unsolicited
materials sent to us unless such materials are submitted by
an authorized representative who is known by the intended
recipient. We ask that you do not send any materials directly
to anyone at Fox.
VI. LIMITATION OF LIABILITY AND RELEASE
This Site, and all the materials provided by Fox on this
Site, are provided "as is" and, to the fullest extent
provided by law, are provided without warranties of any kind,
either express or implied. This means, without limitation,
that Fox does not warrant that the Site is fit for any particular
purpose; that the content of the information posted on the
Site is accurate, error free or reliable; or that the Site
is free of viruses and other harmful components. Fox, its
parents, subsidiaries and affiliates, together with their
respective employees, agents, directors, officers and shareholders,
shall not be liable for any delays, inaccuracies, failures,
errors, omissions, interruptions, deletions, defects, viruses,
communication line failures, whether or not limited to acts
of God, or for the theft, destruction, damage or unauthorized
access to User's computer systems or networks.
User releases Fox, its parents, subsidiaries and affiliates,
together with their respective employees, agents, directors,
officers and shareholders, from any and all liability and
obligations whatsoever in connection with or arising out of
User's use of the Site.
VII. INDEMNITY
User will defend, indemnify, and hold harmless Fox, its
parents, subsidiaries and affiliates, together with their
respective employees, agents, directors, officers and shareholders,
from and against any and all liabilities, claims, damages,
and expenses (including reasonable attorneys' fees and costs
whether or not suit is instituted) arising from User's use
of the Site, User's violation of these Terms of Use and/or
User's violation of the copyright, trademark, proprietary
or other rights of any third party.
VIII. REVISIONS
From time to time, Fox may revise these Terms of Use to
reflect changes in the law, technology and features of the
Site. Accordingly, it is important that User review the Terms
of Use periodically. Revisions to the Terms of Use are effective
immediately upon posting of the revision on the Site or by
sending notice of the revision to User via email. User's use
of the Site following the notice or posting of a revision
to the Terms of Use constitutes User's acceptance of the revised
Terms of Use. If User finds a revision to the Terms of Use
to be unacceptable, then User will not utilize the Site.
IX. TERMINATION
Fox may, at its sole option, discontinue the Site and terminate
these Terms of Use without further obligation whatsoever.
Fox reserves the right to immediately terminate these Terms
of Use and User's access to the Site at any time if Fox determines,
in its sole discretion, that User has violated these Terms
of Use or any relevant law, rule or regulation, or that User
has engaged in conduct that Fox considers to be inappropriate
or unacceptable.
X. MISCELLANEOUS
The failure of Fox or User to enforce strict performance
by the other party of any provision of these Terms of Use
will not be construed as a waiver of any provision or right.
These Terms of Use supersede all prior agreements, written
or oral, and constitute the entire agreement between Fox and
User with respect to the use of the Site. If any provision
of these Terms of Use is unlawful, void or unenforceable,
that provision is deemed severable from these Terms of Use
and will not affect the validity and enforceability of any
remaining provisions. The paragraph headings are for reference
purposes only and have no effect on the interpretation of
these Terms of Use. These Terms of Use are governed by, and
construed in accordance with, the laws of the State of California,
without regard to conflicts of laws principles. User will
submit to the exclusive jurisdiction of the courts of the
State of California or, if appropriate, the federal courts
located in the State of California for resolution of any dispute,
action or proceeding arising in connection with these Terms
of Use or User's use of the Site.
Any questions, comments or problems relating to the Site
should be sent to the Site Administrator at foxmusic@foxmusic.com.
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