IMPORTANT - READ CAREFULLY
As used herein, MediaNet includes MediaNet, Inc. and its divisions, subsidiaries, successors, parent companies, and their respective directors, officers, employees, partners, principals, agents and representatives.
1. Description of the MediaNet Claiming Portal.
MediaNet's publisher portal (the "MediaNet Claiming Portal") is a tool created and operated by MediaNet which allows rights holders to claim ownership of the musical compositions embodied in the sound recordings in MediaNet's catalog. Through the MediaNet Claiming Portal You may be provided with access to functionality which allows You to upload Your musical compositions catalog and/or search a catalog of sound recordings to identify those sound recordings which embody the musical compositions that You own or control. The ownership information you provide to MediaNet through the MediaNet Claiming Portal will help it continue to administer licenses and pay royalties for the use of musical compositions by MediaNet and its customers in an accurate, efficient and transparent manner. You may find additional information about the MediaNet Claiming Portal by vising the MediaNet Claiming Portal FAQ.
2. Registration and Login Information
2.1 As part of the Account registration process, or as part of Your continued use of the MediaNet Claiming Portal, you may be required to provide MediaNet with information about You such as identification, contact information, and banking information. You agree that any such information You provide to MediaNet will always be accurate, correct and up to date, and You agree to provide MediaNet with any updates or changes to Your registration and contact information via the "My Profile" page in the MediaNet Claiming Portal.
2.2 In order to use the MediaNet Claiming Portal You will need a user account ("Account") and login information (e.g., username and password) ("Login Information"). An Account will either be set up for You by MediaNet or by You through the MediaNet Claiming Portal. You may update Your Login Information anytime through the MediaNet Claiming Portal. Your Login Information is unique to You and will allow You to view Your Account and information related to Your musical compositions. You agree and understand that you are responsible for maintaining the confidentiality of your Account and Login Information and further agree not to share these with any third-party. If you are aware that someone else is accessing Your Account or has obtained your login information, immediately change Your password in the "My Profile Page" in the MediaNet Claiming Portal and then notify MediaNet by email at firstname.lastname@example.org.
3.1 You may be provided with access to metadata through the MediaNet Claiming Portal ("Metadata"). Such metadata is obtained by MediaNet from multiple sources such as record labels, content aggregators and music publishers, and is provided to you solely for the purpose of assisting You in identifying sound recordings through the MediaNet Claiming Portal in which Your musical compositions may be embodied. You may not make any further use of the Metadata, including, without limitation, for any commercial purposes. All of the Metadata is provided to You "as is" and without any representations or warranties of any kind, including, without limitation, any warranties as to accuracy or fitness for any particular purpose.
4. Ownership Claims
4.1 Through the MediaNet Claiming Portal You will be able to claim the musical compositions which you own and/or control (each such claim, a "Claim"), including, without limitation, via the submission of data files to MediaNet and/or via an interface through which You can claim specific musical compositions. By making a Claim, You represent and warrant that (i) You own and/or control the applicable musical compositions or that You are the authorized agent of the owner of the applicable musical compositions, and (ii) You are authorized to collect royalties in connection with the use of the applicable musical compositions.
4.2 As part of the Claims process You will provide MediaNet with certain data related to Your musical compositions ("Ownership Data"). You agree that all Ownership Data You provide will be true and accurate, and You will keep all Ownership Date current. You further agree that MediaNet may use all Ownership Data provided to it in any manner for the purposes of paying You royalties, providing musical composition copyright clearance and publishing administration services, in connection with the distribution of sound recordings and/or musical compositions, or to otherwise improve publishing administration efforts.
4.3 All Claims will be processed by MediaNet in accordance with its standard data ingestion processes, and any conflicts that arise will be resolved by MediaNet in accordance with its conflict resolution policies.
5. Statutory Mechanical Licensing Pursuant to Section 115 of the United States Copyright Act
5.1 You agree that MediaNet may serve You with Notices of Intention to Obtain a Compulsory License ("NOIs") and Statements of Account pursuant to Section 115 of the United States Copyright Act and the applicable Federal Regulations ("Section 115") in electronic format either via the MediaNet Claiming Portal or email directed at the email address associated with Your Account or other email address you may have provided to MediaNet. If You wish to obtain NOIs and/or Statements of Account by mail, please let MediaNet know via email at email@example.com and You will begin receiving these documents by mail within sixty (60) days.
5.2 You agree that the applicable licensees listed in the NOIs provided to you by MediaNet will be deemed compulsory licensees with respect to the applicable musical compositions pursuant to Section 115 with all of the rights and obligations thereunder, even is such NOIs were received by You following the distribution of the applicable musical compositions.
5.3 By providing Your banking information to MediaNet, You agree to receive royalty payments from MediaNet, including in connection with the making and distribution of phonorecords as set forth in Section 115, by electronic means and authorize MediaNet to send credit entries, as well as appropriate adjustments and debit entries, if needed, to the account provided via direct deposit in connection with such royalty payments. If you wish to obtain Your royalty payments by check, please let MediaNet know via email at firstname.lastname@example.org and You will begin receiving these payments by check within sixty (60) days.
6.1 The data made available to You as part of the Claims process in the MediaNet Claiming Portal (e.g., usage data) is proprietary and confidential to MediaNet (such information is referred to herein as "Confidential Information"). You agree not to use the Confidential Information for any purpose other than in connection with making and processing Claims. You further agree not to disclose the Confidential Information other than (i) to Your employees, financial advisors and in-house attorneys who have a need to know such information for the purposes of making and processing Claims, or (ii) as required by operation of law, court order or other governmental demand, provided that prior written notice of such disclosure is furnished to MediaNet in writing to email@example.com in order to afford MediaNet a reasonable opportunity to seek a protective order.