LANDR

"For clarity, (i) this Samples Licence allows you to modify, reproduce, distribute, transmit, publicly perform or display, communicate and make available to the public, and otherwise use the Samples, but only to the extent they are used as part of your Recordings, and (ii) please be aware that it is your responsibility to own or have obtained all rights for any of your Recordings that incorporates our Samples."

" d) songs that are represented by either a publisher, a record label or any collecting society (e.g. SOCAN/ASCAP, etc) whether in whole or in part are not eligible for the Fair Trade AI Program and you shall not opt them into the program. For this reason, if you are signed to a publisher or a label or you are affiliated with any collecting society, the Recordings subject to those agreements will not be eligible to be Qualifying Recordings."

" However, please respect that you may not use the name (including any pseudonym), image, or likeness of any artist (such as an author, composer, performer, or producer) or maker that has produced a Sample in any way without that artist’s, maker’s or our prior written permission. For example, you may not include the term “Featuring” with the name of an artist associated with a Sample in the title of your Recording. Nothing in this Samples Licence gives you any permission to assert or imply that you are, or that your use of the Samples is, connected with, or sponsored, endorsed, or granted official status by, us, any artist that has produced a Sample, or anyone else."

" We will do our best to assist you with problems or issues that you have with a Plugin, including making reasonable requests to its third-party developer. However, please understand that some problems and issues can only be addressed by its third-party developer, and we cannot assure you that we will solve all problems and issues you might have with a Plugin."

" If we are prevented from, or delayed in, carrying on our business due to circumstances beyond our reasonable control, we may defer delivery or cancel the Contract (without liability to you). Such circumstances include, acts of God, government actions, war, national emergency, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes, other labour disputes, or inability or delay in obtaining supplies of materials.  If the circumstance in question continues for a continuous period of more than seven (7) days, you can give us written notice to end this Agreement."

" We shall not be liable for any defect if: you use the Goods after telling us about the defect; or the defect arises through misuse, or inappropriate storage, of the Goods; or you alter or repair the Goods without our written consent."

" You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without our prior written consent, which consent is within LANDR’s sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the parties and their respective successors and assigns. We shall be allowed to assign this Agreement to any third party without requiring your consent, in which case we will only be released from all its obligations towards you hereunder if the assignee agrees in writing to assume and be bound by such obligations."

" You represent and warrant that: a) you have the full rights, licenses, consents and authority to grant the rights granted herein in relation to the Qualifying Recordings and that you waive any so-called moral rights connected to the Qualifying Recordings; b) the Qualifying Recordings: i) do not infringe the rights of any third party and are free of any malware and/or viruses or similar damaging software; c) no other rights, licenses, consents, permissions or authorizations are required to be obtained by us, our AI Collaborators and/or any users from any third party to use the Qualifying Recordings and that you own 100% of all any and all rights in the Qualifying Recordings (including any master, neighboring rights and publishing rights); and d) no payments are due by us, our AI Collaborators and/or any users to any third party relating to or in connection with the use of the Qualifying Recordings."

" If you use our Services, you warrant and represent that: You are have the prescribed age to lawfully enter into and form contracts under applicable law (and if you are under the prescribed age in the country where you reside, you have reviewed this Agreement with your parent or guardian to ensure you understand and are legally able to agree to be bound therewith, your acceptance thereof meaning that you represent and warrant that you are legally able to bind yourself by this Agreement); You have the right and authority to enter into this Agreement and to grant us all rights specified; the execution and performance of your or its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which you or are bound Your Recordings (other than unmodified Samples as may be incorporated in your Recordings per the Samples Licence and other than mechanical reproductions of Cover Songs as may be incorporated in your Recordings and for which we have secured a Cover Song Licence in accordance herewith) and any other materials and information you provide us with (such as names, artwork, images, and picture and/or other Metadata) and any Online Exploitation thereof authorized hereunder do not violate any law and do not infringe on the copyrights, trademarks, publicity and image rights, or any other rights of someone else. There are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Recordings; We will not be required to make any payments to any third party in connection with its use of your Recordings; Your Recordings do not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware. "

" We will deliver your Recordings to the Digital Stores that you selected,  In many instances, you will not be able to select the countries or geographical regions in which your Recordings will be made available. You are authorizing us to make your Recordings available anywhere in the world. Therefore, you must have worldwide rights on your Recordings, including on any music, and instrumental and/or vocal performances recorded thereon; if you do not have all such rights on a Recording (including on any other Recording, on any music or any instrumental, vocal or other performance recorded or reproduced thereon) in any region, you shall not release your Recordings with our Release Service. "

" If your Content is registered with a PRO or CMO, you retain the right to grant LANDR a direct license without requiring additional approvals from these entities."

"We will ask for your written approval before using any name or likeness as an endorsement of our Services and websites or of a Digital Store; (iv)To reproduce, integrate and communicate your Recordings to the public via lists of readers of the Digital Stores. You may revoke such authorization at any time by way of written notice to LANDR, in which case, LANDR shall remove your Recordings from said readers lists within 30 business days of receipt of the written notice from LANDR; (v) To collect all income (including the Net Income) from the Digital Stores in connection with the Online Exploitation of your Recordings."

" * Opting out: Users may withdraw from future participation by opting-out from the program on their AI settings page at https://app.landr.com/account/ai-settings . However, AI models trained using their Content and any AI outputs will remain unaffected. "

" Plugins may be provided with different, specific end-user licence terms from their respective third-party developers’ end. When this happens, such end-users licence terms will govern your use of the Plugins. If no end-user licence terms are provided with a Plugin, then you are granted a worldwide, non-exclusive, perpetual (subject to full payment of the rent-to-own payment plan or the full price, as explained below) licence to perform, display and use the Plugin on any compatible device owned or controlled by you."

" We and our licensors solely and exclusively own all intellectual property and other rights, title and interest in and to the Website and Services, except as expressly provided for in this Agreement. You will not acquire any right, title or interest therein under these TOS or otherwise. We grant you a limited revocable license to access and use the Website and the Services for their intended purposes, subject to your compliance with this Agreement. This license does not include the right to collect or use information contained on the Website or Services for prohibited purposes like create derivative works based on any content available via the Website (unless permitted otherwise in this Agreement); or download or copy the Website and Services (other than page caching). If you use the Website and Services in a manner that exceeds the scope of this license or breach this Agreement, we may revoke the license granted to you. You shall not, directly or indirectly, permit any person to access or use the Services except as expressly permitted by the Agreement and you shall notify us as soon as practicable of any unauthorized access to or use of the Services, including through the use of your account credentials. You shall be responsible and liable for all access to and use of the Services using your account credentials, whether such access or use is permitted by or in violation of the Agreement."

" Each Digital Store will determine its pricing to its respective customers, as well as format or media and other terms on which it offers recordings (including your Recordings) to its customers, at its discretion using monetization strategies such as permanent digital downloads on a pay-per-unit basis or a subscription fee to be able to stream, sync or temporarily download your Recordings along with other recordings. Digital Stores may group Recordings by genre or other designations may create and allow Customers and others to listen to free preview clips of your Recordings. We are not responsible for what Digital Stores do, and by opting into a particular Digital Store, you agree to accept and have your Recordings made available to its Customers following its pricing structure and other practices and policies from time to time, and under its agreement with us (or one of our representatives). Digital Stores calculate Royalties in different manners, and they may change how they calculate Royalties over time. Licensing fees, the deduction for author’s rights, and other fees, as applicable, may be deducted from your Royalties by Digital Stores. Digital Stores determine the retail prices for sound recordings at their sole discretion and may change this pricing without us providing notice to you. "

" Although you can choose the Digital Stores where you want to offer your Recordings, you understand that we must enter into certain agreements with these Digital Stores and that we have sole discretion in deciding with which Digital Stores we conclude agreements, and under what terms and conditions. You understand that the terms of this Agreement will be subject to the agreements that we enter into with the Digital Stores."

" Users of LANDR’s Release Service and who have paid for their release “à la carte” (fee per release) are subject to a fifteen per cent (15%) commission on their royalties on their tracks that are active on LANDR''s Services;  and"