License
When you purchase a subscription from e-soundtrax (the "Artist"), you are granted the right to download any Assets ("Audio files or Licenses") offered by the Artist so that it is incorporated into your or your clients' audiovisual production ("Production").
Subject to the Terms and Conditions of this Agreement, the Artist grants you a non-exclusive, non-transferable, and perpetual license to use the Audio files as follows:
Synchronization with an audio-only or audiovisual work to create a final product, so that its nature is different from the music track itself. Examples of this are: online content in social media, corporate presentations, background music in stores or on hold calls, podcasts, games, apps or physical products, movies, documentaries, series, live events, among others, with live or delayed broadcast on radio, television, or cinema.
You have the right to upload and distribute any Production containing audio, provided that the final product is finished, uploaded, and published during the term of this Agreement (Subscription) and does not infringe any provision of the Terms and the License.
Rights to collect public performance royalties on recordings, or rights to grant to any third party the right to exploit any of the Artist's assets are not included.
The license granted under this Agreement does NOT contemplate the use of the audio files in the following circumstances:
Redistribution of an audio file "as is," for example, on streaming platforms such as iTunes or Spotify. Adding singing or musical arrangements to resale it as a song.
Resale by incorporating it into other royalty-free items, such as stock videos.
For “Personal" plan, you are not allowed to use the music library for clients.
For 'Freelance and “Unlimited” plans, If you are hired to create a project for a client, you are covered by the license in that specific project.
The client may not use the music for a different project.
You may not claim Intellectual Property on any of the Artist's audio files. For example, if you upload a
Podcast to Spotify or other streaming platform, you cannot claim authorship or ownership over the music audio file; you shall clarify that the recording has been licensed, providing the respective license.
Prohibition of Use for Artificial Intelligence Training: The use of any music, sounds, or content available on e-soundtrax for training, developing, or enhancing artificial intelligence systems, machine learning, neural networks, or any similar technology is strictly prohibited. This restriction applies to any form of use, directly or indirectly, involving the processing, analysis, or modification of the content for purposes related to artificial intelligence development. Violation of this prohibition will result in immediate legal action.
Monetization on YouTube and other platforms.
Subject to compliance with this Agreement, you have the right to receive remuneration for third-party advertisements when your Production is available on YouTube (i.e., monetization). You are responsible for removing "Third-Party Claims" according to the instructions provided by the Artist in the FAQ section of the Site. The Artist monetizes the unlicensed use of recordings on YouTube or other platforms. Without proper authorization, the Artist cannot distinguish a Licensed Production from an Unlicensed Production and, therefore, the Artist reserves the right to monetize any Product containing audio files not properly authorized for monetization. If a Licensed Product under this Agreement is monetized or if the Artist files a claim, you may follow our claim removal guidelines. The Artist shall have no liability and shall not reimburse you for monetization of Products for any period prior to such Product being properly authorized for monetization.
P.R.O. (Performing Rights Organization)
Any recording during the display of any program material authorized hereunder may be performed by systems that hold Broadcast Music, Inc. ("BMI") or other applicable performing rights organizations’ valid performance licenses, as the case may be. Performing any Arrangement during the display of any program material authorized hereunder by unlicensed systems is subject to performance right clearance by ASCAP, BMI, SESAC or other applicable performing rights organization according to their customary practices and payment of their customary fees. This Agreement shall not replace clearance with respect to any Arrangement hereunder as required by the performing rights organizations in Territories outside the United States and its territories, which shall be in accordance with their customary practices and payment of their customary fees to the extent required as follows: (a) For clarification, "Public Performance" royalties shall still be paid to the composer of the recording each time the recording is publicly broadcast (television, radio, etc.). However, you or your client will generally never have to pay these royalties, which are usually paid by the network broadcasting the music. When in doubt, inquire your
broadcast network about who shall pay these royalties. (b) The PRO information for all artist audio files is as follows:
Composer: e-soundtrax
Royalty Collection Society: BMI
IPI Number: 00845242636
Publisher: Songtrust Blvd 00615755145
* These License Terms apply to paying or trial users.