Feed Me Music OHG
TERMS AND CONDITIONS OF USE AND LICENSING

1. Scope and Acceptance

1.1 These Terms and Conditions govern access to and use of the online music library “tv-essential” (the “Platform”), operated by Feed Me Music OHG, registered with the Local Court of Hamburg under HRA 94999 (the “Provider”), accessible at hello@tv-essential.com.
1.2 The Platform is made available exclusively to business users, being individuals or entities acting in the course of a trade, business, craft or profession (“Users”). Consumers may only access the Platform subject to a separate written agreement with the Provider.
1.3 By accessing or using the Platform, the User:
agrees to be bound by these Terms in their current version; and
warrants that it is acting as a business user.
1.4 Any terms and conditions of the User shall be excluded unless expressly agreed in writing by the Provider.

2. Use and Licensing

2.1 Subject to these Terms, the Provider grants the User a limited, non-exclusive, non-transferable, revocable right to access the Platform and to search, stream (for evaluation purposes only), and download musical works and sound recordings (the “Music”) in MP3 format.
2.2 Use of Music in television or radio broadcasts by broadcasters holding valid blanket agreements with relevant collecting societies (including, without limitation, PRS for Music, PPL, GEMA and GVL, or their international equivalents) does not require a separate licence from the Provider in respect of those rights administered by such societies.
2.3 For all other uses, including but not limited to advertising, online, social media, corporate or commercial productions, the User must obtain a licence from the Provider prior to use. The User shall submit a request to hello@tv-essential.com. The Provider shall issue a quotation based on its current price list, and a licence shall only become effective upon written confirmation and receipt of full payment. No use is permitted prior to such confirmation.
2.4 The licence granted by the Provider does not include rights administered by collecting societies. The User is solely responsible for obtaining any such licences and for complying with all reporting obligations. Required metadata may be obtained via the Platform.

3. Restrictions of Use

The User shall not, and shall ensure that no third party shall:
3.1 sell, license, distribute, assign, sublicense, or otherwise exploit the Music as a standalone product;
3.2 make the Music available to third parties except as incorporated into a permitted production;
3.3 use the Music in any unlawful, defamatory, obscene, discriminatory or otherwise offensive context;
3.4 use the Music for the purpose of training artificial intelligence or machine learning systems;
3.5 remove or alter any copyright, metadata, or rights management information.

4. Liability

4.1 Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any liability which cannot lawfully be excluded.
4.2 Subject to Clause 4.1, the Provider shall not be liable for:
any indirect or consequential loss;
loss of profits, revenue, business or goodwill;
any loss arising from use of or inability to use the Platform or Music.
4.3 To the fullest extent permitted by law, the Provider’s total liability shall be limited to the licence fees paid by the User in respect of the relevant use.

5. Data Protection

The Provider shall collect, process and use personal data in accordance with its Privacy Policy and applicable data protection laws, including the UK GDPR where applicable.

6. Final Provisions

6.1 All intellectual property rights in the Platform and the Music remain vested in the Provider and/or its licensors. No rights are transferred except as expressly granted.
6.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
6.3 Failure or delay in enforcing any provision shall not constitute a waiver of rights.
6.4 The User may not assign or transfer its rights without prior written consent of the Provider.
6.5 These Terms shall be governed by and construed in accordance with the laws of Germany.
6.6 The courts of Hamburg, Germany shall have exclusive jurisdiction.