Radar Terms of Use

Welcome to The Mechanical Licensing Collective (“The MLC,” “we,” “us,” or “our”) Radar (“Radar”), which allows Collective Management Organizations (defined below) (collectively, “you”) to interact with custom views and to download subsets of publicly available songwriter contact data attributable certain unmatched or unclaimed musical works and sound recordings (according to the Musical Works Database). These Radar Terms of Use specifically govern your access and use of the Radar located at radar.themlc.com.

The MLC Privacy Policy, Website Terms of Use, and any other policies or rules concerning your use of the Radar are available on our website and are incorporated into these Radar Terms of Use (the “Radar Terms”). Before using the Radar, please read these Radar Terms carefully. By accessing our services and features on the website, browsing, using, and/or registering in the Radar, you (or any entity on whose behalf you are acting) acknowledge that you have read, understand, and agree to be bound by these Radar Terms. If you do not accept these Radar Terms, you must not access or use the Radar.

‍1.     Definitions

          (a) “Collective Management Organization” (or “CMO”) means an organization which manages the collective copyright and related rights of its members, such as performing rights organizations, mechanical rights organizations and performers’ rights organizations.

          (b) “User(s)” means the following categories of users who have access to a CMO account verified through login credentials (i.e., username and password):

                    (i) “Account Owner” is an individual of the CMO who creates an account to access and use the Radar. An Account Owner has access to all functionality and features within the Radar and is authorized to grant access to Admin Users and General Users.

                    (ii) “Admin User(s)” is an individual with access to a CMO account within the Radar. An Admin User has access to all functionality and features within the Radar and can view and revise account settings and manage User access. Each Admin User is responsible for overseeing and monitoring access by its Users to the Radar.  If you are an Admin User, you must deactivate User accounts when Users no longer require access to the Radar for any reason.

                    (iii) “General User(s)” is an individual with access to a CMO account within the Radar. A General User cannot add or remove Users or view or revise account settings.

2.     Radar Account Access and Registration

‍The Radar permits Users to (1) request access to Radar and the activation of a CMO account; (2) create new Admin User and General User accounts and update User account profiles; (3) access permitted areas of the Radar to analyze data associated with unmatched or unclaimed musical works and sound recordings; and (4) register additional User accounts and configure permissions for General Users. YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY NON-PUBLIC PORTION OF THE RADAR UNLESS YOU ARE AN AUTHORIZED USER (AS DEFINED ABOVE) OF SUCH PORTION OF THE PLATFORM.

          (a) Radar Registration. To request access to the Radar, a person (i.e., the Account Owner) must complete the online request form by providing certain information, which may include, without limitation, name, work title/position, email address, and phone number. Once the requested information is confirmed, an Account Owner account will be created, which will allow the Account Owner to create Admin User and General User accounts associated with a CMO and its data.

          (b) User Representations and Warranties. As a User, you represent and warrant that you have the full right, power, and authority to create, access, maintain, and/or use a CMO account and to perform the acts required to comply with these Radar Terms. As a User, you further represent and warrant that all account information is complete, truthful, and correct. All Users agree to maintain and update the accuracy of such information whenever necessary or as verifiably requested by The MLC. You grant to us and to all other persons and entities involved in the operation of the Radar the right to use, store, monitor, retrieve, and transmit your account information in connection with the operation of the Radar and as otherwise provided herein. As noted above, you agree that all information you provide to register with the Radar is governed by our Privacy Policy, which is incorporated into these Radar Terms by reference for all purposes. 

‍3.     Radar Account Information

‍You can review and change your personal data by logging into your Radar account. You acknowledge, consent, and agree that we may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal processes; (b) enforce these Radar Terms; (c) respond to any rights claims; (d)provide certain customized features of the Radar to you, if any; (e) respond if you contact us for any reason; or (f) protect the rights, property, or personal safety of The MLC, other CMOs/Users, and the public.

You represent and warrant to The MLC that your access and use of the Radar is and will remain in compliance with these Terms and all applicable laws.

Per the Privacy Policy, you will receive communications via email. These communications will consist of updates about Radar and other notifications as appropriate. In addition and for example, The MLC may forward a Radar newsletter comprising regular communications via email that highlight key events, milestones, and other important information in order to keep you informed about Radar. If at any time you choose to no longer receive the Radar Newsletter, you may opt-out by contacting us or by clicking the “unsubscribe” link that is included at the end of the e-mail.

‍4.     User and CMO Obligations

‍Users 

Users are responsible, and jointly and severally liable with CMOs, for all uses of the Radar, directly or indirectly, whether such access or use is permitted by or in violation of these Radar Terms. Users are responsible, and jointly and severally liable with any CMOs, for all information provided to The MLC.

Users are responsible for the deployment of physical, technical, organizational, and administrative security measures and policies to protect access to and use of User and CMO accounts, account login identification and password information, and all information provided to The MLC. Such measures and policies shall protect against unauthorized access to and use of the Radar by others and shall ensure the proper and accurate disclosure of information submitted via the Radar. 

‍CMOs 

CMOs are responsible and jointly and severally liable with each User for all uses of the Radar, directly or indirectly, whether such access or use by such Users is permitted by or in violation of these Radar Terms.

Without limiting the generality of the foregoing, CMOs shall be responsible for all acts and omissions of any Users that have access to their User account(s) in the Radar. Any act or omission by any User that would constitute a breach of these Radar Terms will be deemed a breach of these Radar Terms by Music Distributor. CMOs are solely responsible for all information provided to The MLC via their Radar account(s)or otherwise on their behalf and for all activities that occur using any login information associated with their CMO account(s). You acknowledge and agree that The MLC has the right (but not the obligation) to monitor any submissions or materials transmitted through the Radar, and to alter or remove any such materials, to disclose such materials to any third party in order to operate the Radar properly and to comply with legal obligations or governmental requests.

CMOs shall be responsible for:      
i.         ensuring that all individuals that have access to their CMO Radar account(s) comply with these Radar Terms;
ii.        granting, managing, and rescinding User access to CMO Radar account(s); and
iii.       the deployment of physical, technical, organizational, and administrative security measures and policies to protect access to and use of User and CMO accounts, account login identification and password information, and all information provided to The MLC through a CMO Radar account(s) or otherwise. Such measures and policies shall protect against unauthorized access to and use of the Radar by Users and others and shall ensure the proper and accurate disclosure of information submitted via the Radar. 

‍5.     RadarAccount Password

‍The Radar may implement technology that enables us to recognize you as the accountholder and provide you with direct access to your account when you revisit the Radar. Notwithstanding the foregoing, you are solely responsible for maintaining the confidentiality of your account and password and for restricting computer access. You agree not to provide any individuals access to your account for the Radar unless they are an authorized User (i.e., an Account Owner, Admin User, or General User). You accept full responsibility for any use of or action taken under your login information and hereby release The MLC from any and all liability concerning such activity. Users of public or shared devices should log out of the Radar at the completion of each visit.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your username or password), you agree to immediately notify The MLC by any of the methods described here.

The MLC has no obligation to inquire as to the authority or proprietary use of or action taken under one or more of a CMO’s usernames or passwords and will not be responsible for any loss to CMOs arising from any such use or action or from a CMO’s failure to comply with these Radar Terms. You are solely liable for losses incurred by you, The MLC, or others due to any unauthorized use of your account.  

‍6.     Intellectual Property

‍The Radar contains copyrighted and proprietary subject matter. The Radar (including the design, compilation, selection, coordination, arrangement, and enhancement of all software, user interfaces, and any related documentation provided by The MLC to facilitate any use of any aspect of the Radar) is the property of The MLC, its suppliers, and/or its licensors and is protected by applicable U.S. and international laws, including copyright and trademark laws. You acknowledge that all such rights are valid and enforceable. You may not remove or obscure any copyright or other proprietary notices contained on the Radar. You are not permitted to use any trade names, trademarks, service marks, trade dress, and related logos of The MLC and its affiliated legal entities and licensors (collectively, the “Marks”) unless you first receive prior written and express consent to do so from The MLC or the third party that may own such Marks.

‍7.     Service Testing

‍From time to time, we test various aspects of the Radar, including the platform, user interfaces, applicable service levels, features, functionality, and availability of the Radar. We reserve the right to include you in or exclude you from these tests without notice. We will not be liable for any reason if the Radar is unavailable at any time or period during these tests.

‍8.     Disclaimer of Warranties

‍THE MLC PROVIDES THE RADAR “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. THE MLC DOES NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON THE RADAR; NOR DOES THE MLC COMMIT TO ENSURING THAT THE RADAR REMAINS AVAILABLE OR THAT THE MATERIAL ON THE PLATFORM IS KEPT UP-TO-DATE. THE MLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE RELATING TO THIS RADAR. THE MLC DOES NOT WARRANT THAT YOUR USE OF THE RADAR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RADAR OR THE SERVER(S) ON WHICH THE RADAR IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL EQUIPMENT NEEDED TO ACCESS AND USE THE RADAR AND ALL CHARGES RELATED TO THE USE OF THE RADAR. YOU ASSUME ALL RESPONSIBILITY AND RISKS IN CONNECTION WITH YOUR USE OF THE RADAR.

IF YOU BECOME AWARE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR LOSS OF YOUR ACCOUNT CREDENTIALS, OR IF YOUSUSPECT A SECURITY BREACH, IN ADDITION TO THE STEPS OUTLINED IN SECTION 5 HEREIN, PLEASE NOTIFY US IMMEDIATELY BY CONTACTING SUPPORT HERE.

DATA CONTAINED IN THE RADAR HAS BEEN PROCURED FROM PUBLICLY AVAILABLE SOURCES. THE MLC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE DATA MADE AVAILABLE. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE ACCURACY AND LEGAL COMPLIANCE OF ANY INFORMATION PRIOR TO USE. YOUR USE OF AND RELIANCE ON THE INFORMATION PROVIDED IS AT YOUR OWN RISK. BY ACCEPTING THIS INFORMATION, YOU ACKNOWLEDGE AND AGREE THAT THE MLC SHALL BEAR NO LIABILITY—WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE—ARISING FROM OR RELATED TO THE PROVISION, USE, OR RELIANCE UPON SUCH INFORMATION.

THE MLC SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY ON THE PART OF ANY PARTY FOR ANY LOSS OR DAMAGES WHICH MAY BE INCURRED, DIRECTLY OR INDIRECTLY, AS A RESULT OF THE USE OF THE INFORMATION IN THE RADAR, OR FOR ANY OMISSIONS OR ERRORS CONTAINED IN THE RADAR. IN THE EVENT THAT A SITUATION ARISES IN WHICH THE RADAR’S ACCURACY OR COMPLETENESS IS IN QUESTION, PLEASE CONTACT SUPPORT HERE AND, IF POSSIBLE, PROVIDE A DESCRIPTION OF THE MATERIAL TO BE CHECKED AND THE SPECIFIC LOCATION (URL) WHERE SUCH MATERIAL CAN BE FOUND ON THE RADAR, AS WELL AS INFORMATION SUFFICIENT TO ENABLE US TO CONTACT YOU.

‍9.     Limitation on Liability

‍TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE MLC OR ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Radar, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, SPECIFICALLY INCLUDING 17 USC 115(d)(11)(D).

‍10.  Indemnification

Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless The MLC, officers, directors, employees, and applicable vendors from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys' fees) arising from, relating to, or resulting from(a) your breach or alleged breach of these Radar Terms, including any covenants, representations and warranties therein; (b) your access to, use, misuse, or alleged misuse of the Radar; or (c) your violation or alleged violation of any law or any right of any third party.

‍11.  Radar Account Suspension or Termination

You agree that your access to the Radar may be suspended or terminated without prior notice, and you agree that The MLC will not be liable to you or any third party for any such suspension or termination. The MLC reserves the right to modify, suspend, or discontinue the Radar and/or access to it at any time and without notice to you. The MLC specifically reserves the right to suspend or terminate your account or deny access, use, and registration privileges to any User at any time for any reason, including but not limited to: (1) your account has been inactive; (2) The MLC determines, in its sole discretion, the Radar is being used for fraudulent or criminal activities or in violation of any applicable law or regulation, these Radar Terms, or in a manner that The MLC deems creates an undue regulatory, security, financial, or reputational risk; or (3) The MLC, any MLC suppliers or third party vendors, or any regulatory, governmental, or other law enforcement authority requires The MLC to terminate or suspend access or use of the Radar. Upon any deactivation by The MLC, your ability to use the Radar will automatically terminate.

The MLC will not be liable to you or any third party should it exercise such rights to suspend, terminate, modify or change the Radar and/or Radar access, even if your use of the Radar is impacted by the change. These remedies are in addition to any other remedies that The MLC may have at law or in equity. Notwithstanding the foregoing, if you believe your access to the Radar was suspended or terminated in error, please email The MLC at notices@themlc.comwithin seven (7) days of the termination date to appeal the decision. Reinstatement of your access to the Radar will be in The MLC’s reasonable discretion.

‍12.  Geographic Restrictions

The MLC is based in the State of Tennessee in the United States. We and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. If you access the Radar from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.

‍13.  Governing Law

All matters relating to these Radar Terms and any dispute or claim arising from or related to these Radar Terms will be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice of law or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Radar Terms will be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the City of Nashville and County of Davidson.

‍14.  Modification of the Radar Terms

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Radar Terms at any time for any reason. We may notify you of such changes through a variety of reasonable means, including a change to the “Last Updated” date set forth above. All changes are effective immediately. Please check these Radar Terms periodically for changes. Your continued use of the Radar after the posting of changes constitutes your binding acceptance of such changes.

15.  Contact Information 

We welcome your questions, comments, and concerns about these Radar Terms using our below contact information by visiting here or The MLC

Attn: Radar Terms
333 11th Avenue South
Suite 200
Nashville, TN 37203
legal@themlc.com