Mubert Render Single Track License Agreement
- using the Mubert website (“this site”) and Mubert Render Web Application (“Mubert Render”) or
- accessing any content or material available on this site (“Content”), or
- downloading, listening, or otherwise using music (“Remixes”, “Items”), you agree to the terms and conditions of this License Agreement.
This License Agreement is only for Buyers who pay for a particular track (we call it a Remix) or use a free one. If you need access to the whole Render library for a long period, please check out our Subscription Licenses.
Music Licensing doesn’t have to be hard to understand, so let’s find the right license for your specific needs:
- If you need background music for a video that you’ll use on Social Media but can’t afford a Standard License, you can use our Attribution License. It lets you use the mp3 version of your selected Mubert track for free, but requires you to add a link to mubert.com on every page where this music is used (for example, adding “Music by mubert.com” in video descriptions, social media posts etc). You can similarly use the Attribution License to soundtrack your visual art NFTs, provided that you credit Mubert in the description and link to mubert.com. Please note that other than via NFTs, you can’t monetize your Derivative Works which use the music licensed via the Attribution License or otherwise use them for commercial purposes.
- Standard License lets you use a high-quality version of a Mubert track in your video, podcast or NFT, publish and monetize your Derivative Work on Social Media.
- Social Boost License gives you the same rights as a Standard License and lets you additionally use your Derivative Works that use a Mubert track in promoted/boosted posts on Social Media (e.g. Facebook, Instagram or Twitter) with no limit for funds spent on “boosting”.
- Online Ads License includes all the rights in the Social Boost License and additionally lets you use your Derivative Works in digital ads (including but not limited to YouTube, Facebook, Instagram, Twitter), as well as use Mubert selected music on your own or your company’s e-commerce websites and online platforms.
- All Media License allows you to go beyond online media, letting you use your Derivative Works for public advertising on TV, video-on-demand and radio (though you must comply with your local legislation for Online Ads and CMO). Our Account managers will be happy to help you find the perfect track for your project.
- In-App Music License is designed for software developers and agencies who would like to use a Mubert track as background music for their applications (including but not limited to game soundtracks and in-app music experience).
- Sublicensing License is designed for agencies who are creating Derivative Works for their clients, letting the clients use these Derivative Works in any of the ways described above. It can also be used by software developers whose applications allow their users to create derivative content (user-generated content, UGC) with Mubert music as a background.
- If you intend to build your own music library, distribute and resell Mubert music to your customers, you can get a Reselling License or request a custom license by contacting us at [email protected] or by filling out this form.
1. Licenses and rights granted.
1.1. General Provisions.You’re about to get one of the Mubert Render Single Track Licenses.
Below you’ll find the full description of each license type. When you “buy” (which means in legal terms that you get a license for) a track, file, audio (“Items”), you are granted the rights and bound by the obligations` of a specific Single Track License type - the one you select in a web form, as stated in this Agreement.
For each license type we’ve made simple examples that describe the most common cases of music usage, your rights and responsibilities. You are not bound by only these examples, but by the legal provisions of specific license types.
Please be informed that any activity involving the use of Derivative Works that is not expressly permitted by your specific license type is prohibited.
1.2. Mubert Render License Universal Rights and Limits.Here are the common rules for all of the Mubert Single Track Render License Types.
All Mubert Single Track Render Licenses grant you, the Buyer, a perpetual, limited, non-exclusive, worldwide license to make use of the music (“Tracks”, Remix, Item) you have selected and downloaded.
1.2.1. Your rights strictly depend on the license type you choose while downloading and paying for the Item. Within the terms of Attribution, Standard, Social Boost, Online Ads and In-App Music Licenses you can use Items only for your own (or your company, if you represent one) needs. Unless you have an All media, Sublicensing or Reselling Licenses you can't sublicense or otherwise use an Item for your client or customer, even if you do it for free.
Please be informed that your Client or Customer are bound by the same license you have, but your Client or Customer have no right to sublicense the Item.
Unless it is explicitly stated in the relevant contract, you cannot sublicense or allow your client to create their own Derivative Works based on your Derivative Works. Your Client or Customer or any third party you are working for shall be the end user of the Derivative Work you make; they have no right to further transfer the Item in any form.
1.2.2. You have a "perpetual license", that means a license that gives you the ability to use the Remix (file, track, audio) for as long as the copyright or exclusive right in the United States may last.
1.2.3. You are licensed to synchronize the Item to create Derivative Works in timed relation with footage, audiovisual images on film, internet video, NFT (non-fungible token) or podcasts (synchronization license).
Here’s what this means:
You can combine a Remix with any photo, video or animation or use it in a way that you get a new work that has both audio and graphical elements. There is no way you can use the music only or combine a Remix with other music or audio without any graphical footage (except Podcasts as described below).1.2.4. You can modify or manipulate the Remix within the scope of the license. You can combine the Remix with other works and make a derivative work from it. Even if you use several audio components in your work, the resulting Derivative Works are subject to the terms of this license.
In other words:1.2.5. You are allowed to use Remixes as a background in Podcasts only on these Podcast Platforms: Apple Podcasts, Spotify for Podcasters and Google Podcasts. You are not allowed to share and upload any Podcasts embedded with Remixes on any other platform, website, cloud storage or service. You are not allowed to use Remixes as the main purpose of the podcast. Any means of protection of such podcasts, including watermarks, imprints and content identification (Content Protection Services), which could lead to registration of the right to the Remix or an element thereof, shall not be used. In the event that the use of such Content Protection Services results in claims or other inconvenience to other Remix users or rights holders - the infringer will fully indemnify and hold Mubert harmless from any liability whatsoever and will be liable for any damages themselves.
You can use a Remix in combination with different music samples in your video or podcasts — still, this video must follow the rules described here.
1.2.6. You are granted the right to use Remixes in a NFT (non-fungible token, a unit of data stored on a digital ledger called a blockchain, which certifies unique and original content). Any NFT buyer or subsequent buyer, or rightsholder of a NFT and/or its content have no right to sublicense, modify the Remix. You are well aware of the experimental nature of the distributed digital ledger blockchain network items called NFTs, which can make it impossible to enforce Mubert’s or Buyer’s copyrights, the nature of immutable records in the blockchain network and the probability of changing the legal status of virtual assets in the blockchain network.
1.2.7. The Buyer cannot redistribute the Item on any stock platform, in any form. You cannot do this with an Item either on its own or bundled with other audio or music, even if you modify the Item. You cannot redistribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the redistribution is for Free.
For example, You can’t Buy (download) a Remix, convert it to mp3 format and sell, share or give it to anybody. You can’t license an item and then make it available as-is on your website for your users to download.
1.2.8. Under all Mubert Render Licenses, You cannot give access to the Item by allowing anybody to download it following the provided link; you can’t use the Item in any application allowing an end-user to obtain or customize a digital or physical product to their specific needs. You can’t make Derivative Works only for holding and storing Remixes without the intent to use them later.So, we ask you not to upload Remixes to torrent networks, not to give anybody public or private links to Remixes via the Internet and not to use Remixes in any App that allows one to use the Item automatically.
1.2.9. Regarding broadcasting items publicly via TV, internet, cable or radio, Mubert is an exclusive owner of all rights for Items and has performed all necessary right clearance procedures (which means our music is PRO-free, DMCA-free, and Royalty-free), but your country's laws may impose a duty to pay the remuneration or fee (or license fee) for the TV, radio or cable broadcasting of any music (audio), regardless of its legal or copyright status.
Local PROs and Collecting Societies (or other legal entities) in your jurisdiction may charge a fee (remuneration) for music's TV, radio or cable broadcasting or public performance, although you have a direct license agreement with the Mubert Remixes' Authors and Copyright Holders. You will be solely responsible for paying for such fees, licenses and permissions required in your jurisdiction.
For example, in some jurisdictions, you have to pay for the sole act of playing any music in TV shows or ads and follow the local regulations for the music loudness and selection.
1.2.10. You cannot modify (divide or compress) Remixes with no intent to synchronize them to video or podcast. The rule of this license applies to any part or parts of Remixes.
1.2.11. You cannot extract Remixes from your Derivative Works for any purpose.
1.2.12. You cannot register Remixes, use Remixes as an audio trademark or claim ownership of Remixes in any form.
1.2.13. You are not granted any right or to license any third party to collect public performance royalties with respect to the Items.
1.3. Attribution LicenseYou can get the Attribution License once you have a free account on Mubert Render or any other promo or sponsored account.
Simply put: if you don't pay for the actual subscription plan but have an account - you’ve got the Attribution License for any single downloaded tracks.The Attribution License allows you to use Items in social networks for your personal non-commercial projects not related to monetizing Derivative Works in any way: you are not allowed to use items in digital ads, boosted posts on social networks, branded content etc.
The only allowed way of commercial use of any Item downloaded under the Attribution License is to embed the Item in a NFT. You cannot sublicense rights to the Item to any NFT buyer; the NFT owner is granted no rights to use, broadcast or publicly perform the Item.
You must explicitly and visibly cite and attribute Mubert as the Remix copyright holder in Derivative Works (including NFTs) in the credits, metadata and/or description of the published Derivative Works.
The Attribution License does not cover the use of the Items in Derivative Works in the following cases:
- for any prompted or boosted social posts on social media;
- for any advertisement purposes (included but not limited to productions published within paid media space, online pre/mid/post-rolls);
- for broadcasting on any television or cable television to the public;
- for usage with any visual branded content that promotes or integrates a corporate brand or entity’s products and services;
- for use in apps, software or websites.
1.4. Standard License and Social Boost LicenseThe Standard License allows you to embed Items in your Derivative Works for use in Social networks and monetize them (generate revenue from your audience on social networks in any way, including, but not limited to, receiving revenue from any third parties for Derivative Work broadcasting or later on in the buying process when your audience becomes paying customers).
Under the Standard License you don’t have to cite or attribute Mubert to Remix (though you might find it helpful in case of any copyright claim).
You still have no right to use the Items in Derivative Works for any advertisement purposes (included but not limited to productions published within paid media space, online pre/mid/post-rolls), on TV or Radio, apps or publicly perform Derivative Works in any business (public) place or other locales.
You are not permitted to spend more than $1,000.00 US dollars (or any sum equivalent to $1,000.00 US dollars on the day the Item was purchased) for “boosting” - for the purposes of this contract, this means to pay directly to a social network or some third party services to "promote", increase the visibility or increase the audience of your “post”, message, which includes Derivative Works for as long as such “post” or message is visible or available.
If the Buyer is going to or has already spent more than $1,000.00 US dollars for “boosting” he shall immediately buy the Social Boost License, which has the same scope of rights as the Standard License but allows the holder of such a license to spend unlimited money for that purpose.
If you want to “upgrade” the license for your Item from a Standard License to a Social Boost License please contact us at [email protected].
It is the Buyer’s responsibility to control the amount of money being transferred for promotion or boosting purposes.
1.5. Online Ads LicenseThe Online Ads License allows you to create and use Derivative Works for commercial and advertisement purposes (included but not limited to productions published within paid media space, online pre/mid/post-rolls). You are granted the right to use Remixes in Derivative Works for your personal non-commercial and commercial projects, monetize and boost media in social networks and online platforms, create ads and use Derivative Works for any branded content.
Under the Online Ads License you don’t have to cite or attribute Mubert to Remix.
The Online Ads License is “digital only” – no public performance, TV, radio or cable broadcasting allowed. You cannot use Remixes within apps or other computer software you are developing.
1.6. All Media LicenseAll Media License allows it’s holder to create Derivative Works for use in most of the channels: social networks, websites, TV and Radio with no rights to use the Item for the purpose of software application background music or any other part of a software project.
While you have all the rights to broadcast Items via TV, Radio or cable - you shall comply with the local regulations related to such types of music and other audio content use in your country.
You are allowed to create Works for your Clients and sublicense the item to them.
Please be informed that your Client or Customer are bound by the same license you have, but your Client or Customer have no right to sublicense the Item. Unless it is explicitly stated in the relevant contract, you cannot sublicense or allow your client to create derivative works based on your Derivative Works.
Your Client or Customer or any third party you are working for shall be the end user of the Derivative Work; they have no right to further transfer the Item in any form.
1.7. In-App Music LicenseIn-App Music License allows it’s holder to use Remixes for the purpose of software application development as a part of a mobile app project or any background audio footage. You cannot make Items available for downloading or give any access to Items for your users or any third parties. You cannot sublicense music to your users or any third party and let them create Derivative Works with embedded Items.
You have the right to use Remixes for your or your company’s personal use only, as a part of any web, digital TV, cable or radio ads, in social media or online platforms.
You cannot distribute or sublicense Remixes to any other person.
1.8. Sublicensing LicenseThe Sublicensing License allows you to use Remixes for any commercial or non-commercial purpose, including web, apps, social networks and media. You are allowed to create Works for your Clients and sublicense the Item to them, though you cannot sublicense or allow your client to create derivative works based on your Derivative Works, download the Item from your app, resell or distribute the Remixes.
Your Client or Customer or any third party you are working for shall be the end user of the Derivative Work; they have no right to further transfer the Item in any form.
1.9. Reselling LicenseThe Reselling License allows users to use Derivative Works without any restrictions and limited access. Feel free to contact us at [email protected] for more information.
2. Liability.Mubert may not be held liable in case of any damages, direct or incidental, including but not limited to profit or customer loss, loss of data or information. All Buyers are advised to store a backup of their data.
3. License modification.Mubert may modify this license at any time without prior notice.
4. Severability.In the event that one of the clauses of the license is held to be invalid, you and Mubert agree that the other clauses shall remain valid and that the license will remain in full force and effect.
5. Termination.Mubert retains the right to terminate your Subscription and this Agreement and to suspend your access to the Mubert Render in case of actual or suspected unauthorized use of the Remixes or any other breaches of this Agreement.
6. Applicable law.This license is governed by the laws of the state of California, USA. Any dispute relating to their interpretation and/or their execution shall be referred to the USA jurisdictions excluding any other competent jurisdiction.
7. DisclaimersYou acknowledge and agree that the Mubert Render is provided "as is," and Mubert disclaims all warranties expressed or implied.
DEFINITIONSThe Mubert Render License — the text you see above legally binding You and Mubert.
Podcasts are a way to distribute digital audio content (an episodic series of spoken word) over the Internet with the end goal that the content will be downloaded by a subscriber using subscription software and a collection of technologies for automatically distributing audio programs over the internet via a publish and subscribe model.
Subscription Period — once you’ve paid the fee, this will be the period during which you can download and use Remixes, a period during which you have the right to use our beautiful Mubert website and app.
Subscription Plan — once you’ve paid the fee, this will be the period during which you can download and use Remixes.
Subscription Fee — the amount of payment for the Subscription Period.
Single Item Fee — the amount of payment for the rights granted to use and download a single Remix.
Remix, Item — it’s just our music, the music we create for you.
Derivative Works — the works, video animation, etc., that you’ve made with our Remixes.
NFT — token or unit of data stored on a digital ledger, called a blockchain.