General Terms and Usage Rights

1.1 BMG (or its licensors) owns or controls all right, title and interest in and to the musical composition entitled “Oxygène, Pt. 2” written by Jean-Michel Jarre (the “Artist”) and the recording thereof, as performed by the Artist (the “Relevant IP”). Nothing in these Usage Terms grants you any right, title, interest or licence in or to the Relevant IP.

1.2 You shall retain ownership of any text, prompt or other material you submit to the Website (“Submissions”), provided always that you hereby grant to BMG a worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to use, reproduce, display and communicate to the public any Submission (in whole or in part) in connection with the operation, promotion and marketing of the Website, the Output, the Artist and/or BMG, in any media (including to explain or demonstrate the process by which the relevant Output was created).

1.3 As between you and BMG, BMG shall own all rights, title and interest (including all copyright and other intellectual property rights) in and to every composition, recording, track, video and other output created on the Website (individually and together, “Output”), throughout the world and universe, for the full period of such rights and any renewals and extensions.

1.4 You irrevocably and unconditionally waive (or, where waiver is not permitted, agree not to assert) any moral rights or similar rights you may have in any Submission and/or Output.

1.5 Nothing in these Usage Terms transfers any ownership (or other rights) in any Output, Relevant IP and/or Software to you. The Output and Relevant IP are not yours to own, sell, release, use or otherwise exploit except as expressly permitted at Term 3 below.

2.1 You represent and warrant that:

2.1.1 any Submission is your own original work, that you own or have obtained all necessary right, title and interest in and to your Submissions (including all copyrights and rights of publicity contained in them), and that you possess all necessary rights and have obtained all consents necessary to submit them and to grant BMG the rights set out in these Usage Terms;

2.1.2 your Submissions will not include the name, voice, likeness or lyrics of any third party (including any artist), and will not be unlawful, defamatory, offensive or otherwise in breach of our Terms of Use;

2.1.3 you are aged 18 years or over; and

2.1.4 You acknowledge that you shall not own or control any rights, title and interest in the Outputs. Without limiting the previous sentence, to the extent that any rights, title and/or interest in and to an Output (or part of them) vest in you, you shall execute such deeds and documents and take such steps as we may reasonably require to confirm the grant to us of such rights in the Outputs.

3.1 Subject to your compliance with these Usage Terms, BMG grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable and royalty-free licence to:

3.1.1 access and listen to your Output via the link provided to you by BMG for up to twelve (12) months from the date the Output is created, or such shorter period as the relevant Output remains available on the Website;

3.1.2 post the 24 second extract of the video Output (such extract shall be provided by BMG at BMG’s sole election via the Website), in the form provided and without editing, on your personal account on the Licensed Platforms only, for personal and non-commercial purposes; and

3.1.3 re-post the link to the Website provided to you by BMG for others to listen to your Output.

“Licensed Platforms” means only the following social media platforms: Meta Platforms (Facebook, Instagram and WhatsApp), TikTok and YouTube. No other platform is a Licensed Platform.

3.3 If a Licensed Platform ceases to be licensed by BMG, or if BMG otherwise requests it at its sole discretion, you must promptly remove any Output you have posted on that platform (subject to Term 3.4).

3.4 BMG reserves the right, at its sole discretion and without notice, to withdraw, disable or not make available any link or Output at any time, in which case the licence at Term 3.1 will end in respect of that Output.

4.1 Except as expressly permitted at Term 3 above, you must not display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer or otherwise use or exploit any portion of the Website or any Output (or any part of it), whether for commercial purposes or otherwise and, in particular, you shall not:

4.1.1 rip, extract, download or copy the audio from any Output or video, whether to use on its own or otherwise;

4.1.2 distribute any Output, including by uploading it to any streaming service or download store, or by selling, releasing or claiming it as your own;

4.1.3 exploit any Output, whether commercially or otherwise, including in any advertising, product or paid work;

4.1.4 post, share or otherwise make available any Output on any platform or service other than a Licensed Platform;

4.1.5 use any Relevant IP and/or Output to train, develop or improve any artificial intelligence or machine learning model;

4.1.6 use or post any Output in a manner, or alongside any content, that is unlawful, defamatory, obscene, offensive, discriminatory, political or otherwise likely to bring BMG or any Artist into disrepute;

4.1.7 state or imply that any Output, or your use of it, is endorsed, sponsored or approved by BMG or any Artist, or claim authorship of any Output; or

4.1.8 remove, obscure or alter any watermark, credit, metadata, content identification or rights management information embedded in or accompanying any Output, or register any Output with any content identification or rights collection system.

The technology and software underlying the Website or distributed in connection with it, including all source code, object code, models, algorithms, and any prompts, templates or other materials provided by or on behalf of BMG through the Website, are the property of BMG, its affiliates and its licensors (the “Software”). You acknowledge and agree that you do not and shall not acquire any right, title or interest (including any intellectual property rights) in or to the Software or any other content, materials or intellectual property made available on or through the Website (other than the limited rights expressly granted to you in these Usage Terms), whether by use of the Website, the creation of any Submission or otherwise. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, sell, assign, sublicense or otherwise transfer any right in the Software. Any rights not expressly granted in these Usage Terms are reserved by BMG.

6.1 To the extent permitted by law, you agree to indemnify and hold harmless BMG, its affiliates, the Artist(s) and its and their respective officers, employees, directors, service providers, licensors and agents (together, the “BMG Parties”) from and against any and all losses, damages, expenses (including reasonable legal fees), claims and actions of any kind arising out of or relating to your breach of these Usage Terms. BMG will notify you of any such claim and reserves the right to assume the exclusive defence and control of it, and you agree to cooperate with BMG’s reasonable requests. You may not settle any claim against the BMG Parties without BMG’s prior written consent.

7.1 The Website and all Output are provided “as is”. Insofar as is permitted by law, neither we, our affiliates, the Artist(s), nor any of our respective agents, licensees or distributors will in any circumstances be responsible or liable to compensate you for any loss or damage arising from your use of the Website or any Output, or from any Output being unavailable, withdrawn or deleted. Nothing in these Usage Terms will, however, exclude or restrict any liability in respect of your rights as a consumer under law, for death or personal injury resulting from negligence, fraudulent misrepresentation or any other liability that cannot be limited or excluded by applicable law. Your statutory rights are not affected. Please see section 12 of the Terms of Use (“Limitations of liability”) for more information.

8.1 BMG may, at its sole discretion and at any time, suspend or terminate your access to the Website and/or to any or all Output (including any link), with or without notice, and including where there is any reason to believe you have breached these Usage Terms. On termination, the licence at Term 3 ends immediately and you must remove any Output you have posted. Terms 1, 2, 4, 5, 6, 7 and 9 survive termination.

9.1 If you think an Output breaches these Usage Terms, or should not be on the Website for any other reason, please report it using the following link: BMG Terms of Use Report a track

9.2 BMG may amend these Usage Terms from time to time by posting updated terms on the Website, and your continued use of the Website constitutes acceptance.

9.3 You may not assign or transfer any of your rights under these Usage Terms. BMG may assign or transfer its rights to any affiliate or successor.

9.4 If any provision of these Usage Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

9.5 No failure or delay by BMG in exercising any right will operate as a waiver of it.

9.6 These Usage Terms, together with the Terms of Use, Privacy Policy and Cookies Policy, constitute the entire agreement between you and BMG in relation to their subject matter.

9.7 A person who is not a party to these Usage Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce them, save that the BMG Parties may enforce Term 6.

9.8 These Usage Terms shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.