Material on this site is protected by copyright law and any unauthorized download, use or duplication of musical recordings, text or graphics contained in this site is strictly prohibited. The information on this site and may not be reproduced, adapted or published, in whole or in part, for any purpose without the expressed written consent of Transition Music. All names and logos are trademarks of Transition Music. Logos may be used, downloaded, copied or distributed only with the written permission of Transition Music. To obtain permission contact email@example.com
No Representation or Warranty
Transition Music reserves the right to modify the information contained on this site at any time without notice. While Transition Music makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and Transition Music DOES NOT assume any responsibility for the accuracy, completeness or authenticity of any information contained on this site. This site and all information and materials contained here are provided to you "as is" without warranty of any kind.
Terms and Conditions of Use
When you access services provided through or in connection with the transitionmusic.com site, including but not limited to the licensing of any musical material available on transitionmusic.com , you agree to be bound by and comply with the following Terms and Conditions of Use. In addition, your use of any of the transitionmusic.com content is subject to the transitionmusic.com Music License Download Policy and is incorporated herein by reference and deemed to be made a part of the Terms and Conditions of Use. The Terms and Conditions of Use contain legal obligations and restrictions, and should be read carefully in their entirety. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF transitionmusic.com .
As a condition of your use of the Transition Music website, you agree that you will not use the Transition Music website for any purpose that is unlawful, will violate any third party rights or is prohibited by these Terms and Conditions of Use. You agree that all downloadable content will only be used for “auditioning” purposes and/or so called “temp tracks” and will NOT be synchronized to any visual media now known or hereinafter devised including but not limited to: films, television programs, commercials, infomercials, industrial videos, on air promo’s, documentaries, video games, internet productions without securing a license from Transition Music. You agree that all downloadable content will only be used for “auditioning” purposes and/or so called “temp tracks” and will NOT be broadcast or distributed via ANY media now known or hereinafter devised including but not limited to; theatres, broadcast on free TV, basic TV, cable TV, satellite TV, closed circuit, radio, internet, film festivals without first obtaining a license from Transition Music and in NO instance will the content be used apart from it’s intended purpose.
THE USE OF ANY OF THE COMPOSITION(S) OR MASTER RECORDING(S) ON THIS SITE FOR ANY PURPOSE OTHER THAN “AUDITIONING” OR THE CREATION OF “TEMP TRACKS” FOR POSSIBLE SYNCRONIZATION OR RECORDING INTO A LICENSED MEDIA IS STRICKLY PROHIBITED. ANY PROHIBITED USE WOULD REPRESENT COPYRIGHT INFRINGEMENT RESULTING IN IRREPUTABLE HARM TO THE COPYRIGHT OWNERS
If you elect to use music from this website for your production you must obtain a synchronization and master use license from Transition Music Corporation. To obtain an license please complete the online music license application or contact firstname.lastname@example.org describe your production and your licensing needs and we will get back to you promptly.
Ownership of Rights
All of the content contained on Transition Music, including but not limited to logos, musical compositions, sound effects, sound recordings, text, graphics, photographs, images, data, metadata, information and software ("Content") is owned by Transition Music, its affiliates, subsidiaries or licensors. All elements of transitionmusic.com are protected by copyright, trademark, service mark, moral rights, and other laws, as well as international conventions relating to intellectual and other property rights, publicity rights, contractual rights, and rights of privacy. All rights not specifically granted herein are reserved by Transition Music.
No Unauthorized Copying
All Transition Music content and all related rights will remain the exclusive property of Transition Music and or its affiliates, licensors, clients, content providers or registered users. Therefore except as expressly permitted under these Terms and Conditions of Use, no portion or element of the Transition Music site or the Content may be downloaded, duplicated, distributed or retransmitted by any means now known or hereinafter devised.
No Unlawful or Prohibited Uses
As a condition of your use of the Transition Music website, you agree that you will not use the Transition Music website for any purpose that is unlawful or will violate any third party rights or is prohibited by these Terms and Conditions of Use. You agree not to use the Transition Music website in any manner that could damage, disable, overburden, limit or interfere with any other party's use and enjoyment of the Transition Music website and services.
You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Transition Music website and you agree not to collect or harvest any personally identifiable information for any commercial purposes.
Use Restrictions and Termination
Use of the Transition Music website is subject to compliance with these Terms and Conditions of Use. You acknowledge and agree that Transition Music may terminate, suspend, or deny you access to the Transition Music website, without notice and liability if you fail to comply with or violate any of the Terms and Conditions of Use or any other rules or requirements published by Transition Music. Any such termination, suspension or refusal shall be in Transition Music's sole discretion and may occur without notice. Transition Music reserves the right to terminate, suspend or refuse access to the Transition Music website for any conduct that Transition Music, in its sole discretion believes is or may be directly or indirectly harmful to other users, to Transition Music or to its subsidiaries, affiliates, business contractors or content providers, or to other third parties, or for any conduct that violates any local, state, federal or foreign laws, regulations or conventions.
Use of Content
You expressly acknowledge and agree that Transition Music may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with any legal process; (b) enforce these Terms and Conditions of Use; (c) respond to any claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Transition Music, its users and the public.
Third Party Sales
The transitionmusic.com website may contain links to third party web sites where users can purchase goods or services from third party merchants ("Merchants"). By submitting an order to purchase any goods or services from Merchants, you are obligated to complete such transactions, subject to the individual Merchant's terms and conditions governing such transactions in and to your consumer rights. By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that Transition Music is not a party to the transaction and provides no warranties or guarantees thereto.
Licensing Downloadable Content
In the event you elect to register with transitionmusic.com you will have the opportunity to obtain a password that will enable you to access downloadable content contained on the site. In order to download any content from the site you will be required to accept and agree to the terms and conditions of a License Agreement, a legally binding document that limits/restricts your rights as it relates to how you use the downloadable content, and imposes certain contractual obligations on you. You shall not have the right to share, sub-license, assign, or otherwise transfer or make available any downloadable content to any third party or transfer or delegate your rights or obligations hereunder, unless specifically provided in the relevant and separate license agreement which would be negotiated in good faith by all parties.
Enforcement and Indemnification
You agree to indemnify, defend and hold Transition Music, its officers, employees, shareholders and directors, and its affiliates and content providers (collectively, the "Transition Music Parties") harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and costs) incurred by any Transition Music party as a result of or in connection with any breach by you, or anyone acting on your behalf, of any of these Terms and Conditions of Use or your unauthorized use of any content contained on the site and related rights. Transition Music shall have the right to pursue all necessary legal actions and equitable relief and will seek all available financial compensation and damages, including claims of statutory copyright damages of up to $150,000 per claim (and such other amounts as may be available in foreign jurisdictions) for each instance of infringement in connection with any Track, should Transition Music be notified or otherwise become aware of any infringement, or unauthorized or wrongful use, of any digital content, sound effect, logos, information, data or meta data, or other content available through any Transition Music Site.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE TRANSITION MUSIC SERVICE SHALL BE AT YOUR OWN RISK. THE TRANSITION MUSIC WEBSITE AND TRANSITION MUSIC SERVICES ARE PROVIDED "AS IS" AND TRANSITION MUSIC EXLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THE TRANSITION MUSIC WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING; REPAIR OR CORRECTION REQUIRED BY YOU DUE TO YOUR USE OF THE TRANSITION MUSIC SITES. TRANSITION MUSIC DOES NOT ENDORSE OR MAKE ANY WARRANTY AS TO, NOR IS TRANSITION MUSIC RESPONSIBLE FOR, THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT, OR THE RELIABILITY OF ANY PRODUCTS, SERVICES OR MATERIALS, MADE AVAILABLE ON OR THROUGH THE TRANSITION MUSIC SITES, NOR WILL TRANSITION MUSIC BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIAL OBTAINED ON OR THROUGH THE TRANSITION MUSIC SITES.
Limitation of Liability and Damages
IN NO EVENT SHALL TRANSITION MUSIC, ITS OFFICERS, EMPLOYEES, SHAREHOLDERS OR DIRECTORS, OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF THE TRANSITION MUSIC WEBSITE OR THE SOUNDTRACK SERVICE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE TRACK, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF TRANSITION MUSIC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to Other Web Sites
Waiver and Amendment; Changes
No action of Transition Music, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should one or more provisions of these Terms and Conditions of Use be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Moreover, if one or more of the provisions contained in these Terms and Conditions of Use shall be held to be excessively broad as to duration, scope, activity or subject, such provisions shall be construed by limiting and reducing them so as to be enforceable to the maximum extent allowed by applicable law. Transition Music reserves the right to modify the Terms and Conditions of Use from time to time, for any reason, without notice. Please review these Terms and Conditions of Use from time to time so that you will be apprised of any changes.
These Terms and Conditions of Use shall be deemed entered into in the State of California, and the validity, interpretation and legal effect of the Terms and Conditions of Use shall be governed by the laws of the State of California applicable to contracts entered into and performed entirely within the State of California, with respect to the determination of any claim, dispute or disagreement which may arise out of the interpretation, performance, or breach of the Terms and Conditions of Use. The parties agree that any action, suit or proceeding based upon any matter, claim or controversy arising hereunder or relating hereto shall be brought solely in the State Courts of or the Federal Court in the State and County of Los Angeles. The parties hereto irrevocably waive any objection to the venue of the above-mentioned courts, including any claim that such action, suit or proceeding has been brought in an inconvenient forum. Any process in any action or proceeding commenced in the courts of the State of or elsewhere arising out of any such claim, dispute or disagreement may, among other methods, be served upon you or Transition Music by delivering or mailing the same via registered or certified mail, addressed to you or Transition Music, as the case may be, at the address the respective party may designate. Unless otherwise designated by Transition Music, the address of Transition Music shall be 8033 Wilshire Blvd. 8th Floor Beverly Hills CA 90212. Any such delivery or mail service shall be deemed to have the same force and effect as personal service within the State of California or the jurisdiction in which such action or proceeding may be commenced. Notwithstanding the foregoing, Transition Music will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Transition Music, such action in necessary or desirable.
Claims of Infringement
It is the policy of Transition Music to respond expeditiously to claims of intellectual property infringement. Transition Music will promptly process and investigate notices or claims of alleged infringement and will take appropriate actions, including notification and co-operation with third parties, under the Digital Millennium Copyright Act ("DMCA") and other applicable laws and regulations. Upon receipt of any notice of alleged infringement, including notices complying or substantially complying with the DMCA, Transition Music will act expeditiously to remove or disable access to, or cause the removal or disabling of access to, any reference or link to any material claimed to be infringing or claimed to be the subject or part of infringing activity. Transition Music will terminate access to the Transition Music website for persons who are repeat infringers. Notices of claimed infringement should be directed to:
Paul Nesbitt Esq.
Certain software, and related documentation or technical information, available through the Transition Music is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of, any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders.