How is this media licensed?
When purchase media from this site, you are purchasing a license to use the media, not the media itself. The license grants you Synchronization Rights (allowing you to freely combine the media with other audio and/or visual elements), and Public Performance Rights (allowing you to play the synchronized media for an audience). You are also granted Mechanical Rights, allowing you to physically reproduce or distribute any media synchronized with other audio and/or visual elements. This type of license has been dubbed Royalty Free, and is granted worldwide (yes, the WHOLE planet) and in perpetuity (that's FOREVER, if you can stand it that long!).
On that note, the term 'royalty-free' is a bit of a misnomer; what the license really should be called is 'royalty-upfront' as the royalties are paid before the usage occurs, not after. But who are we to change the industry? (Maniacal laugh...) Rest assured, you pay only once, and can use the music as many times as you like.
The full End User License Agreement, complete with tons of legal mumbo-jumbo, reads (Click here for a printer-friendly version):
End User License Agreement
Agreement by and between Twisted Media, Inc. (Licensor) and the purchaser and/or end user (Licensee) of any audio and/or visual elements (Media) included in the current order (Transaction) facilitated by Twistedtracks.com (Site).
- Grant of Rights.
- Licensee shall be granted a non-exclusive, non-transferable, single-site license to synchronize and publicly perform Media included in this Transaction, worldwide and in perpetuity, in accordance with the terms and conditions of this agreement.
- Media synchronized with additional audio and/or visual elements can be shared, sold, rented, leased, licensed or copied to other individuals and/or companies.
- Media not synchronized with additional audio and/or visual elements cannot be shared, resold, repackaged, rented, leased, licensed, copied or otherwise transferred in any form to any other individual or company.
- Licensee shall notify Licensor of usage of Media in mediums separately responsible for the payment of performance license fees, such as broadcast or cable television stations, theatrical releases or internet distribution, and shall advise such network, station or studio to properly report the usage of Media.
- Ownership. Media is licensed, not sold, and remains the property of its respective copyright owners, and is protected by U.S. and International copyright law. Unauthorized use of Media is a violation of applicable laws and will result in severe criminal prosecution.
- Licensor warrants that it has the legal right to grant licenses on behalf of copyright owners.
- Licensor does not warrant that the content of Media will fit the particular purpose of the Licensee; no refunds will be given should such situation arise.
- Physically defective Media will be replaced.
- Indemnity. Licensee shall indemnify Licensor and its officers, directors, employees and agents from any direct, indirect or consequential loss arising from the use of any Media licensed or breach of this Agreement.
- Assignment. Licensor may not assign this Agreement or any portion hereof, nor any rights granted hereunder.
- No action of Licensor, other than written waiver, may be construed as a waiver of any provision of this Agreement.
- Waiver of a breach by either party in any one instance shall not constitute a waiver of any subsequent breach, whether or not similar.
- Governing Law. This agreement shall be governed by the laws of the State of Illinois, U.S.A. Any claim or dispute with respect to this agreement shall be submitted to the courts of the State of Illinois and given exclusive jurisdiction therein.
- Entire Agreement.
- This agreement is entire and all negotiations and understandings are merged herein.
- No approvals or consents by either party hereunder shall be unreasonably withheld, unless otherwise specifically provided for herein.
- If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement.
- Termination. In the event of any breach of this agreement, all rights granted hereunder shall terminate immediately, with or without notification by Licensor. Any continued use of Media by Licensee shall then constitute an infringement of copyright. Licensor and copyright holders hereby reserve all rights to legal and financial remedies should any such situation arise.