License Agreement
This License Agreement ("Agreement") is entered into between you ("the User") and Most Rated ("Website") regarding the use of the website hosted at https://www.mostrated.com ("Website"). By accessing or using the Website, the User agrees to be bound by the terms and conditions of this Agreement.
1. Grant of License
The User hereby grants the Website a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, display, and publicly perform any content uploaded or submitted by the User ("Content") on or through the Website. This includes sound recordings, music videos, musical compositions embodied within such recordings and videos, and associated metadata such as song lyrics, album art, and photographs. This license is granted to the Website solely for the purpose of operating, promoting, and improving the services provided by the Website, including the public performance and communication to the public of Musical Works.
2. Ownership and Intellectual Property
The User retains all ownership rights to the Content uploaded or submitted to the Website. The Website does not claim ownership over the Content. However, by uploading or submitting Content to the Website, the User grants the Website the rights necessary to host, display, and distribute the Content, including the use of the User's name, trademarks, likenesses, and biographical materials in connection with the provision of the Service.
3. Removal of Content
Upon request by the User, the Website will make reasonable efforts to remove Content uploaded or submitted by the User from the Website within a reasonable timeframe. However, the User acknowledges that there may be a delay for content that is already scheduled or being streamed to other Users.
4. User Representations and Warranties
By uploading or submitting Content to the Website, the User represents and warrants that:
- The User is the owner of the Content or has the necessary rights, licenses, consents, and permissions to grant the license to the Website as described in this Agreement.
- The Content does not infringe upon the intellectual property rights or any other rights of any third party.
- The Content does not violate any applicable laws, regulations, or guidelines.
- The Content is accurate, complete, and does not contain any false or misleading information.
- The User has the full right and authority to grant the rights set forth in this Agreement, including the communication to the public and public performance of Musical Works. The User is solely responsible for notifying their Performance Rights Organization (PRO), such as PRS for Music in the UK, about the royalty-free license granted herein, ensuring that no fees or payments shall be due to the PRO for the public performance or communication to the public of your Musical Works on this Service.
5. Indemnification
The User agrees to indemnify, defend, and hold harmless the Website, its affiliates, directors, officers, employees, agents, and representatives from and against any claims, losses, damages, liabilities, and expenses arising out of or related to the User's use of the Website, including but not limited to any claims or actions arising from the Content uploaded or submitted by the User.
6. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
7. Modifications to the Agreement
The Website reserves the right to modify or amend this Agreement at any time. Any changes to the Agreement will be posted on the Website, and it is the User's responsibility to review the Agreement periodically. By continuing to access or use the Website after any modifications or amendments to the Agreement, the User agrees to be bound by the revised terms and conditions.