This is an agreement between Giovanni Dall’Ò, doing business as ShineLibrary, and you, or the employer on whose behalf you are entering this agreement. By using our website and/or purchasing a license from us, you agree to the following terms and conditions (the “Agreement”):
Project: A media project to which Track is synchronized.
Track: A certain piece of music available for license from ShineLibrary.
Broadcast: (a) Traditional television or radio broadcast (e.g. terrestrial, cable or satellite TV, broadcast radio); or (b) Mobile or online substitutes for traditional television or radio broadcast (e.g. mobile TV, IPTV (streaming TV or video-on-demand), streaming radio).
Audience size: means the maximum number of people a Broadcast has the potential to reach.
Indie Film: A film not for general theatrical release. “Indie Film” includes a student film, a film distributed on online user generated platforms, and a film festival screening.
You: Yourself or your business entity. For an employee acting on behalf of an organization, that organization.
Single application: A single application means one unique end product (which can be copied and made available to end users of that product).
2. ShineLibrary Non-Exclusive Licenses
ShineLibrary hereby grants you , in accordance with the terms and conditions of this Agreement, the limited, non exclusive, non transferable, worldwide (except where expressly limited to a single “Territory”) right and license, to modify (subject to related restrictions) and use a Track in accordance with the terms and conditions of the Agreement, and the Standard or Premium License, as applicable. Any other use made by you shall only occur upon the receipt of prior written approval from ShineLibrary. In consideration of the license, you hereby agree to pay ShineLibrary a certain license fee according to the website rates.
Please find the details for each license below, followed by specifics pertaining to all license types:
You are licensed to use the Track in the following ways (Allowed Use), in a single application which can be copied and made available to end users of that product.*
On the web, including Commercially Distributed Projects (see the limitations below), including but not limited to:
- Online streaming (YouTube, Vimeo, and similar platforms)
- Websites and social media
- Web advertising (including as part of pre-roll advertising)
You can use the track also in:
- Corporate Videos
- Videos and Slideshows sold to third parties for non-commercial use (e.g. wedding videos)
- Non revenue generating Apps and video games
- Indie Film and theatre (only student and film festival); For films, the film may not be theatrically released. (To avoid confusion, use in an Indie Film is an Allowed Use).
- In a digitally downloaded or physical revenue generating End Product: Apps, VideoGames, Games, DVDs, video, audio books, audioguide, with a limit of 5.000 copies.
- Broadcast television and radio (including advertisement), with an audience size limit of 1 million.
* For series (e.g. telefilms, web series ecc…), you only need to purchase the item once per series.
- A Commercially Distributed* Project that is otherwise permitted under a Standard License
- In a theatrically released film or theatre production, provided the budget for such film or theatre production does not exceed (EUR) €2,000,000.
- On broadcast television and radio (including advertisement), with an audience size limit of 10 million.
- In a revenue generating game or app, provided the budget for such game or app production does not exceed (EUR) €2,000,000.
- In digitally downloaded or physical End Products (DVDs, video, audio books, audioguide), with a limit of 100.000 copies.
- Out of Home (e.g., digital billboard) or in theaters.
- In point of sale locations, provided all such locations are located within a single Territory*, including but not limited to usage in: shopping malls, point of sale systems, in store displays, showroom videos, trade shows, industrial fairs and exhibitions.
*A Territory shall be a single sovereign nation.
3. Additional Terms For All License Types
Track licensed hereunder are for your own personal or organizational usage only. You may use the Track for your personal Projects and/or professional Projects you undertake for your clients or for your employer.
Please note this license does not include public performance rights. In order to properly report music used in TV and radio productions, cue sheets must be filed with the networks, stations and appropriate PROs, and a copy must be e-mailed to [email protected] ShineLibrary will provide all cue sheet information upon request made by you.
It is your responsibility to pay any performing rights fees that may apply in your country, which will depend on the rules of your local P.R.O. and local laws. Nothing in this license acts as a waiver of any P.R.O. fees.
With any of ShineLibrary’s licenses you may use a ShineLibrary’s Track on online video platforms systems, but ShineLibrary retains ownership of the Track. You may not claim ownership of the Track (or otherwise make it available) through any content detection and/or registration system (such as YouTube’s Content ID), even if synchronized with your own Project.
4. Limitations of Use:
You may not:
1) Sell, transfer, sublicense, share, give away or otherwise assign the Tracks or its rights granted hereunder to any other party.
2) Resell the Track by itself or as part of a package except solely as embodied within your Project.
3) resell the Track (or otherwise make it available) in any manner that would enable a third party to download the Track as a separate file, such as (but not limited to) in e-card templates, website templates, tools or with source files.
4) resell the Track (or otherwise make it available) as part of any competing product such as music compilation or music library.
5) sell the Track (or otherwise make it available) as, or as part of, your music or as its song, even if it has been transformed or edited, or if you add other instruments or vocals to the music.
6) Claim to be the creator or copyright holder of the Track or of any derivative work created from the Track.
7) You can’t use the Track in applications allowing an end user to customize a digital or physical product to their specific needs, such as “on demand”, “made to order” and “build it yourself” applications. You may use the Track in these ways only if you purchase a separate license for each final product created using the Track. You must not permit an end user to extract the Track and use it separately from an End Product.
8) You can only use the Track for lawful purposes. Also, it can’t use the Track in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects.
You hereby agree that ShineLibrary is and remains the owner of all right, title and interest in the Track, including without limitation any copyrights therein. The Track is protected by and subject to Italian and international copyright laws. This license is non-exclusive and ShineLibrary retains the right to sell licenses of the Track to third parties at its sole discretion.
ShineLibrary makes all possible efforts to make sure that all the Tracks that comprise its online library are available at all times. However, ShineLibrary does not warranties that all Tracks will be available at all times. ShineLibrary may discontinue licensing certain Tracks at its sole discretion. In the event that ShineLibrary gets a notice or otherwise concludes that any Track may be subject to a claim of infringement of another’s right for which ShineLibrary may be liable, ShineLibrary may require you to immediately stop using the Track, delete or remove the Track from its premises, computer systems and storage (electronic or physical); and ensure that its clients do likewise. ShineLibrary shall provide you with comparable content (which comparability will be determined by ShineLibrary in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement
ShineLibrary will charge you additionally for the amounts of any such taxes, duties or other charges which ShineLibrary is required to collect, including without limitation, sales and use taxes and value added taxes. By entering into this agreement, you verify that your country of residence is the same as your billing address.
8. Limitation of Liability
ShineLibrary makes no warranty, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of ShineLibrary under this Agreement arising from your use of any Track shall be limited to the license fee paid by you for such Track. You hereby agree that this license is granted to you without any other warranty or recourse.
9. Damages and specific performance
You agree that if you breach any of the promises contained in this Agreement that ShineLibrary would suffer irreparable harm and ShineLibrary would be without adequate remedy at law and that OWNER may obtain injunctive relief, including specific performance of the Agreement, as well as monetary award for damages suffered by ShineLibrary due to breach of this Agreement.
If court of competent jurisdiction find that any portion of this Agreement is invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the parties shall use reasonable efforts to substitute a valid, legal, and enforceable provision that implements purposes of the provision so held invalid, illegal, or unenforceable to any extent permissible under the law.
11. Applicability of Laws
This Agreement shall be governed by, construed, and enforced in according to the laws of Italy and the Parties hereby acquiesce to the jurisdiction of the courts of the judicial district of Milan. Any dispute involving the terms or conditions of this Agreement shall be brought in the Milan’s court of competent subject matter jurisdiction therein. The parties hereto have expressly requested that this Agreement and all ancillary documents be drafted in the English language.
12. General Provisions
Present Agreement shall not be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. This document acknowledges that the license has been paid for and issued.
Last Revised: December 2016
For Pricing information, please visit our pricing page.