Pricing Terms

Terms of Service

Network Terms of Service

Sessions Terms of Service

Projects Terms of Service

Privacy Policy

Acceptable Use and Fair Usage Policy

Copyrights

Projects Terms of Services

Definitions 

To best understand these Projects Terms, please refer to the definitions below. If a term is defined, as indicated by a capital letter, and is not defined in this list or elsewhere in these Projects Terms, then this term is defined in the General Terms.

  • Beta Services” means part or all of the Projects Services which is provided to you as a free trial, launch trial, beta services or otherwise in an experimental or tentative manner. The Beta Services may be free of charge, offered at a reduced price or at a discounted price.
  • "Collaborator" means a user who has been invited by an Owner to access a Project’s including through by technological means, like a URL link, and who is assigned a status in a Project as an Owner, Editor or Viewer. A Collaborator can include a Pro from the Network (as defined in, and subject to the Network Terms).
  • “Music Services” means the services that are provided through our web-application and, where applicable, mobile applications, to our subscribers, and which include the Beta Services, the Projects Services, the Network Services, the Session Services, and any other services available from time to time through our web application.  
  • "Order Form" means an order form, such as an online form, which describes the fees applicable for the Projects Services and the Subscription Plan. You accept the order form when you purchase the Projects Services, or when you click to access the Projects Services, and these Projects Terms become effective at that moment. The Projects Terms includes the Order Form. 
  • "Owner" means a user who creates and manages a Project within the Project sServices. If you are an Owner in any Project, all of the terms and conditions which applies to the Owner are applicable to you, and Owner refers to you. 
  • "Project" means a digital platform that allows Collaborators to provide Shared Materials to each other, for the purpose of a common project managed by an Owner.
  • “Projects Outputs” means the result of a Project, such as a recording, which may include Shared Materials and Integrated Materials.
  • "Projects Services" means the Music Services which are subject to these Projects Terms. The Projects Services allow you to work with Collaborators to create Projects.
  • "Shared Materials" means the recordings, songs, files, documents, and other materials which are shared through in a Project by the Collaborators.
  • Subscription Plan” means the access rights which are purchased by a user, including the duration of this access, and any limitations indicated in the Order Form from time to time.
  • "Terms" means the terms and conditions which are applicable to the Music Services, including the General Terms (as defined below), the Specific Terms (as defined below), and other documents which are generally published by LANDR, as modified from time to time, on the Legal Terms webpage.
  • "Integrated Materials" means the materials which are included in a Project, including any Shared Materials, or any materials which is made available by us through the Music Services and which we allow you to integrate. 
  • "Viewer" means a Collaborator which is invited to participate in a Project, including 

Application

The General Terms contain the terms and conditions generally applicable to the Music Services, or for some functionalities within the Music Services, and include the Music Services Terms and Conditions and the Acceptable and Fair Use Policy (the "General Terms"). The specific terms are those that apply only to certain services (the “Specific Terms”).

For example, the Network Terms of Services apply specifically to your use of the Network, if you use the Network. These Projects Terms only apply to your use of the Projects Terms, if you accept them and decide to use our Projects Services.

The Specific Terms prevail over the General Terms in case of a conflict between their respective terms.

Beta Services

Parts or all of the Projects Services may be provided and indicated as Beta Services. This means that we're still working on it. There may be some bugs, and we may also ask for some feedback. You agree that we own all right, title and interest in such feedback, and you assign to us or waive any moral rights, and where applicable, we accept this assignment, whichever is permitted under applicable laws.

For as long as you are using the Beta Services, you do not have to purchase a Subscription Plan, even if you are a guest collaborator, unless we indicate otherwise. 

You agree that the Beta Services are provided "as is" and "as available," which means that we disclaim any and all warranties, and that we do not take responsibility for damages resulting from your use, except if we are required under the law. You agree and understand that the Beta Services are provided at your own risks. You don’t have to use the Beta Services, and if you use them, we make no warranty or representation to you. We don’t have any liability for your use of the Beta Services.

If you are accessing the Beta Services, you are accessing it for as long as we decide, regardless of any Subscription Plan, and we may end the Beta Services upon written notice. 

We will provide you with a notice before transiting the Beta Services as fully deployed Projects Services, and we may require that you purchase a Subscription Plan to continue using the Beta Services after the transition. We may provide the Projects Services under different terms and conditions at the time that you purchase a Subscription Plan than we do today. You will have to accept the then-current Projects Terms to purchase a Subscription Plan.

Projects Services 

To use the Projects Services, users must have accounts to access the Projects. A guest collaborator is a Collaborator which does not have a Subscription Plan. A guest collaborator will only be able to access the Projects to which the guest collaborator is invited. If you are a guest collaborator, these terms also apply to you for the duration of your use, except that you are not required to purchase a Subscription Plan to access the specific Project to which you have been invited. 

Owners are responsible for choosing adequate settings for their Projects. In particular, you agree and understand that the links used to share access to the Collaboration Platform can be shared publicly. Owners are responsible for ensuring that accesses are only provided to intended Collaborators, including through the functionalities available in the Projects Services, such as

  • Disabling any links which have been shared before.
  • Reviewing the logs demonstrating the modifications to the Shared Materials by the Collaborators to identify any intruder.
  • Protecting your credentials and using a password that is secure.

Owners may also archive Projects, along with any Shared Materials. Once a Project is archived, the other Collaborators will not have any access to the Projects and may not be able to retrieve their Shared Material. 

Each Project allows you to access a log of the modifications and contributions of each Collaborators in the Project (the "Contribution Record"). The Contribution Record is available for all Collaborators and can be retrieved or consulted after a Project has been archived. The Contribution Record include any information which is shared between the Collaborators, along with any comments. The Contribution Record is archived for as long as you have an account with us. We maintain this Contribution Record to help you with the attribution of the contributions, but we have no liability for the Contribution Record, and we will not participate in any dispute between Collaborators regarding the Contribution Record. You hereby waive any rights to assign us in such dispute except as not permitted under applicable laws. 

You can cancel your Subscription Plan at any time, in which case we will not charge you for the next month, and your Subscription Plan will continue until the end of the month. If you subscribe during a month, you will pay only for the days left in the month in proportion of the number of days in the month. 

We can terminate or suspend the  Projects Services in accordance with the Terms. We can also terminate at any time by providing you with a written notice of at least 30 days. 

If we terminate these Projects Terms, you will have 30 days to extract the Shared Materials and Projects Outputs, after which, we will delete any Projects associated with your account, along with any of the Shared Materials and Projects Outputs.

Fees and Payment Terms

The fees are non-reimbursable and noncancelable unless we tell you otherwise. The Project Terms do not cover the payments of any royalties, fees or charges to the Collaborators. The Music Services may contain functionalities which allow for such payments, such as under the Network Terms. We are not responsible of how you arrange payments with your Collaborators, and it is up to you to agree to any payments unless you are using Network.

If you decide to provide payments in any other way than through the Music Services, you understand that we have no liability whatsoever for such payments, and that we will not be able to help you with any dispute, uncovered fees, overcharged amounts, fraud or otherwise. 

Please refer to the Pricing Terms for the payment terms that are applicable to Subscription Plans. The Pricing Terms are deemed part of and integrated into the Specific Terms for the Projects Services.

Intellectual Property

As between you and us, you own all right, title and interest in the Shared Materials that you upload or otherwise share in a Project or otherwise through the Projects Services, except insofar as the Shared Materials include Integrated Materials which we license to you pursuant to the Terms, which are licensed to you.

As between you and us, the Owner owns all right, title and interest in the Projects Outputs. Collaborators may have copyrights and intellectual property rights in the Projects Outputs. The Owner, is responsible for ensuring that Projects Outputs are reproduced, distributed, or otherwise used with appropriate consents and intellectual property rights, in accordance with the law and any agreements between the Collaborators. 

You agree and understand that we have no liability whatsoever for (a) any Projects Outputs which violate the intellectual property rights of others and (b) the attribution of intellectual property rights in the Projects Outputs, including for any Losses (as defined below). The Collaborators are responsible for entering into appropriate agreements regarding their rights.

Except if the Collaborators agree otherwise in a written agreement, the Projects Outputs: 

  • Each Collaborator hereby assigns any and all intellectual property in the Project Outputs, including, without limitation, any and all moral rights into the Shared Material, Projects Outputs and any other aspects of the Project, and the Owner hereby accepts this assignment. Where such assignment is not permitted, the Collaborator hereby waives any moral rights into the foregoing.  For clarity, the Owner owns the Projects Outputs, not the Collaborators.
  • Each Collaborator agrees to execute any documents as reasonably required to help the Owner enforce the foregoing rights.
  • For the avoidance of doubt, each Collaborator hereby specifically authorizes the Owner to use all Shared Materials for the creation of a Projects Output. Unless the Collaborators agree otherwise, the Shared Materials cannot be used for other purposes.

Copyrights and Contributions

You are solely responsible for managing the functionalities available within the Collaboration Platform as required to protect your rights, titles and interests in Projects, such as by limiting access to content which is considered Confidential Information, ensuring that all intellectual property notices are reproduced, and declaring to other participations any limitations on the use of any Shared Materials. We have no liability for your failure to take appropriate actions, and we cannot control or monitor the Shared Materials.

You agree and understand that these Projects Terms provide the Collaborators with standard terms and conditions governing the rules of engagement between the Collaborators over the ownership of Projects Outputs and Shared Materials. The Collaborators may enter into distinct agreements regarding their rights, titles and interests into the Project Outcomes and Shared Materials (each a "Collaborator Agreement"). We will not be bound by any terms and conditions other than those contained herein, unless such terms and conditions are approved by us in writing. A Collaborator Agreement may provide different arrangements regarding any intellectual property rights into the Project Outcomes and Shared Materials, and such terms will prevail over these Project Terms to the extent that LANDR, including its affiliates, employees, directors, officers, shareholders and agents, will not have more liability than it would have under the Terms, and will not be bound by any obligation to which it has not agreed to in writing.

We have no liability whatsoever for matters internal to the organization of your Project, including for any legal matters. We do not provide you with any legal or financial advice, and you should consult a professional for any such advice. You are solely responsible for determining if the standard arrangement that we provide for the Collaborators herein is appropriate for your Project, or if a distinct Collaborator Agreement should be considered, and for any legal fees in relation to such Collaborator Agreement.

Housekeeping Rules

When using the Projects Services, you agree to these following rules:

  • You will not make available Shared Materials to Collaborators if they contain malicious codes and viruses. The Shared Materials will comply with the Acceptable and Fair Use Policy, and in particular, you will ensure that you have all required intellectual property rights and consent prior for publishing, sharing or distributing the Shared Materials through the Projects Services.
  • When collaborating over a Project, you agree to respect the intellectual property of others. Subject to any agreement you may have with others stating otherwise, the following housekeeping rules are applicable regarding intellectual property:
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  • We expect the Collaborators act in a professional manner when using the Projects Services, and when interacting with each other, and to attempt to first resolve any disputes which may arise between yourselves (“Dispute”). If you have a Dispute, contact the other party in writing and explain as clearly as possible what the problem is and what solution you are looking for. Please remain courteous in your communications. If the Collaborators cannot resolve the problem together within 15 days, then you may ask us for assistance by contacting our Support Team. We will, at our sole discretion, decide if we get involved or not and if we determine or not the outcome of the Dispute. Any decision that we decide to make, at our sole discretion, is final. Both the Collaborators agree to be bound by our decision on any Dispute, and agree that we will have no liability to either the Collaborators for our decision, our involvement or our non-involvement, or any other reason in connection with a Dispute.
  • If you agree to any payments for the Collaborators, we encourage you to use the Network Services, which allow you to retain the services of Pros for your Projects. If you don’t use the Network Services, you agree that you do so at your own risks, and that we are not responsible for any fraud or consequences from this decision, including if you decide to meet anyone that you don’t know face to face. Please be safe and use the functionalities available to you in case of doubts.
  • If you decide to collaborate through videoconferences or messages, other than in the functionalities available in the Projects Services, we recommend that the Collaborators use the Session Services, which allow you to collaborate within the Music Services. We are not responsible if you decide to use other telecommunication services.
  • The Shared Materials and the Project Outcomes should also comply with the Acceptable and Fair Use Policy. 

Confidential Information

Confidential information means information which belongs to a party, such as a Collaborator, LANDR or the Subscriber (the "Disclosing Party") and which is disclosed to another party, such as a Collaborator, LANDR or the Subscriber (the "Receiving Party")., and which is related to the private affairs of the Disclosing Party, such as strategic, marketing, financial, personal or technical information, which is indicated as confidential, or which the Receiving Party should understand is confidential. For example, if a Collaborator provides you with access to a release plan for a Project Outcome which is marked as confidential, this release plan classifies as Confidential Information.

We ask that you do not disclose or use the Confidential Information received from a Disclosing Party under these Project Terms unless it is required to contribute to the Project, or you have a consent to do so. You may use and disclose Confidential Information if required to comply with applicable law, such as if you receive a valid court order to disclose the Confidential Information. If you receive such a legal request, please try to advise the concerned Collaborator before, if you are legally allowed to. This way, they may be able to squash the order if they want to. Once you do not need the Confidential Information anymore, or once it is not required anymore under applicable law, please securely delete this Confidential Information from all your systems.

This means that it is a material breach of these Terms to use the Confidential Information for other purposes, such as to compete with the Disclosing Party, to steal, copy, reverse engineer, transfer, share, reproduce or otherwise misappropriate any Confidential Information.

You agree and understand that if you are in material breach of your obligations regarding Confidential Information, the Disclosing Party will have the right to initiate procedures for injunctive relief.

Intended Use

The Projects Services are intended to be used by professionals, as part of their trade. The Music Services are not intended for domestic uses. You agree and understand that consumer protection law is not applicable to your use of the Music Services.

Personal Information

You are solely responsible for ensuring that you handle the personal information of others, including of Collaborators, in accordance with applicable laws, whenever these laws are applicable. If you are located in the European Union, you agree and understand that we are the data controller of any personal information which is processed through the Projects Services, and you are the data controller in relation to any subsequent uses other than in the Music Services.

Disclaimers

You agree and understand that we don't control the Shared Materials which is uploaded in a Project, and that we have no liability whatsoever for any damages resulting from the upload of such Shared Materials.  We are not responsible for any damages or loss to the Shared Materials or to a Project resulting from the use of the Projects Services. You agree and understand that Owners may archive, delete and manage the Shared Materials on the Collaboration Platform and that we have no liability whatsoever for such actions.

We are not responsible for any disputes between the Collaborators, including on any copyright issues, and we are not responsible for arbitrating or mediating any disputes resulting from your use of the Projects Services, except as provided under the General Terms. It is your responsibility to ensure that the terms of engagement are clear, and to enter into specific agreements if the intellectual property arrangement herein is invalid, in which case, we will respect this agreement.

The Collaborators may upload Shared Material on the Collaboration Platform. We do not control the Shared Material, and we are not responsible for any Shared Materials, and for any damages resulting from the Shared Materials, including any security breach.

None of the exclusion of liabilities and disclaimers are applicable where the law specifically prohibits such exclusions. In the province of Quebec, such exclusions and disclaimers are not applicable to bodily harm, moral damages and intentional faults to the extent that they are caused by our fault. 

Indemnity

In addition to any other applicable indemnities under the Terms, you agree to defend, indemnify and hold us, and our affiliates, employees, directors, shareholders and officers, harmless from any damages, claims, fines, penalties, expenses and costs (including reasonable lawyers fees) (the "Losses") resulting from :

  • A breach of these Project Terms.
  • A breach of applicable laws.
  • The Shared Materials, the Projects or the Projects Outputs.

This indemnity will only apply to the extent that the Losses are attributable to your acts or omissions, or circumstances for which you are liable under the law or these Terms. We may request to conduct our own defence, in which case, you agree to pay for such defence and the Losses as set forth herein.

Changes to the Project Terms

We may modify the Project Terms to cover new functionalities, new legislative requirements or as required. When we do so, we will provide you with a prior notice in writing. If you continue to use the Projects Services after this notice, or if you decide to renew the Subscription Plan through a subsequent payment, the modifications will be applicable to you. If you don't agree with the modifications to the Project Terms, you may terminate your use of the Project Terms, and we will not charge you for subsequent payments, where applicable. 

General 

Except as expressly provided herein, you cannot assign or transfer any of your rights or obligations under these Project Terms, except if we consent in writing, and we may withhold this consent at our reasonable discretion. We may assign these Project Terms with or without notice to you. Any authorized assignee and successor is bound by the Project Terms, and any attempt to assign or transfer part or part of these Project Terms without rights is null and void. 

The Project Terms, along with the Terms and any Order Form, each of which is incorporated herein by reference, constitute the entire agreement between the parties relating to the subject matter hereof and supersedes any prior agreement or understandings between them. There are no other agreements, representations, warranties, promises, covenants, commitments, or undertakings by either party other than those expressly set forth in the Terms.

The Parties have expressly requested that these Project Terms and the related documents be drawn up in English and that all modifications thereof can be made in this language. Les parties ont demandé expressément que les Conditions d'utilisation pour Project et les documents afférents soient rédigés en anglais et que les modifications à ceux-ci soient également dans cette langue.

The parties are independent contractors and nothing herein contained will be construed as creating any relationship of employer/employee, partnership, agency (except to the extent specifically provided herein), joint venture, or otherwise between the parties hereto, nor will these Project Terms be construed as conferring on any party any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of any other party.