TERMS OF SERVICE

 

Welcome, FILMTRAX users and customers!


The use of this web platform (hereinafter WEBSITE) implies full and unreserved acceptance of each and every one of the provisions  included in the Terms of Service, so if you disagree with any of the conditions set forth herein you shall not use and/or access the WEBSITE.

 

The WEBSITE constitutes FILMTRAX S.A.C. platform (hereinafter FILMTRAX), a private corporation dedicated to managing and licensing rights of musical works for audiovisual projects of all kinds. Those audiovisual projects may include, but are not limited to: websites, movies, radio, TV, documentaries, advertising, multimedia presentations, video games, DVDs, mobile applications, physical or digital compilations, video art, web-episodes, and all visual text that for purposes of this contract, the parties understand the following:

 

1. GLOSSARY

AUTHOR: Natural person who does the intellectual creation.

 

INTERPRETER ARTIST / PERFORMER: A person who performs, sings, reads, recites, interprets or in any way executes a literary or artistic work or an expression of folklore.

 

BTL: Advertising below the line, which is a technique that uses non-massive forms of communication for marketing, targeting specific segments. Among the unconventional means of dissemination are: promotions, direct marketing, social networks, among others.


CLIENT: Natural or legal person who contracts a license from FILMTRAX for a musical work to be synchronized in an audiovisual project.


PUBLIC COMMUNICATION: Any act by which one or more persons, assembled or not in the same place, may have access to the work without prior distribution of copies to each of them, by any means or process, analog or digital, known or to be known, that allows diffusion of the signs, words, sounds or images. All process needed and conducive to the work being accessible to the public constitutes communication.

 

CONTENT MARKETING: Type of nonintrusive marketing where the audiovisual work holds much prominence and its content is segmented and useful for a potential client.


COVER: Version made of a piece of music, played by a different artist.

 

DISTRIBUTION: The one done to the public in original physical media or copies of the work by sale, rental, lending or any other known or unknown form of transfer of ownership or possession of such original or copy.

 

DOWNLOAD: Downloading a work by a user and/or CLIENT, from a platform with internet access.


LICENSE DURATION: Period during which it is authorized the synchronization of the musical work in the audiovisual project, as well as the relevant communication.

 

EXCLUSIVITY: CLIENT possibility to use the musical work, without allowing use bya third part.
 

PHONOGRAM: The sounds of a performance or other sounds, or digital representations thereof, fixed for the first time, exclusively in aural form.

 

LICENSE: The license or permit granted FILMTRAX the CUSTOMER, to use the musical work in a determined and in accordance with the conditions agreed in the license agreement. Unlike the cession of rights, the license does not transfer the right holder.

 

MUSICAL WORKS: Musical composition with or without lyrics. It can also be included in this category the phonogram containing sounds, in any format, known or to be known. In short, it is everything that is in the catalog and can be licensed by FILMTRAX.

 

PRODUCER: Natural person under whose initiative and responsibility and coordination, are first fixed the sounds of a performance or other sounds, or digital representations thereof.
 

AUDIOVISUAL PROJECT: Any work or visual text that requires music composition. Could be, but are not limited to: cinematographic audiovisual works, television audiovisual works, websites, advertising works for radio, TV, cinema or internet; multimedia presentations, video games, mobile applications, physical or digital compilations, video art, web-episodes.


PUBLIC AVAILABILITY: Public Communication mode, by which the public can access to back the work digitally without prior distribution of copies.

 

REPRODUCTION: Fixing the work or intellectual production on a format or mean that allows its communication, including electronic storage, and obtaining copies of all or part of it.

 

SAMPLING: Remove any part of a musical work and / or phonogram and use it  in a new one.


SYNCHRONIZATION: The inclusion of the musical work and/or phonogram in any other type of work (audiovisual, video games, etc).


WEB: Web platform owned by FILMTRAX through which musical works are offered and licensed.

 

STREAMING: Public communication of a work from a platform with Internet access, which is accessed by a user and/or CLIENT without downloading the work.

 

TERRITORY: geographical location in which may publicly communicated the audiovisual project that contains synchronized musical.

PERSONAL USE: reproduction or other use of the work of another person, in a single copy, exclusively for the use of an individual.

 

USER: All users who enter, navigate, and interact in the WEBSITE will be understood as User. When the user acquires a license offered by FILMTRAX becomes CLIENT, without losing its user quality. Conducting unlicensed copies of all or part of the musical, audiovisual, graphics or other content posted on the website, for or not for profit, shall constitute the violation of these Terms of Service and infringement of Copyright.


2. CHANGES IN THE WEBSITE AND / OR THE TERMS OF SERVICE

FILMTRAX reserves the right to change, modify, add or remove any portion of the content, the Terms of Service and any other of the WEBSITE, so the user and / or client agrees to accept any variation when produced.

 

3. PREFERENCES IN COMMUNICATION

Users and/or clients agree to receive electronic communications regarding the WEBSITE and its content as well as promotional advertisements, surveys, among others.

 

4. AVAILABILITY OF CONTENTS

The availability of content WEBSITE may vary periodically and according to territory. Also, the quality of musical works communicated via streaming may vary due to various factors such as location, the available bandwidth or speed of your Internet connection. All Internet access charges are borne by the user and/or client.
 

5. ACCESS BY GEOGRAPHICAL LOCATION

Users and/or clients can access the content through the WEBSITE only in geographical locations where FILMTRAX licenses are available it. The content may vary depending on geographic location. Also, the WEBSITE will use technologies to verify your geographical location.

 

6. FILMTRAX OBLIGATIONS

FILMTRAX agrees to the following:

- To license THE CUSTOMER the necessary rights for the synchronization of THE WORK in the audiovisual project.

- To deliver support to THE CUSTOMER contained in THE WORK, in the quality needed for use in the audiovisual project in which synchronization is performed.
 

7. CUSTOMER OBLIGATIONS
THE CUSTOMER agrees to the following:
- To pay FILMTRAX for the license of the work to be synchronized.
- To use THE WORK according to the terms of the license granted.


8. PROHIBITIONS FOR USERS AND / OR CUSTOMERS

The WEBSITE, its contents and all copyrights, trademarks, trade names and all other intellectual property rights or property contained therein are protected by national and international laws.

 

Therefore, users and / or CUSTOMERS may not make unauthorized uses, understood as: copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works or based on, up to the network, edit, publish, transmit, display to the public, distribute or exploit in whole or in part the WEBSITE or its content, while not having a license granted by FILMTRAX.
 

Any unauthorized use constitutes an infringement of copyright and intellectual property rights in general, which may be subject to administrative, civil and criminal, in addition to prohibiting the use of the WEBSITE.

 

In the event that such unauthorized uses occur, the user and/or CLIENT will hold harmless FILMTRAX and the WEBSITE, and will respond to them by their acts or omissions, taking full responsibility for any claims that, in this sense, third parties could make as well as other claims directed against FILMTRAX or against the WEBSITE and accounting for all expenses that may occur as a result of such claims.
Furthermore, it is also prohibited to synchronize licensed works in audiovisual projects with pornographic, defamatory, libelous, obscene, immoral, illegal content or that in some way violates any right of third parties.

 

9. REPRODUCTION AND DISTRIBUTION OF PHONOGRAMS

The licenses granted do not give the Customers or CLIENTS the right to reproduce or distribute phonograms of THE WORK, unless otherwise agreed.

 

10. DURATION AND TERRITORY OF THE LICENSE

The duration of this authorization will correspond to the license which is chosen in the territory in which the authorization is granted shall correspond to the license which chooses

 

11. EXCLUSIVITY

The licenses granted do not provide exclusivity, unless the customer opts for a license that specifies the contrary.

 

12 LICENSES TYPES 

FILMTRAX offers various licenses according to customer needs. The license specifications will be determined in the purchased license. Unless the license chosen by the client says otherwise, all provisions in the Terms of Service shall apply. These terms and the specific licenses terms are complementary. In case of inconsistency between the provisions of this contract and the provisions of the license, the latest takes precedence.


Below, we detail each of the licenses:

 

12.1. FIXED PRICES LICENSES

In this mode, prices are preset according to the type of customer and the use given to the audiovisual project.
 

A)PERSONAL USE

Type of License: Personal Use

Number of times: A unique synchronization in a single audiovisual project.

Territory: Worldwide. For public communication at the home and personal accounts on sites with content generated by the CLIENT (YouTube,

Duration of license: For all the life of the CLIENT.

Description: Audiovisual project generated by the CLIENT. For the synchronization of the music work in video, slideshows and new media of a work or a personal life event of the CLIENT, not associated with any product or service. Examples: family videos, youtubers, vloggers, students. Must include phonogram credits, provided by FILMTRAX.
 

 

B) NONPROFIT INSTITUTIONS

Type of License: Use by non-profit institutions
Client: Nonprofit natural or legal persons, such as NGOs, news websites, state institutions.
Number of times: A unique audiovisual synchronization in a single project.
Territory: Worldwide. For public communication on all web platforms (YouTube, Facebook Video, Vimeo, etc.).

Unauthorized: Communication on sites that offer pay per view services (pay per view), such as Netflix, Hulu, among others.
Duration of the license: For all the life of the CLIENT

Description: Audiovisual project generated by the CLIENT which may consist of an institutional video, informative video, tutorial video, educational video, shortfilm, slideshow, among others, to promote the organization, event coverage, interviews or any content that is within the objective of the organization.

Unauthorized: audiovisual project containing sponsoring brands or that promotes a product or service.
Price: Choose the size of your organization:

From 1 to 5 employees US $ 9.99
From 6 to 21 employees US $ 50.00
From 21 to 100 employees US $ 199.00
From 101 more employees US $ 499.00

 

 

C) FOR PROFIT INSTITUTIONS

Type of License: Use by for-profit institutions.

Client: natural or legal for profit persons, such as corporations, limited liability companies, individuals with business, among others.
Number of times: A unique audiovisual synchronization in a single project.

Territory: World-wide. For public communication of all web platforms (YouTube, Facebook Video, Vimeo, etc.).

Unauthorized: Audiovisual projects oriented to fundraising, promotion of products or services in web media and / or television. Communication in sites that offer pay per view services, such Netflix, Hulu, among others.

Duration of license: For all life of the CLIENT.

Description: Audiovisual project generated by the CLIENT which may consist of an institutional video, informative video, video tutorial, educational, short video or slideshow. For event coverage, interviews or any content for corporate communication (presentations, social networking, content marketing meetings, training, and the use of employees).

Price: Choose the size of your organization:
From 1 to 10 employees US $ 60.00
From 10 to 50 employees US $ 119.00
From 51 to 100 employees US $ 499.00
From 101 more employees US $ 999.00

 

 

D)Type of License: Membership (Blanket License)
Client: Natural or legal persons who develop audiovisual projects on behalf of third parties.

Number of times: Ten (10) monthly musical works to be synchronized each in an audiovisual project only once.

Territory: Which is it? All the world?
Unauthorized: Is there something not authorized?

Duration of license: For how long can the synchro be communicated?
Description: Audiovisual project created by the CLIENT, on behalf of others, for use in BTL events videos, web series, and any audiovisual project to be publicly communicated through web platforms.

Price:     US$ 699 monthly.

 

12.2. NEGOTIABLE PRICES

In this mode, clients must enter certain data requested by FILMTRAX to establish the type of use that will be given to audiovisual project. Then it will start a negotiation process via email between both parties to determine, in the shortest time possible, a price for the license that may be canceled through FILMTRAX payment gateway.

 

A) ADVERTISING AND COMMERCIAL PURPOSES

Type of License: Advertising and commercial purposes.
Client: natural or legal persons.
Number of times: A unique audiovisual synchronization in a single project.

Description: Project consists in an advertising audiovisual production to promote a brand, product, service, organization and / or event. You can include pieces of content marketing, educational videos, and promotional videos, among others. To be communicated in web and online platforms, internal content for BTL, TV, film among others.

• Duration of the license. Example: 6 months.
• Territory. Example: for Latin America.

• Brand, product or service being promoted through the audiovisual project. Example: Trading Company FILMTRAX.
• Do you have a budget allocated?

 

B) FILM, TV WEB TV

Type of License: Film, TV and web TV.

Client: Natural or legal persons who perform consistent audiovisual projects for Film productions, Web TV, Cable TV and open signal (feature films, shortfilms, series, soap operas, music videos, documentaries, news reports, webisodes, etc.).

Number of times: A unique audiovisual synchronization in a single project.
Description: synchronization for audiovisual projects to be communicated publicly by film, television and web tv.

Data requested to the CLIENT:
• Type of  audiovisual project. Example: Audiovisual cinematographic work entitled xxxx
• Duration of the license. Example: 6 months
• Territory. Example: for Latin America
• Do you need exclusivity of the musical work?
• Name of the producer in charge of audiovisual project.
• Brand, product or service being promoted by the audiovisual project. Example: Trading Company FILMTRAX
• Do you have a budget allocated?

Price: to be negotiated

 

13. PERSONAL INFORMATION

The users and / or CLIENTS authorize FILMTRAX to the treatment consisting of any operation or technical procedure that allows the collection, recording, organization, storage, preservation, processing, modification, retrieval, consultation, use, blocking, erasure, disclosure by transfer or by diffusion or any other form of processing that facilitates access, correlation or interconnection of personal data collected by the WEBSITE.

These personal data will become part of the bank of personal data under the responsibility of FILMTRAX, in order to be used for statistics studies of consumption of musical works.

The user and / or CLIENT authorizes national or international transfer of personal data for reasons that help to fulfill the above purpose.
The user and / or client may exercise at the time he deems appropriate his ACRO rights (access, cancellation, rectification and opposition) by sending a request to the following address: __________.

For more information, see our Privacy Policy

 

14. USER AND / OR CUSTOMER AGE
The WEBSITE is aimed at adults, so if the user and / or CLIENT is a minor and he access the WEBSITE, it will be under the supervision and responsibility of thier parents and or tutors.

 

15. CONECTED  WEBSITES

The website may contain links to ads from other websites however it may not be held responsible for the content of these other websites.

 

16. TERMINATION

The users and / or CLIENTS express their agreement that, at any time and for any reason, the website can terminate its service, or the account of the user or CLIENTE. Any default by the CLIENT of any of the obligations contracted in the license and what these Terms impose entitle FILMTRAX to terminate the agreement or call for compliance of it, without prejudice to compensation for damages.

 

17. CONFIDENTIALITY

The parties undertake not to use, distribute or communicate to third parties or to related entities any information on the other party, whatever the way has been obtained or received, including information about business, sales, expenses, plans, pespectives, etc

 

18. OBLIGATION OF NEW NEGOTIATIONS
If any provision of the Terms of Service or any provision of the contracted license is considered illegal, invalid or for some reason cannot be enforced, then such provision or clause shall be considered separate from the rest and shall not affect the validity and ability to enforce any of the provisions.
Also, in the case of licenses, the parties undertake to negotiate again without delay under the principle of good faith all sections affected by such invalidity or unenforceability, respecting the rest of the provisions in it.

 

20. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, rules and regulations regarding your activities in accordance with the Terms of Service to ensure that the content of the WEBSITE, its Code and Software are not exported in violation of laws. In all cases not foreseen by the parties regarding this contract, it shall be supplementary applied the provisions of the Legislative Decree No. 822 (Law on Copyright), the Civil Code and others of the Peruvian legal system.

 

21. JURISDICTIONAL ISSUES
The website is controlled and operated by FILMTRAX from [COUNTRY]. Using the WEBSITE constitutes consent and submission of users and / or CLIENTS to the citation process under the laws of [COUNTRY] for the purposes of any legal action or claim relating to these Terms of Service, or resulting from the use of the WEBSITE and its contents. I declare that I understand and accept the terms of service.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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