LIMITATION ON LIABILITY.
Except to the extent required by applicable law, in no event will Thinkroot Records be liable to Site User/Producer on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or the use of the Intellectual Property.
In the event of any disagreements, Thinkroot Records and Site User/Producer will settle by binding informal arbitration.
- Site User/Producer cannot claim to be the composer of Intellectual Property.
- Site User/Producer cannot claim the Intellectual Property using YouTube Content ID System.
- Site User/Producer cannot re-license or distribute Intellectual Property as is.
- Thinkroot Records cannot guarantee or warranty that YouTube Content ID System will not send the "Matched Third Party Content" message. Thinkroot Records has no association with YouTube's Content ID System.
- When applicable, do not include the name of this Intellectual Property on the cue sheets to ensure royalty-free use.
- You additionally agree to all the terms in the music licenses:
DMCA NOTIFICATIONS AND COUNTER-NOTIFICATIONS
Thinkroot Records respects the intellectual property of others, and we ask our users to do the same. Each artist is responsible for ensuring that the materials they submit to Thinkroot Records do not infringe any third party copyright.
Thinkroot Records will promptly remove materials from http://thinkrootrecords.com in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright.
How to File a DMCA Notice to Remove Copyrighted Content on Thinkroot Records
If you (or your agent) believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- The name, address, telephone number, and email address (if any) of you or a person authorized to act on behalf of the owner.
- Your electronic or physical signature.
- A description of the copyrighted work that you claim has been infringed.
- Identification of where on http://thinkrootrecords.com the material that you claim is infringing may be found, sufficient for Thinkroot Records to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
In filing a DMCA notice, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice may not be processed further.
If you have questions about the legal requirements of a DMCA notice or counter-notice, please contact your legal advisor. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Please be aware that there can be penalties for false claims under the DMCA.
Thinkroot Records may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the artists who have posted the allegedly infringing material.
Thinkroot Records will file a DMCA Counter-Notification if Necessary.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Thinkroot Records against you, the DMCA permits you to send Thinkroot Records a counter-notice.