Terms and Conditions


Terms and Conditions

Manchester Music, Inc.

By using this site, you signify that you have read these Terms and Conditions of Use and that you assent to these terms and conditions of use.  If you do not agree to follow each of the terms and conditions of use, do not use this site.

manchestermusiclibrary.com reserves the right to update these terms and conditions at any time.  Your continued use of the manchestermusiclibrary.com Website will mean that you accept those changes.

Licensing Levels   

The following explains how you can use Music licensed under each of our licensing levels.  Each of the four levels is available under an Annual Blanket License, a per production track license or an unlimited productions CD license.  Pricing is provided in the License Agreement. 

Note: Level A is the lowest. Levels B, C and D also contain the rights granted in the levels below them.


Level A – Limited License Special Rate:

For usage by:

  • Small business production companies (up to 2 employees)
  • Government, Non-Profit, Educational Institutions, Churches, or any 501c(3) organizations
  • For usage in:
  • Non-broadcast and Copies – limited to 500 copies per production
  • Internet  - limited to usage on one website per production excluding YouTube and similar venues
  • Broadcast – limited to local cable access channel only


Level B – Standard License:

For usage by:

  • Any business or organization of any size
    (excluding major post-production facilities and resellers and/or national or international broadcast networks)


For usage in:

  • Non-broadcast and Copies – limited to 3,000 copies per production
  • Tradeshows & Public Events – includes direct performing rights limited to this usage only
  • Theatrical – limited to film festivals only
  • Music-on-hold – limited to l0 locations per production (includes direct performing rights)
  • Internet  - unlimited usage on websites including YouTube and similar venues
  • Broadcast – unlimited usage in local and multi-markets in a single country (non network only)



Level C – Pro License:

For usage by:

  • Any business or organization of any size
    (excluding major post-production facilities and resellers and/or national or international broadcast networks)


For usage in:

  • Non-broadcast and Copies – limited to 6,000 copies per production 
  • Tradeshows & Public Events – includes performance rights limited to this usage only 
  • Theatrical – limited to film festivals only
  • Music-on-hold – limited to 25 locations per production (include direct performing rights)
  • Internet  - unlimited usage on websites including YouTube and similar venues
  • Broadcast – unlimited usage in all forms of broadcast including local, regional, and national
  • Phone apps
  • Games with unlimited download



Level D – Special Usage Applications:

For usage by:

  • Major post-production houses or resellers
  • National and international broadcast networks including cable


For usage in:

  • Non-broadcast and copies – more than 6,000 copies per production
  • Ringtones, telecommunications and server distribution
  • Theatrical films and trailers – for showing and distribution in theaters / DVD distribution
  • Music-on-hold – more than 25 locations



WHAT YOU CANNOT DO AT ANY LICENSE LEVEL

  • Sell, resell, re-license, sub-license or give away tracks on their own.
  • Claim exclusive ownership of a track.
  • Sell Audio-Only CD’s or Audio Downloads or Ringtones using the tracks without synchronization with other media.


The following will give you an idea of the terms and conditions which will be included in your annual blanket or royalty free license.


MANCHESTER MUSIC LICENSE AGREEMENT TERMS AND CONDITIONS

BACKGROUND

This Agreement governs the terms by which clients of manchestermusiclibrary.com obtain the non-exclusive right to use music made available by Manchester Music, Inc. through the web site located at www.manchestermusiclibrary.com (the “Site”). This is a fairly lengthy document, and it contains many important provisions that affect your rights and obligations.

GENERAL TERMS

All stock music (hereinafter referred to as "Music") purchased at manchestermusiclibrary.com comes with a limited, non-exclusive license for commercial, personal or ringtone use. Music is available as:

1. Individual tracks (“Tracks”)  2.  Albums, available for download or shipped as physical CDs (herein known as “Albums”) or 3. Collections of Albums (“Collections.” You choose the type of license you desire when you add Music to your shopping cart. Commercial use includes use in television production, radio or audio production, commercials, film, theatre, multimedia or other media projects.  The Music can be used in virtually any type of commercial or personal project or broadcast, including corporate projects, national and international broadcasts, television production, films, products for sale or giveaway, large scale media distributions, phone apps, video games, advertisements, youtube, trade shows and public event, music-on-hold, wedding videos, and internet sites.

USE OF MUSIC

Your rights to the use of the Music is dependent upon the specific licensing option and licensing parameters chosen by you during the licensing process for each Track, Album or Collection. Such license may be limited in scope, according to the License Level, and either blanket. per production or unlimited productions.

Music licensed under the blanket option may be used in an unlimited number of productions during the period of the blanket (within the parameters of the License Level.) Even if the blanket is not renewed, the Music license for productions produced during the period of the blanket extends in perpetuity, provided the productions are not altered. Music licensed under the per production track license may be used in perpetuity in a single production, within the limitations of the license level. Music licensed under the unlimited CD option may be used in an unlimited number of productions in perpetuity, within the limitations of the license level. Each license is for use of the Music by you, the client, and is not transferrable to any third party. All Tracks available from manchestermusiclibrary.com are licensed, not sold, to you by Manchester Music, Inc. on a non-exclusive basis.  


CUE SHEET FILING REQUIREMENT

For US-based clients, Cue sheets are to be filed with the appropriate PRO (i.e. ASCAP or BMI) for any Music which is to be embedded in a production that is to be broadcast on radio, TV, or cable in national or international markets. The exception is productions for which the client has obtained a direct performing license from Manchester Music. Non-US-based clients are required to file a cue sheet for any radio, TV or cable use with the appropriate performing rights organization in your country.

The Tracks at manchestermusiclibrary.com are owned or controlled by Manchester Music. This includes both the sound recording ("Master") and, for music tracks, the underlying musical composition ("Composition"), together known as the Music. The rights associated with each specific type of license include one or all of the following, depending on the license level:

1. Mechanical and Videogram licenses. Mechanical and videogram licenses provide the right to re-record, duplicate and release the Music as part of your production in whatever medium required (i.e. CD, DVD, record, mini-disc, or embedded in a hardware product, game or similar product or production). The number of copies allowed per production is determined by the license level.

2. Synchronization license - also known as a "sync license" provides the right to combine the Music with other elements (such as visual images, voice over or sound effects) in a production.

3. Electrical transcription license - This type of license provides the right to integrate the Music into productions for audio-only broadcast, such as bulletin boards and music on-hold.  However, audio-only productions may not be duplicated or sold on any medium such as CD or DVD.

4. Public Performing license – This license is required for use of the Music in any public venue, including  broadcast on radio, TV and cable, the internet, trade conventions, restaurants, stores, music-on hold, phones apps, and future media. Music broadcast on radio, TV and cable is covered by licenses which the stations or networks obtain from ASCAP and BMI. Stations and networks without such a license must obtain a direct license for use of music from Manchester Music. Other performing uses cited above may be granted directly from Manchester Music according to the license level.

CONTENT USE LIMITATIONS

The Tracks available at manchestermusiclibrary.com may not be resold as part of other music or audio-related collections, in part or in whole. They may not be used or resold as a commodity except as part of a production that is clearly unique and distinct from the track itself.  Tracks may not be copied or duplicated except for use in the licensee's productions and must only be used by the person to whom the license was given.  Tracks may not be directly traded or exploited for profit for any other reason. Manchester Music, Inc. maintains all intellectual property rights with regard to the marketing and sales of all Tracks and any infringement thereof is punishable by law.

To clarify, you may not distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of the Tracks except as incorporated in a Production. You may not distribute the Tracks independently of a Production, or with any directions or instructions as to how the Tracks may be extracted from a Production, or with any invitation, suggestion or authorization that the Tracks may be extracted from a Production.

YOU THE PURCHASER MAY NOT

  1. You may not re-record or change any music Tracks in any way without the written consent of the owners.  You may, however, edit the music or sound effect to fit your Production needs.
  2. You may not claim ownership or authorship of the Tracks represented under this agreement.
  3. You may not transfer, share or sub-lease this license agreement with any other party.
  4. You may not sell the Tracks contained herein outright to any other individual or party. (Although the music or sound effect can be sold as part of your production.)
  5. You may not download Tracks with automated downloads via software control, robots, spiders or crawlers.  This activity is strictly prohibited and will result in termination of the offending user's subscription as well as immediate blockage of your IP number by firewall.


INADVERTENT ERRORS

If you license a Track from Manchester Music, Inc. and choose a licensing options to arrive at a price for the Track and proceed to purchase the Track, and it then becomes apparent to Manchester Music, Inc.  that the licensing options you have chosen are not appropriate for your intended use of the Track, Manchester Music, Inc. reserves the right to adjust your license to correct it for your intended use of the Music and if additional monies are due and owing to Manchester Music, Inc., you agree to pay the difference in order to obtain the correct license for your intended or actual use of the Music.

NO REFUNDS

Manchester Music Inc. does not generally provide refunds.  You have the full opportunity to preview all Tracks before you license them individually or subscribe to the site.  Once you have subscribed or made a pay-per-track purchase and downloaded various Tracks, we have no way to "take back" or remove the Tracks that you may have downloaded.  Consequently, all sales are final.  Any requests for partial or full refunds are reviewed on a case by case basis, and certainly, if there is some problem on our end, we will work with you to resolve the problem. We strive to be fair to our clients.

ACCURATE INFORMATION

You agree that all information that you provide to Manchester Music at any and all times is accurate, complete and not misleading in any material respect. You will exercise due diligence and maintain strict safeguards on all Tracks received by you from Manchester Music to prevent unauthorized use or distribution thereof.

INDEMNIFICATION

You will indemnify, save, hold harmless and defend Manchester Music from and against any and all claims, demands, suits, damages, liabilities and all reasonable expenses, including attorneys' fees, against or suffered by Manchester Music with respect to any matter that arises as a result of a breach of this Agreement by you.

LIMITATION OF LIABILITY

You agree that Manchester Music’s cumulative liability with respect to any claims made in relation to or arising out of this agreement on any theory or basis will not exceed the license fee paid by you for the licensed Track(s), Albums, Sounds or other audio content.

CHOICE OF JURISDICTION

This License Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You agree that the exclusive jurisdiction for any action relating to this License Agreement will be in the federal or state courts of Massachusetts.

Royalty Free License

1. LICENSEE may only create productions with the music at single site. LICENSEE may not resell or transfer it to any party outside of the LICENSEE’S company at one facility.  Music used in any product for distribution may not stand alone, but must be synchronized with some other audio or video elements.

2.  This agreement in no way limits or restricts LICENSOR from entering into similar agreements with other persons with respect to the compositions licensed in this agreement.

3.  This agreement does not entitle the LICENSEE to sell or otherwise transfer any right or interest in the compositions without the written consent of LICENSOR.  The LICENSEE shall not transfer any music files or CDs, or copies thereof to any third party. 

4. The LICENSEE may use the music licensed for an unlimited time and unlimited number of productions within the range of applications stated in the license level above. 

5.  The term LICENSEE shall not include a parent, subsidiary, affiliate, separate department or branch office of a corporation or partnership at any location other than the one identified above.


6. The music may not appear in public unless it is synchronized with other audio or visual elements, with the exception of music-on-hold, restaurants and other retail outlets. 

7.  In the event that the LICENSEE breaches any of the provisions of this agreement including the payment of fees the LICENSEE’s rights shall terminate automatically.  
Should LICENSEE fail to cease using compositions, in addition to any other  remedy, LICENSOR shall be entitled to obtain at LICENSEE’s expense an injunction to enjoin the LICENSEE from using compositions.

8.  LICENSOR represents and warrants that it has been granted the right to distribute the compositions herein.  It is specifically understood that LICENSEE assumes no liability for any royalties, residuals or continuing rights which may be due to the performers whose services were used in the creation, production and recording of the compositions.

9.  LICENSOR’s liability shall not exceed the fee paid by the LICENSEE as indicated above.

10.  This document shall be governed by and construed only in accordance with the laws of the Commonwealth of Massachusetts and the United States and any action hereunto may be duly filed within the jurisdiction of the County of Franklin, Commonwealth of Massachusetts, and in no other jurisdiction.   

11. All rights not specifically granted herein are retained by the LICENSOR. 

12. LICENSE LEVELS: PLEASE REFER TO LICENSE LEVELS UNDER OUR TERMS AND CONDITIONS

Annual Blanket License

1. LICENSEE may only create productions with the music at single site. LICENSEE may not resell or transfer it to any party outside of the LICENSEE’S company at one facility.  Music used in any product for distribution may not stand alone, but must be synchronized with some other audio or video elements.

2.  This agreement in no way limits or restricts LICENSOR from entering into similar agreements with other persons with respect to the compositions licensed in this agreement.

3.  This agreement does not entitle the LICENSEE to sell or otherwise transfer any right or interest in the compositions without the written consent of LICENSOR.  The LICENSEE shall not transfer any music files or CDs, or copies thereof to any third party. 

4. The LICENSEE may use the music licensed for an unlimited number of productions during the period of agreement, within the range of applications stated in the license level above.  The license for any productions created during the period of agreement will remain in effect in perpetuity, provided that their contents are in no way altered. 

5. In the event that the Annual License is not renewed, or the License becomes invalid for any other reason: A. Any CD’s which LICENSEE receives as part of this agreement remain the sole property of the LICENSOR and shall be returned immediately, at LICENSEE’s expense. B. Any audio files LICENSEE downloads as part of this agreement shall be destroyed. 
 
6.  The term LICENSEE shall not include a parent, subsidiary, affiliate, separate department or branch office of a corporation or partnership at any location other than the one identified above.

7. The music may not appear in public unless it is synchronized with other audio or visual elements, with the exception of music-on-hold, restaurants and other retail outlets. 

8. In the event that the LICENSEE received from the LICENSOR a password granting access to music on the site, the LICENSEE shall never reveal it to any unauthorized party.

9.  In the event that the LICENSEE breaches any of the provisions of this agreement including the payment of fees the LICENSEE’s rights shall terminate automatically.  

Should LICENSEE fail to return all CDs and destroy audio files and/or fail to cease using compositions, in addition to any other  remedy, LICENSOR shall be entitled to obtain at LICENSEE’s expense an injunction to enjoin the LICENSEE from using compositions.

10.  LICENSOR represents and warrants that it been granted the right to distribute the compositions herein.  It is specifically understood that LICENSEE assumes no liability for any royalties, residuals or continuing rights which may be due to the performers whose services were used in the creation, production and recording of the compositions.

11.  LICENSOR’s liability shall not exceed the fee paid by the LICENSEE as indicated above.

12.  This document shall be governed by and construed only in accordance with the laws of the Commonwealth of Massachusetts and the United States and any action hereunto may be duly filed within the jurisdiction of the County of Franklin, Commonwealth of Massachusetts, and in no other jurisdiction.   

13.  All rights not specifically granted herein are retained by the LICENSOR. 

14. LICENSE LEVELS: PLEASE REFER TO LICENSE LEVELS UNDER OUR GENERAL TERMS AND CONDITIONS

Privacy


Privacy Policy of  Manchester Music, Inc.

We know that you care how your information is used, and we appreciate your trust that we will use it carefully and sensibly. This notice describes our privacy policy.
By visiting us, you are accepting the privacy policy described below.

1.  What Personal Information Do We Collect and Save?

  • Information You Provide.  We receive and store information you enter.  For example, when you search for or buy a product, or when you supply information such as your address, phone number. However we never store credit card numbers. You can choose not to provide certain information, but then you might not be able to take advantage of some of our features.  We collect and save the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our website, and communicating with you.

  • Cookies. Like many websites, we use "cookies".  Your browser will automatically store one cookie that allows us to recognize you and to provide you with a customized shopping experience.  And most importantly, the cookie is what maintains your "logged in" state once you register and login to the site.  If you delete our cookie from your browser, you will no longer be logged into our web site.

  • Other Information: Every computer has an IP (Internet Protocol) address.  IP addresses of computers used to visit this site are noted.  In addition, we automatically collect other information such as email addresses, browser types, operating systems, and the URL addresses of sites clicked to and from this site.

2.  How Do We Use Your Information?

  • Customized Shopping.  We use your information to better serve you by providing a customized shopping experience.

  • Composers and Publishers.  When you purchase a music track here for commercial use, for each track you purchase you must submit a track usage report indicating how each track will be used.  The information you submit with each track report will be shared with the composer(s) and publisher(s) of each track to inform them about how their music is being used and who is using it.

  • Agents. We employ other companies and individuals to perform functions on our behalf. Examples include delivering packages, sending postal mail and e-mail, and processing credit card payments. They have access to personal information needed to perform their functions, but may not use it for other purposes.

  • Special Offers.  We may send you special offers from time to time, unless you choose to “opt-out” of receiving such offers.  Please see the “opt-in/opt-out” selection at the end of this policy.

  • Business Transfers. As we continue to develop our business, we might sell or buy stores or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that we are acquired, customer information will be one of the transferred assets.

  • Law Enforcement.   If we receive a lawful court order to release account or other personal information then we will comply with the law.  We will also release information when necessary to protect the life, safety or property of others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

  • Internal Reference.  The information we collect and save is used for internal reference purposes, to administer our business operations in a proper manner.

3.  How Do We Protect the Security of Your Information?
  • We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

  • We use encryption to protect your information contained in our customer list.

  • We use a firewall to protect against unlawful intrusion.

  • We limit access to your information on a “need to know” basis.

  • We transmit your credit card number to the appropriate credit card company during order processing only.

  • It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

  • No system can guarantee absolute security, just as the finest lock cannot guarantee physical security.  However, we take every reasonable precaution to assure that your data is secure.

4.  Your Choice:  Opt-in or Opt-out.

  • It is your choice whether to receive emails or special offers from us about sales promotions and new music libraries that are added to our site.

  • By default, newly registered customers are opted-in.  Our emails will always contain an unsubscribe option if you choose to opt out.

5.  Children
  • We do not sell products or services to children. If you are under 18, you may use this site only with involvement of a parent or guardian.

6.  Other Websites
  • Various Web site may be linked to from this site.  If you click through to another web site, your privacy depends on the policy of that site.  We strongly urge you to check their privacy policy.  Not all sites guarantee that they will not share your personally identifiable information with others. 

7.  Contact Us
  • If you ever need assistance with the features, products or services offered on this web site, please use the contact form on our Contact Us page and we will be happy to assist you. 

8.  Reserved Rights
  • We reserve the right to modify this policy in the future.

Cue Sheet

Click here to download our Cue Sheet.